Heard v. Whitehall Forest East Homeowners Ass'n

Judge Harold R. Banke.

Whitehall Forest East Homeowners Association, Inc. (‘Whitehall”) sued property owner, Gladys A. Heard, for past due condominium assessments. Heard moved for partial summary judgment asserting that a portion of Whitehall’s claim was untimely. The trial court denied her motion and granted summary judgment to Whitehall. Heard appeals.

Whitehall’s action “for money owed and foreclosure of lien” was based on a Declaration of Record created in accordance with the Apartment Ownership Act of 1963, Ga. Code Ann. Ch. 85-16b et seq., which the developer recorded in April 1972.…