Kennedy Development Co. v. Camp

HUNSTEIN, Chief Justice.

We granted certiorari to examine whether the “anti-indemnity” statute found at OCGA § 13-8-2 (b) applies to invalidate an indemnification clause within an assignment and assumption agreement transferring responsibility for the management and operation of a newly developed subdivision to its homeowners’ association. See Newton’s Crest Homeowners’ Assn. v. Camp, 306 Ga. App. 207 (702 SE2d 41) (2010). We now hold that OCGA § 13-8-2 (b) does apply to the assignment and assumption agreement, and, therefore, we affirm.

The undisputed evidence establishes that appellees…