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Northlake Manor Condominium Association, Inc.v.Harvest Assests, Llc

CourtCourt of Appeals of Georgia
Docket No.A18A0653
DecidedApril 12, 2018
Reporter340 Ga. App. 237
JudgesCourt of Appeals of Georgia
Tags
CivilProperty LawContract LawStatutory InterpretationSummary JudgmentReversalRemand
Case Summary

Northlake Manor Condominium Association sought unpaid condominium assessments from Harvest Assets, which had purchased a unit at a tax sale. In an earlier appeal, the Georgia Court of Appeals held that assessments paid by the tax-sale purchaser were part of the redemption price, then remanded for calculation of the proper amount. During the litigation, the Association stopped pursuing redemption but continued its claim for assessments that accrued while the case was pending. The trial court ruled that a consent order and general equitable principles barred recovery. The Court of Appeals reversed. It held that a tax-deed purchaser becomes liable for condominium assessments accruing after the sale, even while the property remains subject to redemption and the purchaser is involved in a dispute with the Association. Equity could not override those established statutory and legal obligations. The court directed the trial court to grant summary judgment to the Association on the unpaid assessments and to conduct further proceedings consistent with the opinion.

Opinion

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