Georgia Court Says HOA is Entitled to Judgment on Agreement Made with Homeowner in Mediation

Georgia Appellate Court decision (June 2, 2017).

In this case, a homeowners association (“Association”) sought the entry of a judgment based on an agreement it entered into with a homeowner (“Owner”) in a mediation proceeding that was conducted in an effort to resolve a dispute over unpaid dues owed to Association by Owner.

Association initially filed an action against Owner which sought to collect unpaid assessments on Owner’s property, foreclosure of Association’s lien on Owner’s property for the unpaid assessments, and attorney fees.  Rather than go to trial, the parties agreed to participate in mediation and the mediation resulted in a written agreement that set forth terms that were agreed upon by Association and Owner on how Owner would pay unpaid assessments due to Association.  Following the mediation, the agreement was presented to the trial court for entry of a consent judgment in favor of Association.  The trial court entered a final order and judgment that contained terms that differed from those that had been agreed to by Association and Owner.  Association appealed the judgment that was entered by the trial court.