Williams v. Martin Lakes Condominiums Assoc. Inc.

Reinstatement of an administratively dissolved corporation under O.C.G.A. § 14-3-1422 revives the corporation such that it has capacity to sue in that period between dissolution and reinstatement.

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Pursuant to a granted interlocutory appeal, Mary Ann Williams challenges an order of the Superior Court of Fulton County which denied her motion for summary judgment in this suit brought by Martin Lakes Condominiums Association, Inc., “the Association” to collect past-due fees and assessments. Williams contends she was entitled to summary judgment because the Association, an administratively dissolved corporation, lacked the capacity to sue when it filed its complaint. Williams also contends the court should have enforced a settlement agreement. Finding no error, we affirm. 1. On appeal from a grant or denial of a motion for summary judgment, we review the evidence de novo, viewing it in the light most favorable to the nonmovant, to determine whether a genuine issue of fact remains and whether the moving party is entitled to judgment as a matter of law. Rubin v. Cello Corp ., 235 Ga. App. 250 510 SE2d 541 1998.

The relevant, undisputed facts are as follows. On November 8, 1999, the Association, a nonprofit corporation, sued Williams to collect $1,220 in past-due fees and assessments on her condominium. Williams answered, asserting as a defense that the Association lacked the legal capacity to sue. The Association admits it was administratively dissolved on July 1, 1993. However, on June 1, 2000, the Association’s corporate charter was reinstated. In denying Williams’ motion for summary judgment, the superior court concluded that the Association had legal capacity to sue because “reinstatement of its corporate status allows it to resume its business as if the administrative dissolution never occurred.” We agree.

Williams v. Martin Lakes Condominiums Assoc. Inc.

Reinstatement of an administratively dissolved corporation under O.C.G.A. § 14-3-1422 revives the corporation such that it has capacity to sue in that period between dissolution and reinstatement.

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