Crouch v. Bent Tree Community, Inc.

McFadden, Judge.

These cross-appeals arise from the trial court’s summary judgment rulings based on restrictive covenants and rules governing the Bent Tree Community in Jasper, Georgia. Because the trial court correctly refused to consider an affidavit that set forth mere legal conclusions and simply enforced the clear and unambiguous terms of the covenants, we affirm the trial court’s summary judgment rulings. But because a trial court may not grant attorney fees pursuant to OCGA § 13-6-11 on summary judgment, we reverse that award.

Summary judgment is proper when there is no genuine issue of…