Hall v. Town Creek Neighborhood Ass'n

A property developer was not entitled to act as the homeowners' association's board of directors; thus, the defendant was not required to pay the special assessments the developer levied.

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

The Town Creek Neighborhood Association filed this action against Danielle Hall1 in the State Court of Fulton County, seeking to recover amounts allegedly owed by Hall as special assessments levied by the Association against all homeowners in 2009 and 2010. Additionally, pursuant to the Association’s Declaration of Covenants, the Association also sought reasonable attorney fees. In her answer, Hall asserted that the power to levy assessments was vested in the Association’s Board of Directors, that either no such Board was ever appointed or that it was otherwise illegally constituted, and that in the absence of a properly constituted Board, the property developer was without authority to impose the assessments at issue. The trial court disagreed and entered an order granting summary judgment against Hall and in favor of the Association, and awarding the Association damages and attorney fees. Finding that the trial court erred in holding that the developer of the property was entitled to function as and in lieu of the Association’s Board of Directors, we reverse.

To be entitled to summary judgment, the moving party “must show that there is no genuine dispute as to a specific material fact and that this specific fact is enough, regardless of any other facts in the case, to entitle the moving party to judgment as a matter of law.” Citation and punctuation omitted. Beale v. O’Shea, 319 Ga. App. 1, __ 735 SE2d 29 2012. “We review a grant or denial of summary judgment de novo and construe the evidence in the light most favorable to the nonmovant.” Citation omitted. Samuels v. CBOCS, Inc., __Ga. App.__ 734 SE2d 758 2012.

Hall v. Town Creek Neighborhood Ass'n

A property developer was not entitled to act as the homeowners' association's board of directors; thus, the defendant was not required to pay the special assessments the developer levied.

Share with Email

Thank you for sharing!

Trending Stories

More From ALM

Subscribe to Daily Report