Ellington v. Gallery Condominium Ass'n Inc.

A condo association had authority under O.C.G.A. § 44-3-80 b 3 and the attached condo declaration to charge its unit owners for utilities, which the association paid as a common expense.

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Courtney Ellington appeals the grant of summary judgment to Gallery Condominium Association, Inc. in its suit to recover unpaid condominium assessments. She argues that genuine issues of material fact exist and that the evidence does not support the association’s award of attorney fees. We find that Ellington did not meet her burden of coming forward with evidence to create a genuine issue of material fact and that the evidence supports the attorney fees award. We thus affirm. The association filed this suit seeking to recover unpaid association assessments, late fees, utilities, interest and attorney fees. Ellington answered the complaint, admitting that she had agreed to pay a portion of the assessments but contending that the association failed to respond to her requests for an accounting of the additional amounts the association charged, beyond what she had agreed to pay.

The association filed a motion for summary judgment, and Ellington responded. The trial court granted the motion. It found that by failing to respond timely to the association’s request for admissions, Ellington admitted that she had not made a condominium assessment payment since September 1, 2009. Further, the court noted that in her response to the summary judgment motion, Ellington challenged the amounts the condominium association charged, but she did not deny that she had not paid what she owes. The court observed that the association had presented evidence about the amount owed at the hearing on the motion for summary judgment, and the court entered judgment for that amount. The court also awarded the association costs and attorney fees under OCGA § 44-3-109 b 3.

Ellington v. Gallery Condominium Ass'n Inc.

A condo association had authority under O.C.G.A. § 44-3-80 b 3 and the attached condo declaration to charge its unit owners for utilities, which the association paid as a common expense.

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