McCoy v. Bovee
300 Ga. 759
Ga.2017Background
- Willow Lakes Plantation HOA governed by five-member board; Leonard McCoy served as board president since 2011 and was repeatedly reelected.
- Homeowners (including Joyce Bovee) sued in 2012 alleging board mismanagement and conversion of Association funds; the trial court appointed Hamrick Gnann as receiver to oversee finances.
- Receiver reported interference from McCoy; a property management company Gnann hired resigned, and Gnann had difficulty securing replacement managers due to board obstruction.
- In 2015 petitioners sought an interlocutory injunction enjoining the Board (especially McCoy) from exercising management authority; McCoy moved to recuse the judge and to dismiss.
- The trial court denied recusal and dismissal, found McCoy acted to the Association’s detriment (including self-dealing with businesses owned by relatives), removed him from the Board, and ordered an election to fill his unexpired term; remaining board members were ordered to cooperate with the receiver.
- McCoy appealed; the Supreme Court of Georgia affirmed, deferring to the trial court’s factual findings and credibility determinations and rejecting McCoy’s preserved and unpreserved claims.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether trial court erred in removing McCoy as Board President | McCoy: evidence did not show improper conduct or harm | Petitioners/Association: record shows McCoy used office for self-dealing and undermined receiver | Affirmed — trial court credibility findings and evidence of self-dealing/support for removal upheld |
| Whether trial court should have granted recusal | McCoy: receiver Gnann served as judge pro tem, creating disqualifying relationship | Respondents: recusal motion untimely and not based on that relationship; McCoy failed to timely raise it | Affirmed — motion untimely and not adequately pled; no error in denial |
| Whether trial court erred in denying motion to dismiss over pleading references to other board members | McCoy: petition misidentified other board members as respondents | Respondents: petition was against McCoy and Association; others referenced only in official capacities | Affirmed — trial court correctly found pleading clarity sufficient |
| Whether removal violated OCGA § 14-3-810 (fewer than 10% of members sought removal) / preservation | McCoy: removal improper because <10% of members sought removal (9.9%) | Respondents: argument not raised below and thus not preserved for appeal | Affirmed — claim unpreserved and not considered |
Key Cases Cited
- Danforth v. Apple Inc., 294 Ga. 890 (deference owed to trial court credibility and factual findings)
- City of Waycross v. Pierce County Bd. of Commrs., 300 Ga. 109 (purpose of interlocutory injunction is to preserve the status quo)
- GeorgiaCarry.Org, Inc. v. James, 298 Ga. 420 (motions to recuse must be filed promptly; late challenges inconsistent with fair play)
- Cohran v. Carlin, 254 Ga. 580 (failure to raise an argument in trial court forfeits appellate review)
- Williford v. Brown, 299 Ga. 15 (context on appellate jurisdictional allocation for equity cases)