Demere Landing Condominium Owners Ass'n v. Matthews
315 Ga. App. 464
| Ga. Ct. App. | 2012Background
- Condominium owners filed a declaratory judgment seeking to count only in-person presence toward quorum, excluding proxies.
- A Jan. 9, 2010 special meeting adopted a special assessment for roof replacements after a claimed lack of quorum.
- Porterfield objected to quorum at the meeting; the chair overruled, and the special assessment was adopted.
- Lien and foreclosure notices were issued to Matthews for non-payment, restricting access to amenities and voting.
- Parties later stipulated that, if proxies were counted, the January 9, 2010 meeting would reach a quorum.
- Trial court denied summary judgment, finding a factual quorum issue; the matter was appealed for de novo review.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether proxies count toward quorum under bylaws | Matthews/Porterfield | Association | Quorum requires personal presence; proxies do not count |
| Standing of Matthews/Porterfield to sue declaratorily | Matthews/Porterfield | Association | No ruling below on standing; no reviewable error identified |
| Dismissal for lack of standing on declaratory relief | Matthews/Porterfield | Association | No trial court ruling on standing; cannot assign error |
Key Cases Cited
- Morton v. Talmadge, 166 Ga. 620 (1928) (word 'member' means personally present; no proxy quorum)
- McPherson v. City of Dawson, 221 Ga. 861 (1966) (quorum presence rule affirmed; statutory context)
- Bradford Square Condo. Assn. v. Miller, 258 Ga.App. 240 (2002) (private condo bylaws construed strictly; quorum rules)
- Felix v. State, 271 Ga. 534 (1999) (cited for general principle of reviewing trial court rulings)