This edition is about Georgia’s Senate Bill 406, a sweeping new law that marks a significant shift in the regulation of community associations. As you read on, you’ll discover how the legislation introduces new registration requirements, reshapes collection and enforcement practices, and establishes an Owners’ Bill of Rights. The article outlines key changes taking effect in 2027, along with expanded oversight by the Secretary of State. With many details still being developed,...
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This edition features an article emphasizing the importance of proper notice when community associations address property issues or covenant violations. Whether the matter involves hearings, alternative dispute resolution, delinquent accounts, meetings, or self‑help, associations must follow the notice requirements in their governing documents and applicable statutes to avoid legal missteps. The article underscores that when an association “notices” a problem, it must also formally...
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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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