A tax sale purchaser acquired title to eight Association lots at tax sale and subsequently failed to pay assessments due to the Association. The Association filed a lawsuit alleging that the purchaser was responsible for payment of all assessments due after the date of the tax sales. The purchaser disputed liability for assessments claiming that the title conveyed in the tax sales was not sufficient to trigger liability for assessments. In the trial court, Mr. Finamore argued that the...
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The 2017 edition of Thomson Reuters' Georgia Super Lawyers magazine recognized Elina V. Brim, Stephen A. Finamore, Jason W. Hammer, Cynthia C. Hodge, Burke B. Johnson, John T. Lueder, Brian P. McElreath, Daniel E. Melchi, Erica L. Parsons, Jefferson M. Starr, and Brandon D. Wagner as among the best in their respective practice areas in the state. Exceptional lawyers who have attained a high degree of peer recognition and professional achievement For inclusion onto these lists, lawyers are...
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The Condominium Association filed suit against the owners seeking judicial foreclosure and a monetary judgment. The owners counterclaimed against the Association seeking compensation for repairs made to the interior of the unit and mismanagement of a lawsuit against the builder. The trial court dismissed the counterclaim on Summary Judgment, finding that the owners’ claims were long barred by the statute of limitations; the owners appealed. While the appeal of the Motion for Summary...
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Lueder, Larkin & Hunter’s community association newsletter Community Matters is now available for download online. The Fall 2016 edition features an article regarding HUD's new Fair Housing rule and its implication for community associations (By Cindy Hodge), an article about the effectiveness of settlement agreements in collection matters (by Mark Edwards), and a discussion of the Mountainbrook case and its how it will affect late charges and interest for certain community associations...
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Brendan Hunter and Elina Brim recently obtained a judgment for our association client in the Superior Court of Forsyth County in excess of $40,000.00, which included $22,000.00 in fines. The case arose when the homeowner refused to perform maintenance on his property and refused to pay assessments. With respect to maintenance, the homeowner argued that a jury must make a determination of a maintenance violation. Further, the owner argued that a jury must make a determination on his statute of...
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