Brandon Wagner wins on Summary Judgment in favor of Condominium Association Client
Brandon Wagner filed suit on behalf of a Condo Association for unpaid assessments and judicial foreclosure. The delinquent owner responded to the Association’s suit denying all liability and filing a counterclaim for negligent security. The owner claimed that because the Association had failed to provide adequate security, her vehicle and condo unit had been broken into and vandalized on several occasions. Mr. Wagner filed a Motion for Summary Judgment arguing that the Condo’s Declaration and Georgia law is clear that there is no legal excuse for failure to pay valid assessments and that payment of such assessments are separate and independent from the association’s obligation to provide services to the owner. Regarding the Defendant’s Counterclaim, Mr. Wagner argued that pursuant to the Association’s covenants, the Association was not obligated to provide security and that the Owner could not establish any independent duty upon the Association to provide security. The trial court agreed with Mr. Wagner on both issues and entered an Order Granting Summary Judgment in favor of the Association on both the Association’s Claims and the Defendant’s Counterclaim.
Brandon D. Wagner is an associate in the Alpharetta office of Lueder, Larkin & Hunter where his practice focuses on litigation and collections. Brandon can be reached at bwagner@luederlaw.com.