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Sassafras Mountain Estates Property Owners Ass'n Inc. v. Gould

The trial court erred in awarding attorneys' fees to the appellants because the order gave no basis for the award and failed to include specific findings of fact to support the award.

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Sassafras Mountain Estates Property Owners Association SMEPOA appeals from the trial court’s orders granting partial summary judgment to Walter and Janet Gould in Case Number A09A2201 and to Carolyn and Sammy Hawkins in Case Number A09A2228. Because the orders appealed from are almost identical, we have joined the two cases for disposition on appeal. The Goulds and the Hawkinses are Sassafras Mountain Estates property owners “property owners”, “appellees” who were not members of SMEPOA and who disputed SMEPOA’s authority to assess them for road improvement and maintenance fees. As a result of their refusal to pay the assessed fees, SMEPOA filed liens on their property. The property owners sued SMEPOA, asking for, among others, declaratory relief, injunctive relief and attorney fees.

SMEPOA filed a motion for summary judgment and the property owners filed motions for partial summary judgment. The trial court denied SMEPOA’s motion and granted the motions of the property owners. This appeal followed.

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