Kingsmill Village Condominium Ass'n v. Homebanc Federal Savings Bank

Birdsong, Presiding Judge.

Appellee Homebanc Federal Savings Bank (Homebanc) filed a motion to dismiss plaintiff’s complaint, pursuant to OCGA § 9-11-12 (b) (6), for failure to state a claim upon which relief could be granted. Appellant/plaintiff Kingsmill Village Condominium Association (Kingsmill) appeals the order of the trial court granting the motion and dismissing its complaint. The trial court concluded that plaintiff’s complaint, averring a quantum meruit claim for unjust enrichment under the provisions of OCGA § 9-2-7, was preempted by the provisions of OCGA § 44-3-80 precluding…