Park Ridge Condo. Assoc. Inc. v. Callais

The trial court erred failing to determine under O.C.G.A. § 14-3-1604 c, which fees and expenses related to the plaintiff's petition to inspect and copy her condominium association's records

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After Gail Callais sued Park Ridge Condominium Association, Inc. Park Ridge, seeking to inspect and copy records pursuant to OCGA § 14-3-1602, the trial court ordered Park Ridge to permit such inspection.1 The issue of attorney fees was reserved. Following a second hearing, the trial court ordered Park Ridge to pay Callais’s attorney fees and expenses. Park Ridge appeals, arguing that the court erred in finding that Callais had a proper purpose for inspecting the records and in finding that Park Ridge did not act in good faith. Park Ridge also contends that the award of attorney fees and expenses was excessive and unreasonable. For reasons that follow, we reverse and remand with respect to the award of attorney fees and expenses. The relevant facts demonstrate that Callais, a resident at Park Ridge, wrote the Board of Directors for the condominium association twice —once on September 21, 2005 and again on October 3, 2005 —requesting permission to inspect and copy certain Park Ridge records, including bank statements, insurance policies, and minutes from board meetings. According to the second letter, Callais made the request “in order to have an understanding of the proposed 2006 budget when it is distributed prior to the annual meeting.” Apparently, Park Ridge did not permit Callais to inspect the records, and she filed suit on November 1, 2005, seeking expedited relief in accordance with OCGA § 14-3-1604 a & b. Callais also sought payment of attorney fees in accordance with OCGA § 14-3-1604 c.

At a hearing, conducted two days later, the trial court ordered Park Ridge to permit the inspection and copying of specified records within ten business days. The trial court reserved the attorney fee issue pending a subsequent hearing. Shortly thereafter, Callais was permitted to inspect and copy the Park Ridge records.

Park Ridge Condo. Assoc. Inc. v. Callais

The trial court erred failing to determine under O.C.G.A. § 14-3-1604 c, which fees and expenses related to the plaintiff's petition to inspect and copy her condominium association's records

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