Results

Julie is pleased to share just a few of her clients' successes in Georgia disputes.

Condominium Association Precluded from Charging Litigation Defense Costs to Unit Owner Under "Common Expense" Provision of Declaration

Atlanta condominium unit owners filed suit against a condominium association in connection with mold damage in their unit. The association charged the unit owners with the association’s litigation fees and expenses, as an assessment under the “common expense” provision of the declaration of covenants. That provision stated, in essence, that any common expenses caused by the conduct of a unit owner could be charged to the unit owner. However, using this provision to charge litigation defense costs was unprecedented. Julie argued on behalf of the unit owners that the association was not entitled to use that provision to charge the its litigation expenses to the unit owners. She prevailed on behalf of her clients, and the Georgia Court of Appeals affirmed the decision in this recent published opinion: City Heights Condominium Association, Inc. v. Bombara, et al, A16A0464 (June 30, 2016).

Georgia Court of Appeals Victories for Atlanta Homeowners in Dispute with Homeowners Association

Atlanta area homeowners were sued by their homeowners association concerning a restrictive covenant prohibiting them from using their garage for storage. Julie successfully argued on appeal that, because the association did not achieve 2/3 of the vote of the community when adopting the restriction, it could not enforce the restriction against homeowners who did not vote in favor of the restriction or consent to it in writing. Upon a second appeal, Julie prevailed in a dispute over attorney fees owed to the homeowners. Both appeals resulted in published opinions by the Georgia Court of Appeals. Marino v. Clary Lakes Homeowners Association, Inc., 322 Ga. App. 839 (2013); Marino v. Clary Lakes Homeowners Association, Inc., 331 Ga. App. 204, 770 SE2d 289 (2015).

Precedent Established in Georgia Court of Appeals: Utilities are a Part of a Condominium Association's Assessments

Julie successfully represented a condominium association in a suit to recover unpaid condominium assessments, including utility charges. Upon the condominium owner’s appeal, she attained affirmance of the trial court’s order on behalf of the association, establishing precedent that utilities are part of a condominium’s assessments. Ellington v. Gallery Condominium Association, Inc., 313 Ga. App. 424 (2011).

Defense of Atlanta Area Credit Union Against Mortgage Fraud Allegations by National Mortgage Company

Julie successfully defended in federal court an Atlanta area credit union against allegations of mortgage fraud by a major national mortgage company; achieved a summary judgment in favor of credit union, followed by plaintiff’s dismissal of the remainder of the case and voluntary payment of the credit union’s attorney fees.

Summary Judgment for Organization in Real Estate Financing Misappropriation / Fraud Suit

Julie obtained summary judgment on behalf of a Florida based entity against a director who claimed misappropriation and fraud in pledging of stock for multi-million dollar real estate financing project.

Voluntary Dismissal in Favor of Employee in Case Alleging Breach of Non-Solicitation Agreement

Julie successfully defended an alleged breach of a non-solicitation employment agreement on behalf of an employee concerning a Fortune 500, multi-million dollar account, and achieved a voluntary dismissal of the claims by the employer.

Attorney Fees for Homeowner in HOA Dispute

Julie obtained a voluntary settlement payment of attorney fees in excess of $100,000 owed to homeowners in dispute with their HOA.

Mold Damage/Fraud Claim Against Seller of Residential Property Resolved Favorably

Representing the seller of a residential property, Julie successfully resolved alleged mold damage claim for actual repair costs, following week-long trial of alleged fraud concerning mold at the property; jury returned a verdict finding no punitive damages or bad faith by seller and no attorney fee award to plaintiffs.

Defense of Condominium Owner in Attorney Fee Dispute Condominium Association

Julie successfully defended trial of condominium owner where Condominium Association claimed a right to attorney fees as a counterclaim plaintiff with no substantive claims against owner.

Success in Numerous Georgia Homeowner Association Disputes

Julie has successfully resolved numerous homeowner association disputes concerning covenant violations, alleged nonpayment of assessments, voting rights, property repair issues, and more.

The outcomes described on this website accurately represent selected matters handled by Julie Liberman and/or Julie A. Liberman, LLC. The success of any lawsuit or settlement depends on the unique circumstances of each case. Julie A. Liberman, LLC cannot guarantee future results based on past successes achieved for clients.

Litigation Services

Commercial

Advice and advocacy in a wide range of business disputes.

Community Associations

Representation in community association / condo association / HOA disputes.

Employment

Counsel on compliance and disputes concerning all aspects of employment.

Non-Compete Covenants

Advocacy in disputes over enforcement of restrictive employment covenants.

Real Estate

Counsel for individuals and businesses in real estate disputes.

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