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IN THE SUPERIOR COURT OF DEKALB COUNTY
STATE OF GEORGIA
HAYNES PARK HOMEOWNERS
ASSOCIATION, INC.,
Plaintiff,
v. CIVIL ACTION
FILE NO.
PATRICIA CRAWFORD,
Defendant.
COMPLAINT
COMES NOW, Haynes Park Homeowners Association, Inc., Plaintiff in the above-styled
action, and herewith brings this action against Defendant, respectfully showing this Court as
follows:
PARTIES
1.
Plaintiff is a nonprofit corporation incorporated under the laws of the State of Georgia.
2.
Patricia Crawford is a Georgia resident, and may be served at 7673 Glade Trail, Lithonia,
Georgia 30038, Dekalb County.
JURISDICTION AND VENUE
3.
In Georgia, venue is constitutional and statutory. See Article VI § II, ¶ VI of the Georgia
Constitution (1983, as amended) and O.C.G.A. § 9-10-30.
4.
Defendant is subject to the jurisdiction of this Court, and venue is proper herein.
FACTS
5.
Plaintiff is an incorporated community association organized and operating in accordance
with and pursuant to the duly recorded Declaration of Covenants, Conditions and Restrictions for
Haynes Park Townhomes Subdivision (hereinafter the “Declaration”) and the Bylaws for Haynes
Park Homeowners Association, Inc. (hereinafter the “Bylaws”) (the Declaration and Bylaws may
hereinafter collectively be referred to as the “Governing Documents”).
6.
The Declaration is recorded in the Office of the Clerk of the Superior Court of DeKalb
County, beginning at Deed Book 19724, Page 555, et sq.
7.
Plaintiff is authorized to levy and collect assessments and other charges in accordance
with the Governing Documents.
8.
Defendant is the owner of real property located at 7673 Glade Trail, Lithonia, Georgia
30038 (hereinafter the “Subject Property”).
9.
The Subject Property is subject to the Governing Documents.
10.
Defendant is subject to all of the terms, conditions, and requirements of the Governing
Documents by virtue of Defendant's ownership of the Subject Property.
11.
Defendant is required to pay assessments to Plaintiff pursuant to the Governing
Documents.
12.
The Governing Documents additionally authorize the collection of late charges, interest
at the rate of 15% per annum, reasonable attorney’s fees actually incurred, and costs and
expenses.
PRINCIPAL AND INTEREST
13.
Plaintiff incorporates by reference all previously numbered paragraphs in this complaint
and further alleges:
14.
Defendant has failed and refused to pay assessments charges and is indebted to Plaintiff
in the principal amount to be proven in the case.
15.
Defendant is further indebted to Plaintiff for interest (at the rate of 15% per annum).
16.
In addition, Defendant is liable for assessments, late charges, and interest (at the rate of
15% per annum) that will be incurred and become due after the filing of this Complaint.
17.
Plaintiff has provided written notice to Defendant of Defendant's indebtedness, of
Plaintiff’s intention to file this action, of Plaintiff’s intention to seek attorney’s fees, costs and
expenses in this action, and of Plaintiff’s intention to accelerate future monthly assessments for
the current year in the event Defendant fails to remedy the past due balance.
18.
Additionally, in the event this litigation extends beyond the current year into any
additional year, this Complaint shall constitute notice to Defendant of Plaintiff’s intention to
accelerate assessments for each additional year in the event Defendant fails to pay the
indebtedness within the first fifteen days of such additional year.
ATTORNEY’S FEES AND COSTS
19.
Plaintiff incorporates by reference all previously numbered paragraphs in this complaint
and further alleges:
20.
In accordance with the Governing Documents, Defendant is liable for all costs of
collection, including reasonable attorney’s fees actually incurred costs and expenses.
21.
Defendant is liable for all costs of collection, including reasonable attorney’s fees
actually incurred costs and expenses in accordance with O.C.G.A. § 44-5-60(e), which provides
“To the extent provided in the covenants, the obligation for the payment of assessments and fees
arising from covenants shall include the costs of collection, including reasonable attorney’s fees
actually incurred.”
WHEREFORE, Plaintiff prays for the following relief:
(a) for a judgment against Defendant for all principal amounts due at the time
of the judgment, including assessments and late charges, and for interest
(at the rate of 15% per annum), costs and expenses;
(b) an award to the Association of its attorney’s fees incurred and expenses of
litigation in connection with this matter pursuant to the terms of the
Governing Documents and O.C.G.A. 44-5-60(e);
(c) for such other and further relief as this Court may deem just and proper.
This 13th day of February, 2023.
Respectfully submitted,
LUEDER, LARKIN & HUNTER, LLC
/s/Darrelyn S. Hughes
___________________________
Darrelyn S. Hughes
Georgia Bar No. 677442
Attorneys for Plaintiff
5900 Windward Parkway, Suite 390
Alpharetta, Georgia 30005
(770)-685-7000
dhughes@luederlaw.com // 732-1800-13
_________________
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IN THE SUPERIOR COURT OF DEKALB COUNTY STATE OF GEORGIA HAYNES PARK HOMEOWNERS ASSOCIATION, INC., Plaintiff, v. CIVIL ACTION FILE NO. PATRICIA CRAWFORD, Defendant. COMPLAINT COMES NOW, Haynes Park Homeowners Association, Inc., Plaintiff in the above-styled action, and herewith brings this action against Defendant, respectfully showing this Court as follows: PARTIES 1. Plaintiff is a nonprofit corporation incorporated under the laws of the State of Georgia. 2. Patricia Crawford is a Georgia resident, and may be served at 7673 Glade Trail, Lithonia, Georgia 30038, Dekalb County. JURISDICTION AND VENUE 3. In Georgia, venue is constitutional and statutory. See Article VI § II, ¶ VI of the Georgia Constitution (1983, as amended) and O.C.G.A. § 9-10-30. 4. Defendant is subject to the jurisdiction of this Court, and venue is proper herein. FACTS 5. Plaintiff is an incorporated community association organized and operating in accordance with and pursuant to the duly recorded Declaration of Covenants, Conditions and Restrictions for Haynes Park Townhomes Subdivision (hereinafter the “Declaration”) and the Bylaws for Haynes Park Homeowners Association, Inc. (hereinafter the “Bylaws”) (the Declaration and Bylaws may hereinafter collectively be referred to as the “Governing Documents”). 6. The Declaration is recorded in the Office of the Clerk of the Superior Court of DeKalb County, beginning at Deed Book 19724, Page 555, et sq. 7. Plaintiff is authorized to levy and collect assessments and other charges in accordance with the Governing Documents. 8. Defendant is the owner of real property located at 7673 Glade Trail, Lithonia, Georgia 30038 (hereinafter the “Subject Property”). 9. The Subject Property is subject to the Governing Documents. 10. Defendant is subject to all of the terms, conditions, and requirements of the Governing Documents by virtue of Defendant's ownership of the Subject Property. 11. Defendant is required to pay assessments to Plaintiff pursuant to the Governing Documents. 12. The Governing Documents additionally authorize the collection of late charges, interest at the rate of 15% per annum, reasonable attorney’s fees actually incurred, and costs and expenses. PRINCIPAL AND INTEREST 13. Plaintiff incorporates by reference all previously numbered paragraphs in this complaint and further alleges: 14. Defendant has failed and refused to pay assessments charges and is indebted to Plaintiff in the principal amount to be proven in the case. 15. Defendant is further indebted to Plaintiff for interest (at the rate of 15% per annum). 16. In addition, Defendant is liable for assessments, late charges, and interest (at the rate of 15% per annum) that will be incurred and become due after the filing of this Complaint. 17. Plaintiff has provided written notice to Defendant of Defendant's indebtedness, of Plaintiff’s intention to file this action, of Plaintiff’s intention to seek attorney’s fees, costs and expenses in this action, and of Plaintiff’s intention to accelerate future monthly assessments for the current year in the event Defendant fails to remedy the past due balance. 18. Additionally, in the event this litigation extends beyond the current year into any additional year, this Complaint shall constitute notice to Defendant of Plaintiff’s intention to accelerate assessments for each additional year in the event Defendant fails to pay the indebtedness within the first fifteen days of such additional year. ATTORNEY’S FEES AND COSTS 19. Plaintiff incorporates by reference all previously numbered paragraphs in this complaint and further alleges: 20. In accordance with the Governing Documents, Defendant is liable for all costs of collection, including reasonable attorney’s fees actually incurred costs and expenses. 21. Defendant is liable for all costs of collection, including reasonable attorney’s fees actually incurred costs and expenses in accordance with O.C.G.A. § 44-5-60(e), which provides “To the extent provided in the covenants, the obligation for the payment of assessments and fees arising from covenants shall include the costs of collection, including reasonable attorney’s fees actually incurred.” WHEREFORE, Plaintiff prays for the following relief: (a) for a judgment against Defendant for all principal amounts due at the time of the judgment, including assessments and late charges, and for interest (at the rate of 15% per annum), costs and expenses; (b) an award to the Association of its attorney’s fees incurred and expenses of litigation in connection with this matter pursuant to the terms of the Governing Documents and O.C.G.A. 44-5-60(e); (c) for such other and further relief as this Court may deem just and proper. This 13th day of February, 2023. Respectfully submitted, LUEDER, LARKIN & HUNTER, LLC /s/Darrelyn S. Hughes ___________________________ Darrelyn S. Hughes Georgia Bar No. 677442 Attorneys for Plaintiff 5900 Windward Parkway, Suite 390 Alpharetta, Georgia 30005 (770)-685-7000 dhughes@luederlaw.com // 732-1800-13 _________________