Many homeowners who contact our firm have expectations or assumptions that are inconsistent with how we assist with HOA concerns. For instance, a common perspective is “I just want to know if I have a case,” and this is often coupled with the desire for a quick response before entering into a fee agreement with the firm. In such an instance, a person may feel that the firm should be paid only for services rendered after taking on what is considered “a good case” — one in which homeowner is “likely to win.”   Read the article…………………………….

A homeowner in St. Charles Homeowners Association, which was submitted to the Property Owners Association Act (POAA), began building an above- ground pool on their property. However, the HOA’s declaration prohibited above ground pools and required any in-ground pools to be made of a specific material. The homeowner did not seek approval from the board to build the pool and ignored violation letters warning of the imposition of fines.    Read the article…………………………….

We have had several conversations with our community manager and others suggesting we change from an HOA to a POA. What is the process? What are the benefits and disadvantages?    Read the Q&A………………………………..

A member of Fordune Association expressed her concern to the Board that a home was being constructed within the HOA neighborhood that did not conform to the architectural requirements laid out in the Association’s governing documents. The Board chose not to enforce the restrictions on the developing home without any discretionary authority to do so given to it within the governing documents.     Read the article…………………………….

An important process guaranteeing the quality, dependability, and conformity of financial data is auditing financial statements. Whether your position is that of an auditor, a company owner, or a stakeholder, knowing how to conduct a financial audit helps you maintain openness and make wise judgments. This guide will walk you methodically through the procedure.   Read the article…………………………….

The Lexington Place Condominium Association Board (the “Association”) removed an existing dog park and wallyball court from the community without a vote of the owners. The Board also created a new rule restricting pet ownership in the Association without a vote of the owners. The owners thought this violated their rights and the Association thought it had the right to remove the dog park and wallyball court according to their Association’s governing documents.   Read the article…………………………….

Homeowners associations (HOAs) establish concrete rules and expectations for owners who live in the community.  While owners don’t always agree with all of the rules, most can appreciate that they help to maintain property values (which means homes can be sold for a higher price). When creating or amending bylaws and rules, HOAs rightfully turn to state and municipal laws first to ensure the association’s rules don’t contradict existing laws.    Read the article…………………………….

With over 63% of adults in the U.S. having a Facebook account, you might be wondering if your community association should have one too. Many are viewing it as a cool upgrade to the old bulletin board in the clubhouse, giving residents a spot to chat and share with a wider audience. But here’s the catch: while social media brings people together, it can also bring legal headaches for these associations. To better protect the association and its members, it is important to implement a solid social media policy.    Read the article…………………………….

The Corporate Transparency Act (the “CTA”) that was enacted by Congress in 2021 went into effect at the start of this year. While the CTA was implemented to combat the use of shell corporations, LLCs, partnerships, and other entities to facilitate terrorist funding, corruption, tax fraud, and other illicit activities, it also applies to HOAs and condominium associations.   Read the article…………………………….

The easiest, quickest, and least painful way to collect money is through a settlement agreement with the owner. In a settlement agreement, the association and the owner reach a mutually agreeable arrangement to pay the debt. This may include waiving some amounts or accepting payments over time.   Read the article…………………………….

Elections are pivotal moments that can shape the course of a community’s governance. However, occasionally, the smooth flow of this democratic process may encounter turbulence if the incumbent board refuses to acknowledge the outcome. Such scenarios can leave homeowners feeling disenfranchised and uncertain about the future of their community. So, what should one do when faced with the challenging situation of an HOA board denying election results?   Read the article…………………………….

Condominium regulations in Georgia are outlined in the Georgia Code. Section 44-3-107 specifically addresses insurance coverage requirements for condominiums. Broadly speaking, condominium unit owners are not obligated by statute to maintain insurance, but condominium associations are. Per the Code, condominium associations in Georgia must have casualty insurance policies and liability insurance policies.     Read the article…………………………….

Under either definition, a Condominium is a property with multiple units, each individually owned, sharing the “common elements” which are all the portions of the condominium other than the individual units.  So how does this effect how insurance claims are handled? This brings us to the Law in the state of Georgia called the Georgia Condominium Act which I will shorten for this article to the “Condo Act”.    Read the article…………………………….

There is a nationwide home insurance crisis with condominiums being especially affected. Over the two years, property insurance companies have been trying to navigate steep losses due to inflation, increased insurance construction costs, and catastrophic events such as hurricanes, flooding, and wildfires. Insurers have raised premiums, cancelled policies, refused to renew others and others have stopped writing coverage.    Read the article…………………………….

There is perhaps no task more vexing for a Board of Directors than enforcing the Association’s rules and covenants. Done improperly, covenant enforcement actions can be tiresome, ineffective, and expensive. Incorporating these fundamental principles, the enforcement ABCs, can ensure that your Association is able to navigate this process with ease.   Read the article…………………………….

On April 23, 2024, Georgia’s Governor Brian Kemp signed House Bill 220 into law, marking a significant shift in how community associations, including condominium and homeowners associations, can handle violations of their covenants    Read the article…………………………….

Community associations cannot accomplish all the tasks they are responsible for without getting outside professionals to help maintain and service their assets. With every agreement to provide a service or to supply materials comes HOA contracts.   Read the article…………………………….

Many board members and homeowners have questions about their HOA collection policy and how their HOA enforces the policy. We’ve asked our experienced HOA collection attorney team to provide the top questions they hear from association board members to help you better manage your community:   Read the article…………………………….

The Corporate Transparency Act (the “CTA”) that was enacted by Congress in 2021 will go into effect at the start of 2024. While the Corporate Transparency Act was implemented to combat the use of shell corporations, LLC’s, partnerships, and other entities to facilitate terrorist funding, corruption, tax fraud, and other illicit activities, it will also likely apply to HOA and condominium associations.   Read the article……………………………….

The Georgia Property Owners’ Association Act (POAA) is a Georgia statute that provides for rights and authority that a homeowners’ association (HOA) can elect to be governed by in addition to its community-specific governing documents. The POAA was enacted to provide HOAs with powers and procedures, similar to the Georgia Condominium Act that governs condominium associations in Georgia.     Read the article………………………………..

An election for the Flagship Wharf Condominium Association’s board was upcoming. Members were told they could vote in person at the meeting, by directed proxy, or electronically through a unique link sent to each Unit. One of the candidates asked the board to amend the association’s Bylaws to explicitly allow for members to vote electronically prior to the election, but the board declined to do so. That candidate lost the election and sued alleging the vote was void because electronic voting was used.    Read the article……………………………..

Odds are that people in the market for a new home in the Golden Isles will buy one in a neighborhood with a homeowner’s association.  Realtor Missy Neu, chief operating officer for Berkshire Hathaway HomeServices Hodnett Cooper Real Estate, said the majority of newly developed neighborhoods have homeowners’ associations, while some of the older ones don’t.  Read the article………………………..

As pool season quickly approaches, HOAs and condominiums should follow this simple checklist in preparation to open for the season.   Read the article………………………..

Litigation is a common way to resolve disputes, but is a legal action neither party wants to have to take. Litigation against homeowners’ associations (“HOAs”) and condominium associations most frequently filed by association members. Each lawsuit is unique but can often be categorized as one of the six most common types of HOA litigation filed against an association.    Read the article………………………..

How can an HOA tell me what to do? HOAs and condo associations are created when the property and community are first being developed. Before the developer sells the first property, documents are recorded with the local city or county creating obligations that attach to the property itself such that they are binding on anyone………….Read the article………………………..

Conducting an audit is an excellent way to confirm the financial health of your community. An audit can also highlight areas of financial risk, such as budget issues, reporting mistakes, or even fraud. Whether highlighted in covenants, required by statutes, or driven by proactive financial management procedures, most associations start thinking about their audits in the 4th quarter.   Read the article………………………..

Although snow and freezing temperatures are often anticipated events in Atlanta, for many community association managers, winter is something to dread. With winter comes freezing temperatures and frozen pipes, and, invariably, pipe bursts and failures, and water leaks.   Read the article………………………..

The invasion of institutional investors has led to practical problems for communities outside of the expected compliance issues. For example, who will run for director positions for the board association or assume committee positions without homeowner volunteers? Will the annual meetings reach quorum? Overall, how does the surge of renters impact the character of the community? These associations struggle to preserve the owner-occupied character of a residential community without neighbors who intend to plant roots, foster a sense of community, and stay.  Read the article………………………..

Conducting an audit is an excellent way to confirm the financial health of your community. An audit can also highlight areas of financial risk, such as budget issues, reporting mistakes, or even fraud. Whether highlighted in covenants, required by statutes, or driven by proactive financial management procedures, most associations start thinking about their audits in the 4th quarter.   Read the article………………………..

The Board of Directors of Forest Lakes Master Association sought to amend the HOA voting procedures set forth in the Association’s Declaration. The Board requested all members vote in person or by proxy at the meeting they called to consider the amendment. With concern that they would not get full participation, the Board also announced that if they did not get enough votes at the meeting, they would go door-to-door for 30 days following the meeting to get the required two-third’s vote to approve the amendment.   Read the article………………………..

A deep, gravelly voice blares through an old television set, “Citizens of Georgia, do you know what your association’s declaration is doing in the quiet of the night? It may be the superhero you wish for loaded with a host of collection powers ready to save your community’s floundering financial reserves. Alternatively, it may be the supervillain you dread attempting to foil collection attempts against those pesky delinquent owners. Only a closer look will tell. Stay tuned tonight with channel eight’s favorite community association news team, Diane and Bob!”   Read the article………………………..

As a homeowner’s association board member, it’s important to know where your association stands when it comes to tree disputes. Some common questions are on rights of trimming trees between neighbors property lines, as well as communication between neighbors on how to remove overgrown landscaping and trees. Here’s one question we’ve received in the past that covers so many of these concerns:   Read the article………………………..

It’s important to note any HOA gardening rules and guidelines in your community whether you would consider yourself to have a green thumb or are just looking to pick up a new hobby. Any landscaping you do to common property may require board approval, despite how beautiful you may believe it to be, because of maintenance, aesthetic, and expense concerns.   Read the article………………………

As the temperature rises, so does the importance of understanding your HOA’s swimming pool rules and regulations before making a splash! Homeowners often have questions regarding who can enforce swimming pool rules, how to change any rules they dislike, guest fees for visiting grandchildren or friends, and the ability to teach swim lessons in your community swimming pool.   Read the article………………

While the regulation is not brand new (it has been in effect since 1999), it is becoming more known because structural fires caused by “grills” are at an all-time high. As a result, virtually every state’s fire code now regulates cooking over an open flame. The Rules and Regulations for the State Minimum Fire Safety Standards for the State of Georgia  Read the article………………………….

As a property manager or community association board member, sometimes it’s tough to remember that associations are businesses. Some of them are pretty large, with hundreds of thousands of dollars in dues collected and expenses paid each year. That requires regular, proactive monitoring to ensure that issues, like mistakes or variances, are quickly identified and addressed. In rarer situations, this oversight can uncover theft or fraud.    Read the entire article……………………………….

The 2022 legislative session has ended in Georgia. Here are a few state and federal legislative items impacting, or potentially impacting, community associations:   Read the entire article……………………………….

Court reverses denial of Homeowners Association’s motion for summary judgment on injured resident’s claims for premises liability, nuisance, and punitive damages   Read the decision (PDF)…………………………………….

Countries around the world gather biennially for what could be considered the greatest cultural experiment of our time: the summer and winter Olympics. An exhilarating juxtaposition of unwavering nationalism and profound respect for athletes from a melting pot of cultures and ethnicities – all competing for the gold.  This event presents a lesson for all of us in community association management: the importance of recognizing the enormous benefit of embracing diversity and recognizing the different cultures that exist within our communities. Having that mindset within our boards, homeowners and management teams is crucial to creating a more inclusive community.    Read the entire article……………………………….

Setting up an HOA collections process is one of the most important things a Board needs to do to maintain financial responsibility of the community association. While we always hope everyone will just pay homeowner’s association dues, you need to know what to do if someone can’t or won’t pay their dues.   Read the entire article……………………………….

Delinquent homeowners association fees are a reality that most associations have to manage. While it can be a hassle, the HOA usually has several available options to collect, including recording liens against the property, filing suit and obtaining a judgment against the homeowners, and, in some cases, foreclosing on the property.   Read the entire article……………………………….

The Georgia Property Owners’ Association Act (“POA”) was adopted in 1994 to expand the powers of homeowner associations. Communities are not automatically submitted to the POA. Instead, either the developer/declarant must elect to submit the community to the POA, or the members must amend the declaration to submit their community to the POA. Most developers do not submit the community to the POA for a variety of reasons, so most communities are submitted to the POA through an amendment to their existing declaration. Some of the benefits of the POA are provided below:   Read the entire article……………………………….

As a board member, you have many responsibilities including HOA fees and collections. There are a number of questions we hear from our clients on collections and we even represent them in court to help guide them through the process.   Read the entire article……………………………….

Delinquent homeowners association fees are a reality that most associations have to manage. While it can be a hassle, the HOA usually has several available options to collect, including recording liens against the property, filing suit and obtaining a judgment against the homeowners, and, in some cases, foreclosing on the property.   Read the entire article……………………………….

Differences of opinion are bound to happen when boards try to govern their property, even within the best community associations. When it comes to major community management decisions, in particular unpopular ones like increasing HOA dues, tempers often flair among residents and board members alike.   Read the entire article……………………………….

It’s no secret that with home ownership comes many responsibilities, including landscaping, repairs and upkeep that some people are either unwilling or unable to do.  For people looking to move into a living space with fewer challenges and responsibilities, a condominium may be the answer. Condominiums come in many sizes, and many have square footage equal to that of a single-family dwelling.    Read the entire article……………………………….

Homeowners often look to their community association for help with resolving a dispute with a neighbor. But if the issue involves a party wall or fence (i.e., with no common property in between), there may not be much the association can do. The first step—as in most cases—is to see what the association’s governing documents provide. Hopefully there is language that offers some guidance or, at the very least, confirms that the association should not get involved.   Read the entire article……………………………….

All over Georgia, new “volunteers” are preparing to take their seats on an HOA or community association board of directions. Most boards have some, if not a majority, or seats turn over each year, with new board members voted in at annual association meetings.  Read the entire article……………………………….

Homeowners aggrieved by their homeowners associations (HOAs) often quickly notice when the Board of Directors of the HOA fails to follow its own rules, or otherwise conducts business in manner that appears inconsistent with the Board’s policies and procedures.   Read the entire article……………………………….

There are few events as calamitous as water damage to a home. Jesse Mainor, a condominium unit owner, experienced condominium unit water damage twice in short order. In his case, the source of the leak was another unit’s hot water heater which subsequently leaked into his ceiling, causing damages into the five figures.       Read the entire article……………………………….