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. However, one of the more important tasks is commonly overlooked. Every year, each community association, as a nonprofit corporation, must file its annual registration with the Georgia Secretary of State. . .
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.
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.
Anyone that has ever lived in, worked in, or managed a condominium building knows that unexpected expenses are going to arise during the life of the condominium. This means that the condominium association will have to take steps to fulfill its obligations under its governing documents to make repairs, defray abnormal costs, and/or refund its capital reserves.
Homeowners do not have an absolute right to use the common areas and amenities in a community association. This is because they are bound by the community's governing documents, which typically include provisions on paying assessments and complying with use restrictions.
On May 8, 2018, Georgia Governor Nathan Deal vetoed House Bill 410 ("HB 410"). HB 410 was initially proposed to cap fees charged by community associations and/or property management companies to homeowners (or potential homeowners) for obtaining requested information in advance of a closing.