This issue explores several important legal and operational challenges facing community associations, beginning with a recent Georgia Court of Appeals decision analyzed by Cynthia C. Hodge, Esq., which clarifies the limits of “covenant not to sue” provisions and underscores the importance of careful, good-faith architectural review processes, particularly in disputes involving solar panel installations. Turning next to enforcement practices, Elina V. Brim, Esq., examines how inspections,...
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The Fall 2025 edition features an article discussing Committees playing a crucial role in the efficient governance of homeowners and condominium associations by allowing boards to delegate tasks, engage members, and prepare future leaders. Under Georgia law, associations may form various committees—such as Architectural Control, Finance, or Social Committees—but must now include at least one current director on each committee due to a 2023 legal amendment. Clear committee charters...
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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...
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The Spring 2025 edition features an article discussing hate crimes and liability for Community Associations In 2016, the U.S. Department of Housing and Urban Development (HUD) issued a new rule addressing harassment and discriminatory housing practices under the Fair Housing Act (FHA). The rule holds housing providers, including community associations, liable for failing to take corrective action when discrimination occurs between residents, especially in cases involving harassment or creating...
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The Winter 2024 edition features an article discussing emotional support animal requests. Under the Fair Housing Act, community associations must consider requests for emotional support animals (ESAs) as a reasonable accommodation for residents with disabilities. Requests can only be denied if the animal poses a safety threat or property damage, supported by an individualized assessment of the situation. Residents must provide documentation from a qualified healthcare provider to substantiate...
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