News, Events, & Publications

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 limitations defense. Mr. Hunter and Ms. Brim argued that the Association’s determination of a maintenance violation is not reviewed under an objective standard. Rather, the only judicial issues were whether the exercise of the board’s authority was procedurally fair and reasonable, and whether the substantive decision was made in good faith, and was reasonable and not arbitrary and capricious. Mr. Hunter and Ms. Brim also successfully argued that the statute of limitations commenced to run from the date of the board’s determination that a violation was occurring on the owner’s property. The Court granted the Motion for Summary Judgment, finding that the owner was in violation of the Declaration and finding that the statute of limitations did not bar the Association’s claim.

Brendan Hunter and Elina Brim each serve as general counsel for our community association clients, and focus their practice in the areas of community association law, insurance defense, and general litigation.