Brandon D. Wagner successfully defended two separate counterclaims; one at the trial level, and one taken to the Georgia Court of Appeals. Order Granting Summary Judgment in favor of the Association on its Claims and Against the Defendant’s Counterclaims - In a lawsuit involving collection an owner's unpaid assessments, the owner filed a counterclaim against the association alleging violations of the Fair Debt Collection Practices Act (the "FDCPA") and sought recovery of monies...
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Lueder, Larkin & Hunter, LLC collected $8,322,632.11 for our clients in 2015, which is up from the $7.7 million we collected in 2014! We know the importance of collections. We know that clients do not want to pay hundreds or thousands of dollars per delinquent account without getting results. Our firm therefore pioneered the industry with results-oriented collections that we call Common Sense Collections. We place the financial burden of collections and place it where it should be...
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A homeowner sued one of our community association clients and argued, in part, that the association had a duty under Georgia law to enforce the covenants against all violations and that the association may be liable for not enforcing. Specifically, the homeowner argued that if Homeowner "A" has a covenant violation that the association does not enforce, then Homeowner "B" may sue the association for not enforcing against Homeowner "A." The Georgia Court of Appeals in the case of Rymer v....
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The Fall 2015 edition of Lueder, Larkin & Hunter's community association newsletter Community Matters is now available! Community Matters is published on a quarterly basis, and if you would like hard copies, we can make those available for you as well. This edition features several helpful articles on the following topics: Helping communities prepare for upcoming Annual Meetings (by David C. Boy, IV); the tricky subject of computing interest on assessments (by Evan Conroy); who is liable...
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Lueder, Larkin & Hunter's community association newsletter Community Matters was offered to our participants at the 2015 Board Boot Camp and is now available online. Community Matters will be published on our website on a quarterly basis. This edition features a case law update on Chapter 7 bankruptcy and "lien stripping" (by Daniel Melchi) and an article discussing the enforceability of amendments that impose new restrictive covenants (by Cindy Carson Hodge). This edition's featured...
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