Hall v. Town Creek Neighborhood Ass'n, 320 Ga. App. 897

Association sued Hall for unpaid Town Creek special assessments (2009–2010) and sought attorney fees under covenants.
Hall contends no valid board existed; alleges Declarant or developer authority to levy without a proper board.
Trial court granted summary judgment for Association; court held Declarant could act as board for seven years.
Appellate record shows no board was ever appointed; Association argued Declarant’s control satisfied assessments.
Court applied covenants contract-law analysis; held Declarant cannot forego a board or act in lieu of it; reversed and remanded for Hall to prevail; attorney-fee award left for remand.
Developer Bethlehem Road, LLC later transferred development rights; Association did not file Bylaws copy in record.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Can Declarant act as board for seven years to authorize assessments	Hall argues no valid board; Declarant cannot act as board	Hall	No; Declarant cannot substitute for a board; assessments invalid
Whether covenants permit foregoing board appointment	Hall	Association contends Declarant control suffices	Covenants do not permit acting in lieu of an appointed board
Whether summary judgment was proper given lack of a board	Hall	Association	Improvident; reversed; Hall favored on remand
Whether Hall may recover attorney fees	Hall	Association	Remand to determine entitlement to fees

Beale v. O’Shea, 319 Ga. App. 1 (2012) (summary-judgment standard; de novo review)
Samuels v. CBOCS, Inc., 319 Ga. App. 421 (2012) (summary-judgment guidance; light favorable to nonmovant)
Southland Dev. Corp. v. Battle, 272 Ga. App. 211 (2005) (contract-style covenants interpretation; common-law approach)
Saunders v. Thorn Woode P’ship, 265 Ga. 703 (1995) (board duties; procedural fairness)
Bailey v. Stonecrest Condo. Ass’n, 304 Ga. App. 484 (2010) (fiduciary duties of HOA directors)