Owner’s Refusal to Pay $280 in Assessments Results in $28,000+ Judgment Against Him

Case Summary

This case involved a legal battle between a homeowner and his Homeowners Association (HOA) over unpaid HOA assessments and the HOA’s authority to collect attorney fees. Homeowner disputed the HOA’s ability to levy fees against him and challenged a lien placed on his property for unpaid dues. However, after contentious litigation and multiple judicial recusals, the Court of Appeals ultimately upheld the HOA’s right to recover legal costs, leaving homeowner responsible for $28,372.06 in attorney fees.

Background & Dispute

• Homeowner purchased his home in 2014, subject to the Declaration of Covenants, Conditions, and Restrictions (CCRs) of the Brunswick Forest HOA.
• Under the CCRs, homeowners were required to pay annual assessments, which Homeowner refused to pay in 2015 and 2016.
• The HOA sent multiple notices informing him of his delinquency, requesting $280 in unpaid assessments plus $100 in attorney fees.
• When Homeowner still refused to pay, the HOA filed a lien on his property and warned him of further action if he did not settle the balance.

Homeowner responded by suing the HOA in 2016, arguing that:

• The HOA failed to properly calculate the assessments as required by its governing documents.
• The lien on his property was invalid and should be removed.
• The HOA committed breach of fiduciary duty and intentional harm by attempting to collect the disputed assessments.

The HOA counterclaimed against Homeowner for breach of contract, asserting that his refusal to pay assessments violated the CCRs and that it was entitled to attorney fees for enforcing the rules.

Litigation & Trial Court Decision: