Community Matters – Fall 2025
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 and strong board oversight are essential to prevent overreach and ensure committees operate within legal and organizational boundaries. (By David C. Boy IV, Esq.). The second article talks about Assessments being essential to a community association’s financial health, but obtaining a judgment for unpaid assessments is only part of the battle—actual recovery requires strategic post-judgment collection efforts. Tools like recording a Fi.Fa., wage or bank garnishments, and, in rare cases, sheriff’s levies on personal property can help enforce a judgment. However, in situations where the homeowner is experiencing temporary hardship, negotiating a payment plan may be more effective, and legal counsel is key to guiding associations through the most appropriate course of action. (By Brittany Brock, Esq.). Lastly we have an article discussing what happens when a homeowner fails to pay assessments but continues to collect rent from a tenant, many associations use rent assignment provisions in their covenants to redirect rent payments from the tenant to the association to cover the delinquency. This process can create tension between tenants and landlords, as tenants may face legal consequences or eviction threats regardless of whom they pay. Associations should carefully consider the potential outcomes and consult legal counsel before enforcing such provisions. (by Stephen A. Finamore, 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!