U.S. Supreme Court Strikes Down CDC Eviction Moratorium

On September 4, 2020, the Centers for Disease Control and Prevention (“CDC”) issued a Federal Agency Order entitled Temporary Halt in Residential Evictions to Prevent the Further Spread of COVID-19 (“CDC Order”). As the name suggests, the primary purpose of the CDC Order was to prevent landlords from evicting certain qualified tenants during the COVID-19 pandemic. The CDC Order was originally set to expire on December 31, 2020, but it was extended multiple times as the threat from COVID-19 lingered on.

2021-09-02T15:52:12-04:00August 2021|

Educating New Homeowners About Architectural Control in Community Associations

The current real estate market has introduced a new wave of homeowners into community associations. Unfortunately, however, new faces usually result in familiar problems. One of the most common issues associated with new homeowners is unapproved modifications. One of the underlying functions of any community association is to preserve the neighborhood’s semblance of uniformity.

2021-09-02T15:41:49-04:00July 2021|

Protecting Community Assets

Four years ago, we published two separate blog articles on funding reserves and preparing for disaster (i.e., related to insurance claims). Although these general issues are always relevant for community associations with common property, they have unfortunately been thrown into the international spotlight within the last week.

2021-09-02T15:55:47-04:00June 2021|

Pool Season 2.021

Even though COVID-19 is still around, many Georgia community associations are deciding to open their pools on time this swim season. This is consistent with a national CAI poll that revealed only 2% of surveyed members were going to keep their pools closed this year—compared to 44% at the same time last year.

2021-06-11T13:32:21-04:00May 2021|

Handling a Housing Discrimination Complaint

The Federal Fair Housing Act makes it illegal for housing providers, which includes community associations, to discriminate on the basis of race, color, religion, national origin, sex, familial status, or disability. This is enforced by the U.S. Department of Housing and Urban Development (“HUD”). So, if one believes their rights have been violated by their community association (i.e., through the board of directors or property manager), he/she can file a complaint with HUD after the alleged violation.

2021-05-03T12:52:50-04:00April 2021|

Best Practices for “Lame Duck” Directors

A lame duck is a political term for an elected official whose successor has already been elected or will be soon. In the context of a community association, a “lame duck” could be a director whose time on the board is coming to an end. The issue that sometimes arises is that these individuals make last-minute decisions that should probably be left for those next in line. Accordingly, the purpose of this article is to offer some best practices for outgoing directors that, for whatever the reason, will not be seeking reelection to the board.

2021-03-22T14:00:07-04:00February 2021|

Filming Checklist for Community Associations

Georgia is becoming a popular destination to film movies, television shows, commercials, and other visual media content. As a result, boards and property managers are seeing an increase in demand for their communities to be used as filming locations.

2021-02-03T16:43:33-05:00January 2021|

Georgia Community Associations and Restrictions on Political Signs

On January 5, 2021, all eyes will turn to Georgia voters as they determine which political party will control the U.S. Senate in two separate runoff elections. This means that, in addition to the abundance of holiday decorations, many homeowners will also pepper their yards with political signs to support their candidates. For those living in a Georgia community association, it is important to understand that your First Amendment right to free speech does not trump—no pun intended—the association’s right to impose reasonable restrictions on political signs.

2021-01-04T10:00:59-05:00November 2020|
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