Villages of Cascade Homeowners Association, Inc. v. Herbert Edwards
A21A1336
| Ga. Ct. App. | Mar 15, 2022Background
- The Villages of Cascade Homeowners Association (VCHOA) managed common areas (private roads, parking, entrance/exit gates) and contracted Community Management Associates (CMA) for day-to-day management; covenants did not impose a general duty to provide security.
- Residents reported the exit gate was broken on September 10, 2015; VCHOA/CMA forwarded repairs to a gate technician, received a repair quote and approval on September 12, and completed refabrication and repair about eleven days after the report.
- On September 14, 2015, Herbert Edwards was robbed and shot in the hand by two assailants who fled through the broken exit gate.
- Edwards sued VCHOA and CMA for negligence, negligence per se, nuisance, premises liability, and punitive damages; Edwards later abandoned several claims.
- The trial court granted summary judgment to CMA and granted VCHOA summary judgment on negligence per se but denied VCHOA summary judgment on premises liability, nuisance, and punitive damages; VCHOA obtained interlocutory appellate review.
- The Court of Appeals reversed: holding VCHOA acted reasonably under ordinary-care standards, no triable nuisance claim, and punitive damages were derivative and therefore unavailable.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Premises liability (OCGA § 51-3-1) | V. failed to provide adequate security/repair fast enough; breach caused Edwards's injury | V. promptly initiated and completed gate repairs; covenants limited duties to physical maintenance; ordinary care satisfied, not an insurer | Reversed trial court; summary judgment for VCHOA — no breach or proximate causation shown |
| Nuisance | Repeated crimes and lack of security created a continuous dangerous condition | V. did not create/maintain ongoing nuisance; no duty to provide security beyond maintenance; residents took other security measures | Reversed; no triable nuisance claim against VCHOA |
| Punitive damages | Sought based on alleged misconduct underlying tort claims | Punitive damages are derivative of compensatory claims and require an underlying liability finding | Reversed; punitive damages unavailable because underlying claims fail |
Key Cases Cited
- Lau’s Corp. v. Haskins, 261 Ga. 491 (1991) (summary judgment appropriate where undisputed facts foreclose reasonable dispute)
- George v. Hercules Real Estate Svcs., 339 Ga. App. 843 (2016) (speculation about enhanced security preventing crime insufficient to create a fact issue)
- Walker v. Aderhold Properties, 303 Ga. App. 710 (2010) (plaintiff must do more than speculate that enhanced security would have prevented the attack)
- Bradford Square Condo. Assn. v. Miller, 258 Ga. App. 240 (2002) (HOA not responsible for alleged nuisance caused by lack of security when covenants do not impose such duty)
- Demere Landing Condo. Owners Assn. v. Matthews, 315 Ga. App. 464 (2012) (condominium instruments define private law duties of the association)