Floyd Johnson, the owner of two residential units at the Landmark Condominiums in Atlanta, brought suit against Jo Kaplan and Jim Williams, d/b/a Kaplan-Williams Parking Lot, alleging that the defendants' reconfiguration of the parking spaces appurtenant to the condominium violated an order of the Superior Court of Fulton County entered in prior litigation and affirmed by the Supreme Court in Kaplan v. Helton, 261 Ga. 524 (407 SE2d 747) (1991)
. Johnson sought to hold the defendants in wilful contempt of the order affirmed in Helton. He also sought an injunction ordering the defendants to return the parking spaces to the prior configuration, as well as attorney fees.
Following a bench trial, the trial court ruled that the prior order did not prevent the reconfiguration and denied Johnson the relief he sought. Johnson appealed the trial court's order to the Supreme Court, but that Court found that the injunctive relief sought was ancillary to the issue of whether defendants were in contempt of the prior order. Finding no other basis for jurisdiction, the Supreme Court transferred the appeal to this Court. 1
Upon review, we conclude that the trial court erroneously interpreted the Helton order, and we reverse.
1. In 1974, the developer of the Landmark Apartments converted the units from rental apartments to condominiums. When the apartments were converted to condominiums, the developer retained ownership of the parking garage. The original declaration of condominium and subsequent declarations provided that the owner of each unit was entitled to one parking space under a revocable license. The declaration provided that the license could not be revoked, however, except upon the occurrence of one of three conditions, none of which is applicable to this case.
Since 1974, ownership of the parking facility has changed several times; defendants are the current owners. Johnson is one of several unit owners who were plaintiffs in Helton. That action arose when appellees herein, the owners of the parking facility, raised the monthly parking fees and the plaintiff unit owners sought a ruling that the increases imposed by the defendants were in violation of the declaration of condominium. In the order entered in Helton, the trial court ruled for the plaintiffs, finding increases in parking fees were limited to amounts determined by the method set forth in the declaration: multiplying the base rate originally set forth in the declaration by the published percentage increase in the Consumer Price Index.
Johnson initiated this action in 1994 when appellees reconfigured the parking lot to add additional spaces, changing the angle of the spaces and reducing the width of the existing spaces from nine feet to seven feet. He contended that the new configuration was unsafe and inconvenient, and that these changes constituted wilful contempt of the order affirmed by the Supreme Court in Helton. In lation was not wilful. Roberts v. Roberts, 206 Ga. App. 423
, 424 (2) (425 SE2d 414
) (1992). We have determined that the first two possible defenses were not meritorious in this case. Although the trial court did not address the issue of wilfulness, appellees readily admit they were aware of the contents of the order in Helton; they merely mistakenly believed that despite its clear provisions, the order allowed them to alter the parking spaces. This is insufficient to avoid a finding of wilfulness. See generally In re Smith, 211 Ga. App. 493
, 497 (4) (b) (439 SE2d 725
) (1993). The judgment of the trial court is therefore reversed with regard to contempt.
2. For the reasons discussed in Division 1, the trial Court also erred in denying Johnson's application for an injunction ordering appellees to restore the parking deck to its original configuration. This case is remanded to the trial court for entry of such an order.
3. Contrary to Johnson's contention, attorney fees are not awardable in conjunction with a citation for contempt. OCGA 15-6-8
; Eckerd Corp. v. Fayette County Bd. &c., 220 Ga. App. 454
, 456 (3) (469 SE2d 285
Louis Levenson, for appellees.