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The Georgia Property Owners’ Association Act (“POA”) was adopted in 1994 to expand the powers of homeowners associations. The POA does not, however, apply automatically. Instead, the developer of a community or the members of a community’s homeowners association must “opt-in” to be governed by the POA. The “opt-in” process generally takes place either by the developer when the developer initially creates the declaration of covenants for the community, or by the members of the...

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When a community association receives notice that a delinquent owner has filed a petition for bankruptcy, the initial reaction may be one of despair. Will we ever be able to recover what we are owed? Does this mean the owner gets a “free ride?” What can and can’t we do with regard to collecting amounts that continue to accrue? These questions are common, and bankruptcy can be a complicated subject, rife with time-sensitive deadlines, special bankruptcy rules, and specific protections...

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