News, Events, & Publications

As the legal landscape continues to evolve, our team offers unique perspectives and insights on the challenges our clients will face now and in the future.

Community Association Law

2014 Board Boot Camp

Thank you for joining us at the 2014 Board Boot Camp!  It was a tremendous success.  We will be holding more Board Boot Camp seminars in the upcoming months. The 2014 Board Boot Camp was a complimentary community association seminar, on Saturday, September 6, 2014. It featured sessions on: Covenant Enforcement Association Meetings Break-out sessions on collections for condos and HOA’s Feel free to come back to this site for news and updates on future...

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Community Association Foreclosures: A Practice Perspective

This past year, community associations have seen an increasing benefit of implementing foreclosure proceedings against delinquent owners. This article describes the foreclosure process and addresses changes in community association law relating to this process. In 2004, the Georgia legislature amended the Georgia Property Owners’ Association Act (the “POA”) and the Georgia Condominium Act (the “Condo Act”) to permit judicial foreclosures of an association’s lien, subject to...

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Community Association Bankruptcy 101

The National Bureau of Economic Research made the determination that the United States is in a recession - and has been since December of 2007. The current economic downturn has been caused, in part, by the nation’s housing downturn, which began in 2006. As a result, many Georgia community associations have noticed an increased number of homes being foreclosed upon and an increased number of bankruptcy filings. Many assume that a bankruptcy will completely eliminate an association’s ability...

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Recovering Attorney’s Fees From Delinquent Homeowners

Community associations are entirely self-funded from the assessment payments of their members. When members (owners) do not pay, an association’s revenue is reduced, along with the association’s ability to satisfy its continuing obligations. Simply put, when owners become delinquent, such nonpayment directly affects the association’s ability to operate. As a natural result, the owners who are paying their assessments unwittingly subsidize the delinquent owners who are not paying. Worse,...

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Creating a mandatory homeowners association in your existing neighborhood

If you are considering creating a mandatory homeowners association in your existing neighborhood, your first step should be to identify its purpose. Mandatory associations serve particular purposes. For example, mandatory associations are often created to enforce restrictive covenants and to maintain common areas. Maybe you are considering a mandatory association to enforce neighborhood covenants, such as architectural standards, or to enforce new covenants that have been proposed. Or, maybe...

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