With the Fourth of July just around the corner, grilling season is officially in full swing! Before you hit the ignition switch, however, be sure to review your community rules and be aware of restrictions in your local code and Georgia law, especially if you live in a townhome or condominium.
The Players in a Community Association: The Board, The Manager and The Owners and How Their Roles Affect Community Governance
Community associations in Georgia are considered non-profit corporate entities under Georgia law. This means that the board of directors, the manager and the owners all play important roles in the governance of the association.
After a long, dreary winter, it's springtime again. Because curb appeal is at its peak, many homeowners list their homes for sale during this season. When a home is listed in a community association, the sale could have an effect on the community association.
Just like a board of directors for any corporation, directors on community association boards owe certain responsibilities to the corporate entity they serve: the association. One of the most important board responsibilities, other than ensuring the association is properly funded, is to enforce the community's covenants.
There are a number of things that Georgia community associations need to do each year, regardless of whether it is a condominium association, a homeowners association, or even a commercial owners' association.
A community association is organized as a nonprofit corporation, and just like any other corporation, it needs to follow the applicable corporate code and the directors and officers that run it have duties to the corporation. This includes keeping records to show that the directors and officers performed those duties, as well as any obligations imposed on the corporation/association by the declaration.
While an owner's love for their dog is unconditional, sometimes our friendly dogs are not so friendly to our neighbors. This can be a serious concern for community associations, especially when dogs are permitted on the common areas.
The Georgia Condominium Act, O.C.G.A. § 44-3-70, et. seq. (the "Act"), requires condominium associations to maintain property insurance policies for fire and extended coverage in an amount sufficient for full replacement costs of all buildings and structures within the condominium. This coverage applies to the buildings and structures themselves, which includes the common elements, limited common elements, and units.
It may still be in the 80s and 90s outside, but by now most pools are closed till next year. Oddly enough, however, this an ideal time for property managers and boards to revisit their community's pool rules. Think about it—in the weeks leading up to that big Memorial Day party, is the board really going to remember the specific rules it wished were in place last year? Probably not.
The foreclosure process can be a useful tool for some associations when dealing with a habitually delinquent member. Often times, the threat of foreclosure can persuade a homeowner to pay assessments when traditional collection methods have failed.