Many community associations have some type of covenant restricting the number and size of dogs or other animals that may be kept in the community. Some governing documents even prohibit certain types of animals or breeds of dogs. In the event a disabled resident (i.e., an owner or occupant) requests an accommodation from the association for his or her service or emotional-support animal, the association may be required to waive its pet rules to ensure compliance with the federal Fair Housing Act ("FHA"). Failing to recognize the importance of compliance with this law could result in costly legal trouble for the association.

Too often, community associations find themselves being reactive as opposed to proactive when it comes to dealing with disasters. The most common "disaster" for many boards and property managers is the occasional pipe burst; however, disaster can come in many shapes or sizes.

Research suggests that over 3 million drones were sold last year in the United States. Many of these drones were purchased by hobbyists, but a large portion of them are also being used for commercial purposes. For example, in the real estate profession alone, drones are being used to capture images for sales agencies, insurance companies, utility providers, contractors and even reserve study engineers. This increase in popularity is forcing community associations, similar to the many levels of government, to regulate drone usage within their jurisdictions.

Whether expected or unexpected, at some point, all associations will need to undertake a major repair to common property. Roofs will inevitably need repair or replacement; elevators will need modernization; parking lots and roadways will need seal-coating; retaining walls will need restoration; and tennis courts will need resurfacing. Hopefully, the association obtained a professional reserve study and started putting aside enough money to cover these capital expenditures. But what if the reserves are insufficient?

As many of you know, the end of the year is a popular time for community associations to hold their annual meetings. These are not only for homeowners to get updates on their community's status (e.g., financial strength, maintenance needs and/or scheduled projects), but they also serve as a forum for electing board members.

Delinquencies are a major concern for many community associations. As annual meeting season approaches, we often get asked: can an association publish its delinquencies to the rest of the community?

In July 2016, the Georgia Court of Appeals released an opinion in Northside Bank v. Mountainbrook of Bartow County Homeowners Association, Inc., which may have significant implications for homeowners associations not submitted to the Georgia Property Owners' Association Act ("POA"). Specifically, the case involves limitations on the percentage of interest and the amount of late fees that a homeowners association may assess delinquent owners.

Beginning on October 14, 2016, the U.S. Department of Housing and Urban Development ("HUD") will be enforcing new fair housing regulations that involve claims of harassment on the basis of race, color, religion, national origin, sex, familial status, or disability.

The board of directors for every community association has a fiduciary duty to the entire membership. This duty includes both the duty of care and the duty of loyalty. As part of the duty of loyalty to the association, directors have an obligation to disclose any transaction which presents a conflict of interest.

One of the underlying functions of any community association is to preserve its semblance of uniformity. This responsibility, which is typically set forth in an association's governing documents, is generally assigned to the board, or a board-appointed committee, such as an architectural control committee or an architectural review committee. The board or committee ensures compliance with the association's architectural/design guidelines by evaluating an owner's proposed improvement or modification to the owner's unit or lot, or even to the common elements or common areas.