Emerson v. BROOKMERE HOMEOWNERS ASSOCIATION, INC., 311 Ga. App. 371

Emerson owns property in Brookmere subdivision; Brookmere filed suit to foreclose its lien and collect unpaid HOA assessments, fines, interest, costs, and attorney fees under OCGA § 13-6-11.
Emerson answered and counterclaimed for breach of contract, fraud, and breach of fiduciary duty.
Brookmere moved to strike Emerson's answer or, alternatively, for summary judgment on its claims and Emerson's counterclaims; the trial court denied the strike and denied summary judgment on Counts 1 and 2 but granted summary judgment on Count 3 for $5,000 in attorney fees and expenses.
The trial court held Brookmere entitled to attorney fees for defending Emerson's counterclaims, even though Brookmere was the counterclaim defendant.
The Georgia Court of Appeals held that OCGA § 13-6-11 permits attorney fees only to a plaintiff, not a defendant, so the award was unauthorized and must be reversed.
Judgment reversed; the fee award to Brookmere under OCGA § 13-6-11 is improper because Brookmere was the counterclaim defendant.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether OCGA 13-6-11 permits attorney fees for defending counterclaims	Emerson contends Brookmere cannot recover as defendant.	Brookmere argues statute allows expenses in any successful defense against a claim.	No; 13-6-11 does not permit defendant's defense expenses.
Whether Brookmere is entitled to attorney fees for defense under 13-6-11 given its role as counterclaim defendant	Emerson relies on statute's plaintiff-only recovery rule.	Brookmere alleges entitlement as prevailing party on its defense.	Brookmere is not entitled; award unauthorized.

Dennis-Smith v. Freeman, 277 Ga.App. 822 (Ga.App. 2006) (OCGA 13-6-11 does not permit recovery of expenses incurred in defending a lawsuit)
Cox Interior v. Bayland Properties, 293 Ga.App. 612 (Ga.App. 2008) (defense expenses not recoverable under 13-6-11)