Community Matters – Summer 2025
The Summer 2025 edition features an article delving into Community associations often relying on third-party vendors for essential services, but poorly drafted contracts can expose them to significant risks. Common issues include missing key terms, vague scopes of work, unenforceable sales promises, unfair liability limitations, one-sided indemnification clauses, and weak termination provisions. To protect the association, contracts should be clearly written, carefully negotiated, and reviewed by legal counsel. (by Elina V. Brim, Esq.). A second article talks about collecting assessments being vital for community associations to fund essential services, and consequences for non-payment can include liens, lawsuits, and loss of amenities. When pursuing judgments, the collection strategy may differ significantly depending on whether the property owner is an individual or a corporation, with corporate ownership posing more challenges. For corporate-owned properties, foreclosure—particularly under Georgia’s POA or Condominium Acts—or rental garnishments may be the most effective tools, and boards should assess collectability before proceeding with standard legal action. (by Darrelyn S. Hughes, Esq.).
Community Matters is published on our website on a quarterly basis, and if you would like hard copies, we can make those available for you as well. Thank you!