Villas at Stone Mountain Condominium Ass'n, Inc. v. Blair

Under the Georgia Probate Code and the Georgia Condominium Act, the defendant, as her intestate mother's heir, was immediately vested with her mother's title to a condo upon her mother's death, the defendant became a unit owner at that time and the condo assessments that became due between the time of her mother's death and the condo's subsequent foreclosure sale became her personal obligation.

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

Villas at Stone Mountain Condominium Association, Inc. appeals the grant of summary judgment to Pauline Blair in the association’s action to recover condominium assessments. The association argues that Blair became the condominium owner upon the death of her mother and that she is therefore obligated to pay the assessments that came due between the time of her mother’s death and the condominium’s subsequent sale at foreclosure. Although Blair never lived in the condominium, never rented it out, and never derived any other financial benefit from it, the unambiguous language of Georgia’s Probate Code and Condominium Act, when read together, entitles the association to the relief it claims. We therefore reverse the trial court’s grant of summary judgment to Blair. Blair’s mother was the owner of a condominium unit when she died intestate on November 21, 2008. Blair never resided in the condominium, either before or after her mother’s death. She never received any financial benefit from the condominium. She never claimed ownership of the condominium.

After the mother’s death, the condominium was sold at foreclosure. A deed under power was recorded on March 29, 2010. In the meantime, the condominium association filed this action against Blair and her sister, Patsy McDonald, seeking past due monthly condominium assessments and late fees for the condominium. Blair answered the complaint and filed a counterclaim for her attorney fees. The condominium association filed a motion for partial summary judgment on the issue of liability as well as on Blair’s counterclaim. Blair also filed a motion for summary judgment. The trial court granted summary judgment to Blair on the issue of liability for the condominium assessments and to the condominium association on the counterclaim for attorney fees. The association now appeals, asserting that the trial court erred in granting summary judgment to Blair and denying its motion for partial summary judgment as to liability.

Villas at Stone Mountain Condominium Ass'n, Inc. v. Blair

Share with Email

Thank you for sharing!

Trending Stories

More From ALM

Subscribe to Daily Report