Foster v. Wilmington Plantation Owners Ass's Inc.

Venue in actions to enforce condominium association liens under the Georgia Condominium Act, O.C.G.A. § 44-3-70 et seq. properly lies in the county of the defendant's residence.

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We granted William M. Foster’s applications for interlocutory appeal in these two related cases in order to consider an issue of first impression: the proper venue of an action to enforce a condominium association lien under the Georgia Condominium Act, OCGA § 44-3-70 et seq. The Act provides that the law governing foreclosure of liens for the improvement of real property applies here. Venue therefore properly lies in the county of the defendant’s residence rather than in the county where the property is located, in this case Chatham County, where the actions were brought. Because both defendants in Case No. A10A0262 reside in Twiggs County, the trial court erred in denying Foster’s motion for transfer of venue. In Case No. A10A0374, one of the defendants admitted venue in Chatham County in its answer, but the trial court erred in holding that the defendants were joint obligors, and we therefore reverse in that appeal as well. William Foster, a Twiggs County resident, owned four units in a Savannah condominium known as Wilmington Plantation. In 2006, he sold two units to EKL Georgia, LLC “EKL”, also a Twiggs County resident. In 2005, he sold two units to Inglesby & Inglesby Real Estate Holdings, LLC, “Inglesby”, which had its principal office and registered agent for service in Fulton County.

In 2008, Wilmington Plantation Owners Association “Wilmington” brought two actions for unpaid condominium association fees, one against Foster and EKL for the units that EKL now owns, and one against Foster and Inglesby for the units that Inglesby now owns. Wilmington alleged that it believed Foster and EKL to be residents of either Bibb or Twiggs Counties, while alleging that Inglesby was a Fulton County resident. In both actions, however, Wilmington alleged that venue was proper in Chatham County as an action for the foreclosure of real property. Both Foster and EKL answered challenging venue, but Inglesby in its answer admitted venue was proper in Chatham County.

Foster v. Wilmington Plantation Owners Ass's Inc.

Venue in actions to enforce condominium association liens under the Georgia Condominium Act, O.C.G.A. § 44-3-70 et seq. properly lies in the county of the defendant's residence.

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