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.
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.
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.
On March 17, 2021, the Georgia General Assembly passed House Bill 112 (“HB 112”), which proposes to extend the Georgia COVID-19 Pandemic Business Safety Act through July 14, 2022. Unless vetoed, HB 112 will become law as soon as it is signed by Governor Kemp, or by default after forty-five days.
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.
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.
As we gladly bid farewell to 2020, the harsh reality is that many of this year’s issues may stick around for part of 2021. Therefore, to ensure your community association remains vigilant into the New Year, here are some of the things we learned from 2020.
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.
As everyone knows by now, COVID-19 dramatically impacted (and continues to impact) day-to-day business for community associations. Part of the initial fallout was a moratorium on foreclosure and eviction proceedings. Although these are handled at the county level throughout Georgia, the Statewide Judicial Emergency-which has been extended numerous times-temporarily put things on hold for every jurisdiction. It was not until the end of this summer, however, that some restrictions were lifted and counties could decide to resume with foreclosures and/or evictions.
Effective on January 1, 2021, the Georgia Property Owners' Association Act ("POA") will add language to O.C.G.A. § 44-3-226(a) that restricts prospective leasing amendments for community associations submitted to the POA. The change, however, will not impact condominium associations, and it will not initially impact common law community associations (i.e. community associations that are not submitted to the POA) unless and until they subsequently submit to the POA and amend their covenants to restrict leasing.