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Museum Tower Condo. Assoc. Inc. v. The Children's Museum of Atlanta Inc.

The parties to the declaration governing the homeowner's association intended to remove the limited common elements expenses from the general pool of common expenses and apportion them specially among the assigned unit owners.

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The Museum Tower Condominium Association, Inc. the “Association” sued one of its members, the Children’s Museum of Atlanta the “museum”, to resolve a dispute over the museum’s monthly association fee. The parties filed cross-motions for summary judgment, and the trial court granted summary judgment to the museum. For reasons that follow, we affirm. Summary judgment is appropriate when no genuine issues of material fact remain and the moving party is entitled to judgment as a matter of law.1 The undisputed evidence shows that the Museum Tower Condominium is a mixed-use development consisting of two commercial and 167 residential units. The museum owns a ground-floor commercial unit in the development. As a unit owner, the museum is a member of the Association and is governed by the development’s Declaration of Condominium the “Declaration”.

Under the Declaration, the Association may levy monthly assessments on members to meet the development’s common expenses. The term “common expenses” includes payments made to maintain, repair, replace, and operate the development’s “common elements,” which consist of all property located outside of the actual condominium units. Association members own the common elements as tenants-in-common, and common expenses are generally “assessed against all the Units in accordance with the percentage of undivided interest.”

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