Facts: The central issue in this case is the construction of a subsection in the Georgia Condominium Act which states that "No unit owner other than the association shall be exempted from any liability for any assessment under this Code section or under any condominium instrument for any reason whatsoever, including, without limitation, abandonment, nonuse, or waiver of the use or enjoyment of his unit or any part of the common elements."
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Forest Villas Condominium Association, Inc operates a condominium while Camerio and Elliot are owners of 23 of the 94 units in the Association. A civil suit was filed by the former against the latter seeking to recover the amount of $28,600 in arrearage of condominium fees, interests on the said arrearage and the other assessments for the year. Defendants denied the material allegations in the complaint of Forest Villas. Among others, they filed a counterclaim that the association failed to honor its obligations to perform maintenance and make repairs on the units owned by defendants. They alleged that because of the association’s failure to make repairs they were forced to pay for the repairs themselves. They also sought an accounting of all the monies handled by the association and a reimbursement for all the expenses they incurred due to the breach of duty committed by the association.
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