Association Document Retention: “Know When to Hold ‘Em”

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.

2019-06-20T01:25:13-04:00January 2019|

The Dogma on Dog Bites

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.

2019-01-07T13:45:23-05:00December 2018|

Condominium Water Woes

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.

2019-01-07T13:46:33-05:00October 2018|

Time for New Pool Rules . . . in Autumn?

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.

2018-10-08T15:59:52-04:00September 2018|

Ins and Outs of the Foreclosure Process

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.

2018-09-05T12:11:06-04:00August 2018|

To Impose or Not to Impose: The Provision on Special Assessments in the Georgia Condominium Act

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.

2018-08-27T21:50:14-04:00July 2018|

Q&A: Suspending Use Rights to Common Areas and Amenities

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.

2018-08-27T21:47:49-04:00June 2018|

I’m Just a Bill: The Life and Death of HB 410

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.

2018-08-27T21:44:45-04:00May 2018|

Political Signs and Solicitation in Community Associations

It is officially campaign season in Georgia. Community associations may be wondering whether homeowners can place political signs in their yards or on common areas to support a particular candidate. Boards may also be questioning how best to address door-to-door solicitors that are canvassing for candidates and/or seeking contributions.

2018-05-09T10:01:22-04:00April 2018|

Should Community Associations Use Social Media to Investigate Potential Covenant Violations?

In the past, community association covenant enforcement was often limited to what boards and/or managers could personally document. For example, the documentation could might include a photo of the violating property taken from the street. Nowadays, with the widespread use of social media community associations may have access to another layer of property owners' actions. This begs the question: should community associations use social media to investigate potential covenant violations?

2018-04-27T10:31:42-04:00March 2018|