Mason v. Chateau Communities, Inc.

633 S.E.2d 426, 280 Ga. App. 106, 2006 Fulton County D. Rep. 2118, 2006 Ga. App. LEXIS 765
CourtCourt of Appeals of Georgia
DecidedJune 23, 2006
DocketA06A0108
StatusPublished
Cited by14 cases

This text of 633 S.E.2d 426 (Mason v. Chateau Communities, Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Mason v. Chateau Communities, Inc., 633 S.E.2d 426, 280 Ga. App. 106, 2006 Fulton County D. Rep. 2118, 2006 Ga. App. LEXIS 765 (Ga. Ct. App. 2006).

Opinions

Barnes, Judge.

Helen Marie Mason rented land in Smokecreek Community from Chateau Communities, Inc., upon which she lived in a mobile home that she owned. She sued Chateau for premises liability damages resulting from a rape, asserting that the landlord breached its duty of care to keep the premises safe from reasonably foreseeable unlawful acts. She also sued her attacker, Terry Lee Goolsby, for battery and punitive damages. Chateau answered, denying liability, and moved for summary judgment following discovery. The trial court granted summary judgment to both Chateau and Goolsby, and Mason appeals. For the reasons that follow, we reverse.

1. Mason argues that the trial court erred in granting summary judgment to Goolsby, who had no motion pending before the court. Chateau agrees that the trial court erred in that regard. Although the trial court subsequently amended its summary judgment order to delete reference to Goolsby, the court was without jurisdiction to do so at the time because Mason’s appeal was pending in this court. Dalton American Truck Stop v. ADBE Distrib. Co., 146 Ga. App. 8, 11 (4) (245 SE2d 346) (1978). Thus we reverse that portion of the original order granting summary judgment to Goolsby.

2. After reviewing the record and the law, the trial court held that

there are no disputes as to genuine issues of material fact on the issue of Defendants’ duty to provide security to Plaintiff. As the evidence is undisputed that Defendants were not required to provide security for the tenants of Chateau Communities, Inc., and therefore, no act of Defendants caused or contributed to any damage to Plaintiff, summary judgment in favor of Defendant Chateau Communities, Inc. ... is therefore granted.

The standards applicable to motions for summary judgment are announced in Lau’s Corp. v. Haskins, 261 Ga. 491 (405 SE2d 474) (1991). When ruling on a motion for summary judgment, a court must give the opposing party the benefit of all reasonable doubt, and the evidence and all inferences and conclusions therefrom must be [107]*107construed most favorably toward the party opposing the motion. Moore v. Goldome Credit Corp., 187 Ga. App. 594, 595-596 (370 SE2d 843) (1988). The trial court cannot, however, resolve the facts or reconcile the issues. Fletcher v. Amax, Inc., 160 Ga. App. 692, 695 (288 SE2d 49) (1981). When reviewing the grant or denial of a motion for summary judgment, this court conducts a de novo review of the law and the evidence. Desai v. Silver Dollar City, 229 Ga. App. 160, 163 (1) (493 SE2d 540) (1997).

Viewed in this light, the evidence shows that Chateau Communities, Inc. is the property manager for the Smokecreek Community, which is owned by CWS, Inc. Approximately 264 mobile homes are located in Smokecreek, and the residents own the homes and rent the lots. Homeowners are not allowed to rent out their homes, and guests may stay only 15 days consecutively and 30 days total in a year; if they stay longer, they must apply for permission and receive approval to become a resident. Long-term guests must be registered with the office, and the “management reserves the right to terminate the Tenancy At Will of any Resident whose guest(s) do not comply with these covenants.” Management also reserves the right to terminate the tenancy of a resident for any violations of the covenants or misstatements in the residency application. Before anyone is allowed to buy a mobile home in Smokecreek, they must sign permission for credit and criminal background checks, prove they have made timely rental or mortgage payments for the previous 24 consecutive months, prove they have a minimum of two years’ employment history in the same field earning at least a minimum established amount, and all residents must obtain the Chateau community director’s approval before buying their home. Residents agree to abide by particular rules and by the community covenants.

The community covenants control numerous aspects of the residents’ lives, by, for example, forbidding residents to erect fences except those approved “in writing by the Community Director”; own dogs over a certain size or of certain breeds; install a doghouse outside; hang laundry or store tools, toys, or lawn care equipment so that they are visible outside; perform anything but minor repairs on motor vehicles; or acquire swing sets, trampolines, pools, or basketball goals. The speed limit inside the community is 15 mph and street parking is not allowed. The covenants further provide that

[a] 11 dangerous instruments, including but not limited to, guns, BB guns, paint guns, air guns, as well as sling shots, bows and arrows, and other dangerous instruments are not permitted in the Community. Throwing dangerous instruments including, but not limited to rocks, knives, eggs, sticks, and any other items is strictly forbidden.

[108]*108Community management reserved the right of entry to the resident’s home “for purposes of [,] including, but not limited to,... protection of the Community, inspection of the home site and buildings, and, at all reasonable times, for maintenance of the home site.” Management also reserved the right of access “only to prevent imminent danger to the occupant or the manufactured home.”

A former senior regional manager for Chateau confirmed that the community covenants state that “[a]ll reasonable means have been taken to insure that your residency is pleasant and enjoyable.” If a neighbor told a manager or the manager himself, who lived on the premises, saw that someone was living in the community who was not approved, management would ask them to fill out an application. A letter from the company president included in the employees’ safety manual states that “Chateau Communities, Inc. is committed to the safety of its employees, residents, and guests.” The manual states that “[sjafety is one of the highest priorities at Chateau Communities,” and company policy provides that the community manager must complete an incident report and send it to risk management each time an incident or accident occurs. Some communities have security guards, and the decision to have one was made by the regional manager and division president based on their review of current and previous criminal activity on the property. Security guard pay comes from the community budget, and the company rewarded managers for keeping their operating expenses below budget.

Mason bought her mobile home from Chateau in August 2002, and rented the lot on which the mobile home was located. She lived there with her two children, who were eleven and twelve at the time. The manager told her it was the safest place to live, that mostly single women, children, and elderly people lived there, and that this was a safe environment for children. She asked about security, and the manager responded that the community was secure. Mason was concerned about safety because trailer parks are “usually considered not the best place,” but the manager told her there were no problems. Her street had one streetlight, and the area was “pretty dark,” although another light was added after her attack. She thought that more lighting might have made the community safer.

The evidence shows that Mason’s rape was preceded by an assault and another rape in the community by the same man. The first victim, S. P., reported to the community manager in early September 2002 that she woke up one night to find a man standing in her bedroom. He grabbed her breast and then left.

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Mason v. Chateau Communities, Inc.
633 S.E.2d 426 (Court of Appeals of Georgia, 2006)

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Bluebook (online)
633 S.E.2d 426, 280 Ga. App. 106, 2006 Fulton County D. Rep. 2118, 2006 Ga. App. LEXIS 765, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mason-v-chateau-communities-inc-gactapp-2006.