BOARD RESOURCES
Check out our growing content library, which provides helpful community management information and resources.
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Board Confidentiality
By: Michael Rome, Esq. of Rome & Goldin, PC
This marks the sixth installment of a series for board members about commonly faced questions and issues. Many of these challenges require a combination of legal, political, and practical solutions. Click here to read more.
Conflicts of Interest
By: Michael Rome, Esq. of Rome & Goldin, PC
This marks the eleventh installment of a series for board members about commonly faced questions and issues. Many of these challenges require a combination of legal, political, and practical solutions. Click here to read more.
Fiduciary Duties of the Board
By: Michael Rome, Esq. of Rome & Goldin, PC
This marks the fifth installment of a series for board members about commonly faced questions and issues. Many of these challenges require a combination of legal, political, and practical solutions. Click here to read more.
Keeping Order at Member Meetings
By: Michael Rome, Esq. of Rome & Goldin, PC
This marks the tenth installment of a series for board members about commonly faced questions and issues. Many of these challenges require a combination of legal, political, and practical solutions. Click here to read more.
Posting Names of Delinquent Owners
By: Michael Rome, Esq. of Rome & Goldin, PC
This marks the twelfth installment of a series for board members about commonly faced questions and issues. Many of these challenges require a combination of legal, political, and practical solutions. Click here to read more.
Understanding Fines
By: Michael Rome, Esq. of Rome & Goldin, PC
This marks the third installment of a series for board members about commonly faced questions and issues. Many of these challenges require a combination of legal, political, and practical solutions. Click here to read more.
Understanding the Function & Authority of Committees
By: Michael Rome, Esq. of Rome & Goldin, PC
This marks the fourth installment of a series for board members about commonly faced questions and issues. Many of these challenges require a combination of legal, political, and practical solutions. Click here to read more.
Using Residents as Vendors
By: Michael Rome, Esq. of Rome & Goldin, PC
This marks the first installment of a series for board members about commonly faced questions and issues. Many of these challenges require a combination of legal, political, and practical solutions. Click here to read more.
Board Member Basics 101
By: Weissman, Nowack, Curry & Wilco Attorneys at Law
This article written by one of the premier legal firms in the state of Georgia that specializes in community association law covers the basics of what every board member needs to know. It is a must read for Board Members and Directors. Click here to read more.
You're Elected - Now What?
By: Mindy Waitsman, Attorney at Weissman, Nowack, Curry & Wilco P.C.
Congratulations on being elected to the Board and being named an officer. Many newly appointed board officers want to do what they can for their community, but are often unsure exactly what their new position requires. Click here to read more.
Ten Common Mistakes Made by Board Members
By: Michael Rome, Esq. of Rome & Goldin, PC
Serving on the board for a community association can be a challenging and thankless job, but sometimes it is more challenging that it needs to be. If you avoid the these ten common mistakes, it should make things easier. Click here to read more.
Board Code of Conduct
By: Michael Rome, Esq. of Rome & Goldin, PC
This marks the seventh installment of a series for board members about commonly faced questions and issues. Many of these challenges require a combination of legal, political, and practical solutions. Click here to read more.
Writing-Off Delinquent Assessments as Bad Debt
By: Michael Rome, Esq. of Rome & Goldin, PC
This marks the eigth installment of a series for board members about commonly faced questions and issues. Many of these challenges require a combination of legal, political, and practical solutions. Click here to read more.
Rights and Responsibilities for Better Communities
By: Community Associations Institute
Perhaps the greatest achievement for any association is creating and sustaining a sense of community among residents and leaders. This goal is best achieved when homeowners, non-owner residents, and association leaders recognize and embrace their rights and responsibilities. Click here to read more.
Model Code of Ethics for Association Board Members
By: Community Associations Institute
This model code of ethics is not meant to address every potential ethical dilemma encountered by a community association board member, but is offered as a basic framework that can be modified and adopted by any common-interest community. Click here to read more.
Community Association Fundamentals
By: Community Associations Institute
Each community has its own history, personality, attributes and challenges, but all associations share common characteristics and core principles. This primer was written to foster a better conceptual understanding of how associations function. Click here to read more.
Governance Guidelines
By: Community Associations Institute
There are basic expectations that apply to virtually any common-interest community. With this in mind, we developed the Community Association Governance Guidelines - 12 principles that can help association board members increase harmony, reduce conflict and build stronger, more successful communities. Click here to read more.
Guidelines for Creating Enforceable Rules & Regulations
By: Weissman, Nowack, Curry & Wilco Attorneys at Law
The task of creating and implementing rules for a community can be daunting. However, by keeping a few simple guidelines in mind, a Board can successfully create and implement enforceable rules and regulations that will help foster harmony within the community. Click here to read more.
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Seven Benefits of Hiring an HOA Management Company
By: Chuck Miller at HOAPulse.com
Many newly elected Board members quickly discover that they do not have an adequate background for all the tasks they must perform. As a result, the decision is made to hire a professional HOA management company. What are the benefits of professional management? Click here to read more.
The Worst Volunteer Position in America?
By: Raymond Dickey, HuffPost Home
HOA Board members often spend hours of their own time serving their communities. Yet often this group of unpaid volunteers, numbering in the millions who are not only unappreciated, but many times hated by those they help. It could be argued that they are the most despised volunteers in America. Click here to read more.
The Right Way to Take Meeting Minutes
By: Rebecca Drube, Attorney at NowackHoward
Georgia law requires associations to keep minutes of all meetings of its members, its board of directors, and its committees when such committees are acting in place of the board. While most boards of directors are aware of the obligation to keep meeting minutes, many boards, at one time or another, have faced the question as to what information needs to be included in the minutes to ensure that an accurate record is being maintained. Click here to read more.
Board's Guide to Selective Enforcement
By: Rebecca Drube, Attorney at Weissman, Nowack, Curry & Wilco
There are two types of selective enforcement: 1) when an association acts arbitrarily by enforcing some covenants but fails to enforce others; and 2) when an association acts arbitrarily by enforcing the same covenant differently against one owner and another. Click here to read more.
Amendments Checklist
By: Weissman, Nowack, Curry & Wilco, Attorneys Specializing in Association Law
This checklist includes essential and helpful provisions so that you can ensure your association's governing documents contain all of the provisions necessary to support your community's goals. To be valid, all of the provisions below must be included in your Declaration or Bylaws. Click here to read more.
How Does Garnishment Work?
By: Jimmy Kim, Attorney at Weissman, Nowack, Curry & Wilco
Once an association has secured a judgment against an owner, the most important question is "How can the association get its money?" Garnishment is the most frequently used legal procedure to collect on a money judgment against a delinquent owner. Click here to read more.
Avoiding Fight Night - Community Boards vs. Homeowners
By: Neal Bach, CPA on www.bjmco.com/boards-vs-homeowners/
The basic goal of effectively operating the business of the community means that board members have to collect money from neighbors and tell them what they can and can't do. This creates an inherent conflict that can escalate quickly. Click here to read more.
HOA Paint Maintenance
By: Richard Thompson on realtytimes.com
Paint maintenance is no different than roof, landscape, pool, or asphalt maintenance. A good plan requires periodic inspections, timely and proper surface preparation, and repair in addition to quality paint applied at recommended intervals. Click here to read more.
Federal Income Taxes and HOAs
By: Brett Hersh - Let's Talk Taxes, journal-news.net
Most everyone is well aware of the April 15th deadline to file personal income taxes, but if you are a board member, there is an earlier deadline that you need to be aware of. In addition, the form to use for HOA taxes can be confusing for some. Click here to read more.
Having a Successful Annual Meeting
By: Seth Weissman, Attorney at Weissman, Nowack, Curry & Wilco P.C.
Annual meetings can be a pleasant affairs, however, sometimes they are filled with rancor and dissension. In either situation, the board of directors should be familiar with proper procedures for running an association meeting. Click here to read more.
No Quorum, No Board, No Problem?
By: Coulter & Sierra, LLC - Specialists in Community Association Law
Homeowner apathy is a major concern for a large number of community associations. What happens if no one runs for the board? Or what if the entire board resigns? Click here to read more.
A Guide for the Renters in Your Community
By: Kaycee Wegener on Rentecdirect.com/blog
Unless your association has a total ban on rental properties, tenants are something a board of directors must effectively deal with in order to have a successful community. This guide has some great information to help the tenants in your community understand HOAs. Click here to read more.
Stop! You Can't Do That!
By: Lazega & Johnson LLC, Specializing in Community Association Law
Many associations have experienced owners making changes to their homes or lots without prior ACC approval. What can boards do when self-help is not practical or realistic and fines are ineffective? Click here to read more.
Water, Water Everywhere...
By: George E. Nowack Jr., founding partner of Nowack & Howard
Water damage is the most common casualty claim in buildings with attached units. Written by arguably one of the most knowledgeable attorneys nationwide on community associations and the insurance issues they face, this article is a must read for board members in townhome and condo communities. Click here to read more.
We've Been Robbed!
By: George E. Nowack Jr., founding partner of Nowack & Howard
Hopefully those words will never apply to your association, however it is important to take the steps now to protect your association. Written by arguably one of the most knowledgeable attorneys nationwide on community associations and the insurance issues they face, this article is a must read for board members. Click here to read more.
The Do's and Don'ts of D&O Insurance
By: George E. Nowack Jr., founding partner of Nowack & Howard
Unfortunately we live in an increasingly litigious society. Written by arguably one of the most knowledgeable attorneys nationwide on community associations and the insurance issues they face, this article is a must read for board members. Click here to read more.
Pearls of Wisdom for Association Living and Leading
By: Community Associations Institute
CAI leaders throughout the years have shared their advice and pearls of wisdom for better community association life. Here are 130 tips to guide you and ensure a positive community association experience. Click here to read more.
Parliamentary Procedure for Community Associations
By: Jim Slaughter, Attorney & Certified Professional Parliamentarian
Does there always seem to much to do at your association meetings and not enough time to do it? Or does reading a simple report result in a 15 minute tangent? Parliamentary procedure can help turn long, confrontational meetings into short, painless ones. Click here to read more.
Will You Know a Potential D & O Claim?
By: Ian Graham Insurance Company
A claim is defined by your Association's specific policy language. That said, experience has teaches us valuable lessons on actions that can lead to a claim that needs to be reported to your insurance agent. Click here to read more.
Understanding Cyber Liability and Risk
By: Neal Bach, CPA & Joe Dreher, AAI - Dreher Insurance
High-profile hacks of established companies are regularly on the evening news. While big companies make big headlines, no business or organization is too small to be hacked, and hackers often find smaller businesses easier prey. Click here to read more.
Is Your Community Prepared for Disaster?
By: Coulter & Sierra, LLC - Specializing in Community Association Law
Too often, community associations find themselves being reactive instead of proactive when it comes to dealing with disasters. The most common "disaster" many boards face is the occasional pipe burst; however, disaster can come in all shapes and sizes. Here are a few things your community can do to be prepared. Click here to read more.
Navigating Community Association D&O Claims
By: Ian Graham Insurance Company
The purpose of this article is to assist your community association with navigating the initial phases of a lawsuit and inform your community association of typical issues it may encounter as litigation unfolds. Click here to read more.
Identifying Occupancy Issues
By: Coulter & Sierra, LLC - Specializing in Community Association Law
Protective covenants governing the number and type of occupants per dwelling have been subject to much scrutiny over the years. This has a lot to do with the Federal Fair Housing Act, or FHA, by which community associations are bound. Click here to read more.
Dude, Where's My Car?
By: Coulter & Sierra, LLC - Specializing in Community Association Law
Most associations have parking rules in their governing documents. However, before proceeding with fining the violating owner, or booting or towing their vehicle, boards should make sure to follow the procedures outlined by their governing documents and local law. Click here to read more.
The Four W's of Changing the Governing Documents
By: Coulter & Sierra, LLC - Specializing in Community Association Law
Sooner or later, every community association is faced with an issue that was never contemplated by its governing documents. This may be the result of new case law, or a new property trend like Airbnb. Whatever the issue, it is important for associations to stay on top of changes. Click here to read more.
Government Right of Condemnation
By: Coulter & Sierra, LLC - Specializing in Community Association Law
There is a common misconception that property ownership rights are absolute. However, the government can take away any private property, including your association's, without the owners consent. This is called eminent domain. Click here to read more.
Should Associations Use Social Media to Investigate Violations?
By: Coulter & Sierra, LLC - Specializing in Community Association Law
In the past, association's covenant enforcement was often limited by what boards and/or managers could prove. Nowadays, with the widespread use of social media, community associations may have access to another layer of property owners' actions. Click here to read more.
Political Signs and Solicitation in Associations
By: Coulter & Sierra, LLC - Specializing in Community Association Law
It is officially campaign season in Georgia. Associations may be wondering whether owners can place political signs in their yards or common areas. Boards may also be questioning how best to address door-to-door solicitors that are canvassing for candidates. Click here to read more.
Demystifying the Proxy
By: Coulter & Sierra, LLC - Specializing in Community Association Law
It is customary for most associations to send out a blank proxy form, should owners be unable to attend, with the annual meeting notice. Despite their frequent use, proxies can be confusing. Therefore, we have provided answers to five common proxy-related questions. Click here to read more.
Fiscal Fitness
By: Vicky Sand and Victoria Baggett of Nowack & Howard
The strength of a community association can be measured by its ability to perform its duties. With the real estate market booming at the moment, it is a great opportunity for boards of directors to make sure their associations are taking advantage of the good times to plan for any future rainy days. Click here to read more.
The Dogma on Dog Bites
By: Coulter & Sierra, LLC - Specializing in Community Association Law
While an owner's love for their dog is unconditional, sometimes our friendly dogs are not so friendly to our neighbors. This can be a serious concern for community associations, especially when dogs are permitted on the common areas. Click here to read more.
Association Document Retention: Know When to Hold 'Em
By: Coulter & Sierra, LLC - Specializing in Community Association Law
A community association is organized as a nonprofit corporation, and just like any other corporation, it needs to follow the applicable corporate code and the directors and officers that run it have duties to the corporation. This includes keeping records to show that the directors and officers performed those duties, as well as any obligations imposed on the corporation/association by the declaration. Click here to read more.
What to do When an Owner Wants to Review Association Records
By: John T. Lueder, Esq., Managing Partner of Lueder, Larkin & Hunter
Occasionally a board will encounter a homeowner who requests to review all of the association's books, records, and documents. There are both legal and practical aspects to what the association must do. Click here to read more.
Lien on Me - Fundamental Guide to Liens
By: Stephen A. Finamore, Esq., Partner at Lueder, Larkin & Hunter
Not to be confused with the word “lean,” the association’s “lien” is a form of security interest granted over real property to secure the payment of assessments owed to the association. Although these are different words with different meanings, one definition for the word “lean” means to exert influence or pressure in order to gain cooperation, maintain discipline, or the like. Click here to read more.
To Fine or Not To Fine: Enforcement of Parking Restrictions on Public Streets
By: David C. Boy, IV, Esq., Partner at Lueder, Larkin & Hunter
The covenants for many communities contain a restriction prohibiting or limiting on-street parking. An Association may not tow on public streets, but what about imposing fines for violating an on-street parking restriction on a public street? Or seeking a court-ordered injunction prohibiting such parking? Click here to read more.
5 Things Your Board Must Do When the Media Calls
By: Association-Life.com
From time to time your board may receive requests to speak to the media about things happening in or around your community. While we encourage boards to work with their professional management company and their qualified legal counsel during any media crisis, here are some best practices to help your community prepare for media inquiries. Click here to read more.
Enforcing Community Covenants - Options and Procedures
By: Coulter & Sierra, LLC - Specialists in Community Association Law
One of the most important board responsibilities, other than ensuring the association is properly funded, is to enforce the community's covenants. An association's covenants serve as the framework for the community's appearance and operation. This article discusses the four most common enforcement powers given to the board in the governing documents. Click here to read more.
Addressing Short-Term Rentals in Community Associations
By: Rebecca Drube, Attorney at Nowack Howard, Specializing in Community Association Law
While most news outlets deemed Atlanta’s hosting of the Super Bowl a success, it brought an unwelcome surprise for many condominium and homeowners associations: Airbnb and similar short-term tenants.Not unexpectedly, many of those tenants came ready to party, and associations were concerned about the common complaints for most short-term tenants. Click here to read more.
Directors' and Officers' Fiduciary Duties
By: Haley H. Bourret, Attorney at Lueder, Larkin & Hunter
When considering serving on the board of an association, potential directors and officers should educate themselves on the fiduciary duties they would owe to the association if they are elected or appointed. An example scenario may be helpful to understand and appreciate those duties. Click here to read more.
An INTERESTing Refresher
By: Brandon D. Wagner, Attorney at Lueder, Larkin & Hunter
Interest is a vital part of our financial system. We have all seen it in almost every financial transaction we encounter, and it is no different for community association homeowner accounts. Nearly all governing documents authorize associations to recover interest, but the rate at which interest is computed is not always so clear. Click here to read more.
The Risks and Rewards of Installing Security Cameras
By: Joseph C. Larkin, Esq., Partner at Lueder, Larkin & Hunter
Generally speaking, installing security cameras is not a bad thing. But, as with everything in our society today, it carries some risk. If your community association is discussing whether or not to install security cameras, here are four of the more common issues or concerns that are typically raised. Click here to read more.
Enjoying Your Summer Pool Season in Peace and Quiet
By: Elina V. Brim, Esq., Attorney at Lueder, Larkin & Hunter
The sun is out, people are enjoying the great outdoors, and the pool season is in full swing. But with the pool season comes a new set of complaints from homeowners. A common complaint many boards receive is "what can be done with the rowdy kids in the pool." These complaints give rise to a very important yet frequently overlooked legal issue: pool rules which may run afoul of a federal law called the Fair Housing Act. Click here to read more.
Basic Principles of Managing Architectural Modification Applications
By: Haley H. Bourret, Esq., Attorney at Lueder, Larkin & Hunter
Many governing documents will provide that the Board of Directors may, or shall, appoint an Architectural Control Committee, or ACC. In most cases though, the authority to enforce the design standards and the decisions of the ACC remains with the Board of Directors. In order to carry out their respective roles, it is important that the ACC and the Board manage owners’ applications in an organized and consistent manner. Click here to read more.
Refresher on the Freedom to Display the American Flag Act
By: Coulter & Sierra, LLC - Specializing in Community Association Law
With Memorial Day behind us and the Fourth of July just around the corner, we have reached a popular time of year for displaying the American Flag. For many community associations, hanging any type of flag is considered a change in a property’s appearance and thus requiring prior approval. However, the Freedom to Display the American Flag Act of 2005 supersedes any restrictive covenant that attempts to restrict or prevent a resident from displaying the flag of the United States on his or her unit/lot. Click here to read more.
The Players in a Community Association and How Their Roles Affect Community Governance
By: Coulter & Sierra, LLC - Specializing in Community Association Law
Community associations in Georgia are considered non-profit corporate entities under Georgia law. This means that the board of directors, the manager and the owners all play important roles in the governance of the association. While all three parties must work together for the association to function properly, the Board definitely has a much larger role in community operations. Click here to read more.
To File or Not to File Insurance Claims
By: Brendan R. Hunter, Esq., Attorney at Lueder, Larkin & Hunter
Understanding insurance requirements in the context of a condominium can be difficult. Generally, the biggest hurdles to this understanding lie in the notions of ownership and maintenance obligations. Boards routinely do not want to file claims for damage to an owner’s unit that were caused by that owner. However, neither ownership, nor maintenance obligations, nor fault are the factors to initially consider when determining whether to file a claim with the association’s insurance. Click here to read more.
Settling Collection Matters Without Giving Away the Farm
By: Harrison J. Woodworth, Esq., Attorney at Lueder, Larkin & Hunter
Settlement of collection claims with an owner who is delinquent on his or her assessments does not necessarily mean reducing the amounts owed to the association or “caving in.” Oftentimes, settlement means employing cost-saving, efficient collection methods to achieve a formal resolution and potentially avoiding litigating a dispute all the way to trial. Click here to read more.
Covenant Enforcement in Bankruptcy - Dos and Don’ts
By: Daniel E. Melchi, Esq., Attorney at Lueder, Larkin & Hunter
Covenant violations occur throughout the year, but they seem to be most noticeable in the spring and summer months, when many of us are outside enjoying the warm weather. So, this is a good time to brush up on the “Dos and Don’ts” that a community association should be aware of when the violating owner is in an active bankruptcy. When an owner files for bankruptcy, the owner’s home automatically becomes “property of the bankruptcy estate.” Click here to read more.
Speeding in HOAs
By: Julie Warren, Community Associations Institute
Speeding cars were a contributing factor in 26% of vehicle-related deaths in 2017, says the National Highway Traffic Safety Administration. Even with the best road and weather conditions, driving too fast exponentially reduces a driver’s control over steering and increases the time it takes to stop a vehicle. Therefore it is little surprise that speeding is a common issue faced in many communities. Click here to read more.
Association Budget FAQs
By: Coulter & Sierra, LLC - Specializing in Community Association Law
It's that time of year again! As associations gear up for annual meeting season, many boards of directors and managers are reviewing account records and projected expenses to create their association's budget for next year. Preparing the budget is a fundamental process for community associations, as the budget is essentially a roadmap for what the association will undertake in the next year and how much the owners will pay in assessments. Click here to read more.
Within the Limits
By: Julie Warren for Community Associations Institute
The sidewalk, the road, the park bench, the elevator, the streetlights, and more belong to and benefit everyone in a community association. These common elements are shared property maintained by the association and used by all residents. The money for repairing and replacing these elements comes from the community's operating budget or reserves, which are funded by everybody's collective annual assessments. Click here to read more.
Past Due
By: Edward Hoffman Jr., Esq. for Community Associations Institute
Assessments are quite literally the lifeblood of a community association, as they are the vital component related to the association's ability to operate and maintain the common areas. When owners fail to make timely assessment payments, the deficiency impacts the whole community. There's less money than budgeted for operations, common area maintenance, and reserve funding. Click here to read more.
Adopting Smoke-Free Policies in High-Rises
By: Kiara Candelaria for Community Associations Institute
Smoking bans in the U.S. have become commonplace over the past three decades. Policies have been adopted by local and state governments to make workplaces and public spaces completely devoid of smoke from cigarettes and, more recently, vaping devices. Secondhand smoke concerns have ignited efforts to completely ban smoking in high-rise residential buildings too. Click here to read more.
Age of Excess - Recovery of Excess Funds
By: Stephen A. Finamore, Esq., Partner at Lueder, Larkin & Hunter
Not too long ago, many homes were encumbered by loans and secured debt far exceeding the value of the property so encumbered. With an association’s lien for assessments typically placed behind the first priority security deed and property taxes, there was little hope for an association to collect amounts owed from the sale of the property in an arm’s length transaction, foreclosure, or tax levy. Click here to read more.
By: Stephen A. Finamore, Esq., Partner at Lueder, Larkin & Hunter
Not too long ago, many homes were encumbered by loans and secured debt far exceeding the value of the property so encumbered. With an association’s lien for assessments typically placed behind the first priority security deed and property taxes, there was little hope for an association to collect amounts owed from the sale of the property in an arm’s length transaction, foreclosure, or tax levy. Click here to read more.
Another Leasing Amendment Prevails in Appellate Court
By: Cynthia C. Hodge, Esq. of Lueder, Larkin & Hunter
The Georgia Court of Appeals opinion in Pasha v. Battle Creek Homeowners Association, Inc. was decided by the Georgia Court of Appeals on June 13, 2019. The fundamental issue in this case revolves around the court’s decision on whether an amendment to the association’s Declaration, restricting the ability of the association members to lease their property, was enforceable against an owner who did not consent to the amendment. Click here to read more.
By: Cynthia C. Hodge, Esq. of Lueder, Larkin & Hunter
The Georgia Court of Appeals opinion in Pasha v. Battle Creek Homeowners Association, Inc. was decided by the Georgia Court of Appeals on June 13, 2019. The fundamental issue in this case revolves around the court’s decision on whether an amendment to the association’s Declaration, restricting the ability of the association members to lease their property, was enforceable against an owner who did not consent to the amendment. Click here to read more.
Association Reserve Studies: Plan the Work, Work the Plan
By: David C. Boy, IV, Esq., Partner at Lueder, Larkin & Hunter
A reserve study is essentially a planning tool designed to help a board anticipate and prepare for a community’s major repairs and replacement projects. This ensures adequate reserve funding for future maintenance, repair, and replacement of community facilities as they deteriorate over time. Importantly, the board has a fiduciary duty to ensure that it is acting in the best interest of the association which arguably includes planning to minimize unexpected expenses and the resulting additional costs to the association. Click here to read more.
By: David C. Boy, IV, Esq., Partner at Lueder, Larkin & Hunter
A reserve study is essentially a planning tool designed to help a board anticipate and prepare for a community’s major repairs and replacement projects. This ensures adequate reserve funding for future maintenance, repair, and replacement of community facilities as they deteriorate over time. Importantly, the board has a fiduciary duty to ensure that it is acting in the best interest of the association which arguably includes planning to minimize unexpected expenses and the resulting additional costs to the association. Click here to read more.
Reserve Study Maintenance
By: Paul Huijing, P.E. published in Community Associations Institute - New England Chapter publication Condo Media
Reserve studies need to be updated periodically to ensure that reserve funding stays on a predictable and sustainable path. Updates reduce the likelihood of special assessments and enable stakeholders to plan effectively. In general, an update is recommended every 1-5 years depending on financial circumstances of the association. Click here to read more.
By: Paul Huijing, P.E. published in Community Associations Institute - New England Chapter publication Condo Media
Reserve studies need to be updated periodically to ensure that reserve funding stays on a predictable and sustainable path. Updates reduce the likelihood of special assessments and enable stakeholders to plan effectively. In general, an update is recommended every 1-5 years depending on financial circumstances of the association. Click here to read more.
Director Gone Rogue: Considerations and Strategies for the Remaining Directors
By: Coulter & Sierra, LLC - Specializing in Community Association Law
Among a board of directors, it is not unusual for individuals to hold different viewpoints and engage in a healthy debate on matters concerning the association. Occasionally, however, differing opinions result in a director attempting to undermine the decisions of the Board as a whole. For example, when a director leaks information to the membership to try and generate support for his or her position on a matter. Click here to read more.
By: Coulter & Sierra, LLC - Specializing in Community Association Law
Among a board of directors, it is not unusual for individuals to hold different viewpoints and engage in a healthy debate on matters concerning the association. Occasionally, however, differing opinions result in a director attempting to undermine the decisions of the Board as a whole. For example, when a director leaks information to the membership to try and generate support for his or her position on a matter. Click here to read more.
Can an HOA Hand Over Residents’ Email Addresses?
By: Jennifer Loheac for Community Associations Institute
CAI's HOAresources.com explores questions and comments from community association members living in condominiums, homeowners associations, and housing cooperatives. This article answers the questions to whether or not an association can turn over residents’ email addresses to an outside party? In this specific instance, the community in question wants to share owner addresses with a local radio station so it can send news alerts, which would be specific to our area, and residents have the option to opt out. Click here to read more.
By: Jennifer Loheac for Community Associations Institute
CAI's HOAresources.com explores questions and comments from community association members living in condominiums, homeowners associations, and housing cooperatives. This article answers the questions to whether or not an association can turn over residents’ email addresses to an outside party? In this specific instance, the community in question wants to share owner addresses with a local radio station so it can send news alerts, which would be specific to our area, and residents have the option to opt out. Click here to read more.
Condo Alert - FHA Single Unit Approvals Coming Soon
By: Megan Elaine Harsh, Attorney at Nowack Howard
In August, the US Department of Housing and Urban Development (“HUD”) released new Federal Housing Administration (“FHA”) guidelines specifically for condominium units. Starting October 15, 2019, condominiums will be eligible for single unit approval for FHA insured loans (“spot approval”). Before this relaxed approach, only 6.5% of condominium projects in the United States were eligible for FHA loans. Click here to read more.
By: Megan Elaine Harsh, Attorney at Nowack Howard
In August, the US Department of Housing and Urban Development (“HUD”) released new Federal Housing Administration (“FHA”) guidelines specifically for condominium units. Starting October 15, 2019, condominiums will be eligible for single unit approval for FHA insured loans (“spot approval”). Before this relaxed approach, only 6.5% of condominium projects in the United States were eligible for FHA loans. Click here to read more.
Are HOAs Required to Translate Board Meetings
By: Donna DiMaggio Berger for Community Associations Institute
CAI's HOAresources.com explores questions and comments from community association members living in condominiums, homeowners associations, and housing cooperatives. This article answers the question of whether or not an HOA has a responsibility to provide a translator during meetings? Or to translate the documents, association announcements or notices? Click here to read more.
By: Donna DiMaggio Berger for Community Associations Institute
CAI's HOAresources.com explores questions and comments from community association members living in condominiums, homeowners associations, and housing cooperatives. This article answers the question of whether or not an HOA has a responsibility to provide a translator during meetings? Or to translate the documents, association announcements or notices? Click here to read more.
To Catch a Criminal: License Plate Readers
By: Coulter & Sierra, LLC - Specializing in Community Association Law
Although community associations should not provide security, many are looking for new ways to address criminal activity. One trend gaining popularity is the use of license plate readers. License plate readers are cameras that capture still images of a vehicle's license plate as the vehicle drives by. This technology has been available for law enforcement and other businesses for quite some time, but the reduction in costs coupled with better cameras has opened the door for smaller-scale applications. Click here to read more.
By: Coulter & Sierra, LLC - Specializing in Community Association Law
Although community associations should not provide security, many are looking for new ways to address criminal activity. One trend gaining popularity is the use of license plate readers. License plate readers are cameras that capture still images of a vehicle's license plate as the vehicle drives by. This technology has been available for law enforcement and other businesses for quite some time, but the reduction in costs coupled with better cameras has opened the door for smaller-scale applications. Click here to read more.
Charting a Course for a Successful New Year
By: Elina V. Brim, Esq. of Lueder, Larkin & Hunter
Following your association’s annual meeting, association business generally slows down. This time provides a great opportunity to plan your community’s goals for the upcoming year and to ensure a smooth transition to the new board.Board transition periods can be a stressful time for new board members, particularly for individuals who have never served on the board. However, with a little planning, most issues can be easily addressed. Click here to read more.
By: Elina V. Brim, Esq. of Lueder, Larkin & Hunter
Following your association’s annual meeting, association business generally slows down. This time provides a great opportunity to plan your community’s goals for the upcoming year and to ensure a smooth transition to the new board.Board transition periods can be a stressful time for new board members, particularly for individuals who have never served on the board. However, with a little planning, most issues can be easily addressed. Click here to read more.
Unit Access Rights for Condominium Associations
By: Coulter & Sierra, LLC - Specializing in Community Association Law
Whether they know it or not, all condominium unit owners in Georgia have given their associations access rights to their units. This may come as a surprise to new condominium unit owners, but this authority is promulgated by the Georgia Condominium Act, O.C.G.A. § 44-3-70, et seq. (the "Act"). Click here to read more.
By: Coulter & Sierra, LLC - Specializing in Community Association Law
Whether they know it or not, all condominium unit owners in Georgia have given their associations access rights to their units. This may come as a surprise to new condominium unit owners, but this authority is promulgated by the Georgia Condominium Act, O.C.G.A. § 44-3-70, et seq. (the "Act"). Click here to read more.
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A Guide to Short Sales
By: Kyle T. Jones, Esq. of Lueder, Larkin & Hunter
There are many ways for a community association to collect assessments. The efforts are either focused on trying to compel the owner to pay the amounts owed from his or her own personal assets or to collect the amounts owed from the property itself. In order to collect the amount owed from the property itself, the property must have value exceeding the liens encumbering it. In other words, the property must have
“equity.” Click here to read more.
By: Kyle T. Jones, Esq. of Lueder, Larkin & Hunter
There are many ways for a community association to collect assessments. The efforts are either focused on trying to compel the owner to pay the amounts owed from his or her own personal assets or to collect the amounts owed from the property itself. In order to collect the amount owed from the property itself, the property must have value exceeding the liens encumbering it. In other words, the property must have
“equity.” Click here to read more.
Reasonable Accommodations for Assistance Animals
By: L. Paschal Glavinos, Esq. of Lueder, Larkin & Hunter
As more and more Americans turn to alternative treatment options for coping with mental and physical disabilities by possessing an assistance animal, community associations are faced with complex compliance issues where an association’s governing documents may prohibit what is required by the Fair Housing Act (FHA) and section 504 of the Rehabilitation Act of 1974, according to the U.S. Department of Housing and Urban Development (HUD). Click here to read more.
By: L. Paschal Glavinos, Esq. of Lueder, Larkin & Hunter
As more and more Americans turn to alternative treatment options for coping with mental and physical disabilities by possessing an assistance animal, community associations are faced with complex compliance issues where an association’s governing documents may prohibit what is required by the Fair Housing Act (FHA) and section 504 of the Rehabilitation Act of 1974, according to the U.S. Department of Housing and Urban Development (HUD). Click here to read more.
Officer Roles and Responsibilities
By: Coulter & Sierra, LLC - Specializing in Community Association Law
The new year is in full swing and many community associations already have or are about to select a new board of directors. As new boards start to focus on the year ahead and projects in hand, it is important to understand and recognize the role and responsibilities for each officer on the board.The directors of an association are typically elected by the membership, in accordance with the provisions of the declaration and/or bylaws for the association. However, there is a difference between directors and officers. Click here to read more.
By: Coulter & Sierra, LLC - Specializing in Community Association Law
The new year is in full swing and many community associations already have or are about to select a new board of directors. As new boards start to focus on the year ahead and projects in hand, it is important to understand and recognize the role and responsibilities for each officer on the board.The directors of an association are typically elected by the membership, in accordance with the provisions of the declaration and/or bylaws for the association. However, there is a difference between directors and officers. Click here to read more.
Look for the Helpers: A Board’s Role in the COVID-19 Crisis
By: NowackHoward, LLC
Most members of community association Boards of Directors are helpers by nature. That is why they volunteer to serve their communities. So, it is not surprising that some of the most frequent questions we are receiving from our clients relate to how the Board can help community members in this time of crisis due to the COVID-19 coronavirus. The answer given may surprise you. Click here to read more.
By: NowackHoward, LLC
Most members of community association Boards of Directors are helpers by nature. That is why they volunteer to serve their communities. So, it is not surprising that some of the most frequent questions we are receiving from our clients relate to how the Board can help community members in this time of crisis due to the COVID-19 coronavirus. The answer given may surprise you. Click here to read more.
GA Stay at Home Order and HOA Amenities and Guests
By: Cynthia C. Hodge, Esq., Partner at Lueder, Larkin, & Hunter
The state-wide “stay-at-home” executive order goes into effect on April 3, 2020 and is intended to continue through April 30, 2020, although it is possible that it could be extended. The primary purpose of this Order is to implement greater restrictions to limit the spread of COVID-19 throughout our communities, and to protect the safety and well-being of our residents. Should common areas and amenities remain open? And what about having guests? Click here to read more.
By: Cynthia C. Hodge, Esq., Partner at Lueder, Larkin, & Hunter
The state-wide “stay-at-home” executive order goes into effect on April 3, 2020 and is intended to continue through April 30, 2020, although it is possible that it could be extended. The primary purpose of this Order is to implement greater restrictions to limit the spread of COVID-19 throughout our communities, and to protect the safety and well-being of our residents. Should common areas and amenities remain open? And what about having guests? Click here to read more.
Collection of Assessments During the Time of COVID-19
By: Stephen A. Finamore, Esq., Partner at Lueder, Larkin, & Hunter
During these difficult and uncertain times, we have been receiving questions concerning collection activities. The inquiries have ranged from whether assessments and out-of-pocket expenses should be waived or forgiven, to whether collection efforts should be delayed or canceled. Our firm recommends that an association’s standard operating procedure for collections should not be significantly altered during the COVID-19 pandemic. Click here to read more.
By: Stephen A. Finamore, Esq., Partner at Lueder, Larkin, & Hunter
During these difficult and uncertain times, we have been receiving questions concerning collection activities. The inquiries have ranged from whether assessments and out-of-pocket expenses should be waived or forgiven, to whether collection efforts should be delayed or canceled. Our firm recommends that an association’s standard operating procedure for collections should not be significantly altered during the COVID-19 pandemic. Click here to read more.
Virtual Meetings and Covid-19
By: Cynthia C. Hodge, Esq., Partner at Lueder, Larkin, & Hunter
The state-wide “stay-at-home” executive order goes into effect on April 3, 2020 and is intended to continue through April 30, 2020, although it is possible that it could be extended. Governor Kemp signed this order after receiving guidance from state and federal health officials and in light of the progressing statistics facing our state. Nevertheless, association business meetings may need to occur during this time, so here is some helpful general guidance on conducting meetings during these unprecedented times. Click here to read more.
By: Cynthia C. Hodge, Esq., Partner at Lueder, Larkin, & Hunter
The state-wide “stay-at-home” executive order goes into effect on April 3, 2020 and is intended to continue through April 30, 2020, although it is possible that it could be extended. Governor Kemp signed this order after receiving guidance from state and federal health officials and in light of the progressing statistics facing our state. Nevertheless, association business meetings may need to occur during this time, so here is some helpful general guidance on conducting meetings during these unprecedented times. Click here to read more.
Update on Amenity Use During COVID-19
By: Coulter & Sierra, LLC - Specializing in Community Association Law
It appears that COVID-19 will unfortunately be hanging around this summer. As such, many boards are now facing the difficult decision of whether to open amenities, especially the community pool. Community leaders should first consider if the association is equipped to ensure that social distancing is occurring, to perform enhanced cleaning on a regular basis, and whether or not the association is prepared to enforce compliance with the recommended guidelines? Click here to read more.
By: Coulter & Sierra, LLC - Specializing in Community Association Law
It appears that COVID-19 will unfortunately be hanging around this summer. As such, many boards are now facing the difficult decision of whether to open amenities, especially the community pool. Community leaders should first consider if the association is equipped to ensure that social distancing is occurring, to perform enhanced cleaning on a regular basis, and whether or not the association is prepared to enforce compliance with the recommended guidelines? Click here to read more.
Safely Conducting Association Business During COVID-19
By: Coulter & Sierra, LLC - Specializing in Community Association Law
Regardless of the specific challenges presented by COVID-19, communities have no other choice but to continue operating as best and as safely as possible. One way to do this is for boards and property managers to find alternative ways to conduct business and/or present information without in-person meetings. While each community's options will depend on their specific governing documents, this article gives Board members guidance on a path forward. Click here to read more.
By: Coulter & Sierra, LLC - Specializing in Community Association Law
Regardless of the specific challenges presented by COVID-19, communities have no other choice but to continue operating as best and as safely as possible. One way to do this is for boards and property managers to find alternative ways to conduct business and/or present information without in-person meetings. While each community's options will depend on their specific governing documents, this article gives Board members guidance on a path forward. Click here to read more.
Continuing Board Elections Without a Meeting Post-COVID
By: Coulter & Sierra, LLC
By: Coulter & Sierra, LLC
Due to COVID-19, many associations decided to hold board elections without a meeting by written ballot, and called virtual town halls to announce the results and satisfy the other annual meeting requirements in 2020. Fast forward to 2021, many associations are sticking to this procedure. Are there procedural concerns about conducting board elections without a meeting by written ballot and calling an in-person annual meeting in the same year? Click here to read more.
Avoiding One-Page Proposals & Contracts
By: Coulter & Sierra, LLC
By: Coulter & Sierra, LLC
Contractors are generally good at what they do, but this usually doesn’t include drafting agreements. There are four basic requirements to create a binding contract under the law. However, these simple agreements are typically inadequate to fully protect the association’s interest in the event something goes wrong. This article discusses 6 items that you should ensure your contracts properly address to avoid a scary situation in the future. Click here to read more.
Disputes Involving Party Walls & Fences
By: Coulter & Sierra, LLC
By: Coulter & Sierra, LLC
Homeowners often look to their community association for help with resolving a dispute with a neighbor. But if the issue involves a party wall or fence (i.e., with no common property in between), there may not be much the association can do. The first step—as in most cases—is to see what the association’s governing documents provide. Hopefully there is language that offers some guidance or, at the very least, confirms that the association should not get involved. Click here to read more.
Electric Vehicles and the Condo Association
By: Brandon D. Wagner, Esq. of Lueder, Larkin, & Hunter
As gas prices continue to hit record highs, more and more consumers are turning to alternative modes of transportation, including electric vehicles. Global sales of electric vehicles are projected to surpass 10.5 million this year, which is about 4 million above 2021 levels. Inevitably, condo associations are going to be confronted with the issue of what to do about electric vehicles and their required charging stations. Click here to read more.
By: Brandon D. Wagner, Esq. of Lueder, Larkin, & Hunter
As gas prices continue to hit record highs, more and more consumers are turning to alternative modes of transportation, including electric vehicles. Global sales of electric vehicles are projected to surpass 10.5 million this year, which is about 4 million above 2021 levels. Inevitably, condo associations are going to be confronted with the issue of what to do about electric vehicles and their required charging stations. Click here to read more.
Injunction Junction, What’s Your Function?
By: Brendan R. Hunter, Esq. of Lueder, Larkin, & Hunter
An injunction is a court order that either: A) directs an owner to stop doing certain activities, or B) compels an owner to undertake certain required duties. Generally, when an owner violates a restrictive covenant, the association is entitled to injunctive relief, thereby preventing the owner from continuing to violate the restrictive covenant. Click here to read more.
By: Brendan R. Hunter, Esq. of Lueder, Larkin, & Hunter
An injunction is a court order that either: A) directs an owner to stop doing certain activities, or B) compels an owner to undertake certain required duties. Generally, when an owner violates a restrictive covenant, the association is entitled to injunctive relief, thereby preventing the owner from continuing to violate the restrictive covenant. Click here to read more.
Georgia Constitutional Carry and Considerations for Community Associations
By: Nowack Howard, LLC
We increasingly receive questions about whether Georgia law allows private property owners to prohibit people from possessing a firearm on their private property. Does a condominium or homeowners association have the right to prohibit residents and their guests from possessing guns at the community swimming pool, tennis courts, or other association amenity areas? Click here to read more.
By: Nowack Howard, LLC
We increasingly receive questions about whether Georgia law allows private property owners to prohibit people from possessing a firearm on their private property. Does a condominium or homeowners association have the right to prohibit residents and their guests from possessing guns at the community swimming pool, tennis courts, or other association amenity areas? Click here to read more.
Lien Foreclosure: Help Me, Help You
By: Stephen A. Finamore, Esq. Attorney at Lueder, Larkin & Hunter
Tried-and-true methods of collections, such as filing liens, lawsuits, and garnishments have been very effective in achieving favorable collection results. Yet, despite an association’s best efforts, there will always be a small number of owners who simply do not pay. There is a final option worth considering, namely foreclosure of the association’s lien. Click here to read more.
By: Stephen A. Finamore, Esq. Attorney at Lueder, Larkin & Hunter
Tried-and-true methods of collections, such as filing liens, lawsuits, and garnishments have been very effective in achieving favorable collection results. Yet, despite an association’s best efforts, there will always be a small number of owners who simply do not pay. There is a final option worth considering, namely foreclosure of the association’s lien. Click here to read more.
Security Problems? What Boards Need To Know
By: Elina V. Brim, Esq. Attorney at Lueder, Larkin & Hunter
2022 has seen a significant increase in crime, and community associations have not been immune to this wave of violence and destruction. The year also brought to the forefront the issue of security in association maintained and operated areas. Thankfully, 2022 has also brought some clarity regarding the obligation of associations to provide security to their members and guests. Click here to read more.
By: Elina V. Brim, Esq. Attorney at Lueder, Larkin & Hunter
2022 has seen a significant increase in crime, and community associations have not been immune to this wave of violence and destruction. The year also brought to the forefront the issue of security in association maintained and operated areas. Thankfully, 2022 has also brought some clarity regarding the obligation of associations to provide security to their members and guests. Click here to read more.
Are Covenants Restricting Parking on Public Streets Enforceable?
By: John T. Lueder, Esq., Partner at Lueder, Larkin & Hunter
Declarations of covenants often restrict parking on public streets by either (1) expressly prohibiting vehicle parking on streets in the community, or (2) requiring vehicles to be parked in a garage or driveway, thus prohibiting vehicles from being parked anywhere else, including the street. Are these parking restrictions enforceable under Georgia law? Click here to read more.
By: John T. Lueder, Esq., Partner at Lueder, Larkin & Hunter
Declarations of covenants often restrict parking on public streets by either (1) expressly prohibiting vehicle parking on streets in the community, or (2) requiring vehicles to be parked in a garage or driveway, thus prohibiting vehicles from being parked anywhere else, including the street. Are these parking restrictions enforceable under Georgia law? Click here to read more.
What to Do When a Water Catastrophe Strikes
By: Lazega & Johanson, LLC
Frozen pipes are certainly not the only source for water leaks, this time of year typically brings an increase in the number of claims being made against association water damage insurance. These claims raise a number of questions concerning the application of water damage insurance, the responsibilities of the association and affected unit owners, and the application of insurance deductibles. The following are some of the more common questions we are asked when it comes to water damage insurance and pipe bursts. Click here for more.
By: Lazega & Johanson, LLC
Frozen pipes are certainly not the only source for water leaks, this time of year typically brings an increase in the number of claims being made against association water damage insurance. These claims raise a number of questions concerning the application of water damage insurance, the responsibilities of the association and affected unit owners, and the application of insurance deductibles. The following are some of the more common questions we are asked when it comes to water damage insurance and pipe bursts. Click here for more.
Practical Tips to Protect the Attorney-Client Privilege
By: Elina V. Brim, Esq., Attorney at Lueder, Larkin, & Hunter
Georgia law protects communications between an attorney and his or her client from disclosure. This long-standing policy makes sense, as it ensures that clients can freely discuss legal matters with their counsel without suffering adverse consequences. Honest communication with clients also assists in providing effective legal representation. Preserving this privilege is essential. Click here to read more.
By: Elina V. Brim, Esq., Attorney at Lueder, Larkin, & Hunter
Georgia law protects communications between an attorney and his or her client from disclosure. This long-standing policy makes sense, as it ensures that clients can freely discuss legal matters with their counsel without suffering adverse consequences. Honest communication with clients also assists in providing effective legal representation. Preserving this privilege is essential. Click here to read more.