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McGee v. Patterson

The trial court erred in concluding that the plaintiffs lacked standing to bring an action against the board of directors of their homeowners' association because they had not yet paid an increased assessment.

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Willie and Audrey McGee filed suit against the members of the board of directors of their homeowner’s association alleging that the board members breached the association’s declaration of covenants, breached their duty of good faith and fair dealing, and intentionally inflicted emotional distress on the McGees. The McGees, acting pro se at most times, sought damages, reimbursement of certain association assessments, attorney fees, and other relief. Following cross motions for summary judgment, the trial court entered a final order in which it denied the McGees’ motion, granted the defendants’ motion, ordered the McGees to pay unpaid assessments and late fees, and warned the McGees that if they filed any additional suits that “lack merit,” they would be “punishable by the full contempt powers of the Court, including the potential award of attorneys’ fees.” We hold that the trial court’s order contains several errors of fact and law, which require us to reverse in part.

Summary judgment is proper when there is no genuine issue of material fact and the movant is entitled to judgment as a matter of law. OCGA § 9-11-56 c. We review a grant or denial of summary judgment de novo and construe the evidence in the light most favorable to the nonmovant. Home Builders Assn. of Savannah v. Chatham County, 276 Ga. 243, 245 1 577 SE2d 564 2003.

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