Association Board Members Have Fiduciary Duties
2/6/20
By: Ali Sabzevari
The Georgia Property Owners’ Association Act and an HOA’s governing documents govern the creation and operation of a homeowners’ associations (“HOA”) and the duties of its board members.
A Board of Directors is typically responsible for managing …
Changes In Store for California HOA Elections
11/18/19
By: Nicole Clowdsley
With 2020 fast approaching, California HOAs should be proactively preparing to comply with a litany of new statutorily mandated changes to their election processes. On October 12, 2019, California Governor Gavin Newsom signed Senate Bill 323 into …
HOAs and COAs increasingly confront owner challenges to regulation of short-term rental
5/28/19
By: Justin Boron
By now, it’s clear that short-term rentals are neither a passing fad nor the high-minded pretense that underpinned their growth—laid-back homeowners who connect through an online platform with other like-minded individuals just looking for a place to …
Best Practices for HOA Elections
2/13/19
By: Charles McCurdy
In California, as communities with HOAs have proliferated, so has the thicket of statutes, rules and regulations that apply to their operations. For example, just holding an election for an HOA’s Board of Directors implicates California’s Civil …
California Enacts New Anti-Fraud Laws To Protect HOA Members
1/24/19
By: Greg Fayard
In California, an anti-fraud bill designed to protect HOA members sailed unopposed through the legislature becoming law January 1, 2019.
The Community Associations Institute and the California Association of Community Managers sponsored the bill, which makes various …
12/10/18
Earlier this year, Florida has enacted several laws impacting homeowners associations. Among these changes include the following:
As of July 1, 2018, Florida requires homeowners associations to publicly record all amendments to governing documents, where “governing documents” …
2/12/18
By: Jan S. Sigman
Many homes built in the metro Atlanta area in the past 20 years are located in subdivisions that have a homeowner’s association (HOA). In 1994, Georgia adopted the Property Owner’s Association Act. If an HOA elects …
Show Me the Money! Georgia Court of Appeals Affirms HOA’s Right to Recover Attorneys Fees
1/31/18
By: Cheryl H. Shaw
Community associations are funded through assessments paid by property owners. When owners fail to pay, the association’s ability to meet financial obligations and provide for upkeep of the community is diminished. Common area repairs and replacements …
Georgia Court of Appeals Upholds Statute of Limitations Defense in Exterior Siding Case
1/9/18
By: Jan S. Sigman
In Georgia, a negligent construction action must be brought within four years from when the right of action accrues. The right of action accrues when the plaintiff first could have maintained the action to a successful …
12/21/17
By: Michael Kouskoutis
Despite the ubiquitous use of e-mail, Florida law provides no clear answer on the extent to which HOA members can access e-mail communications of the association’s board members. While Florida Statutes permit broad access to “official records …
Enforcing the Rules: Are HOA Fines Too Heavy, Too Light or Just Right
12/21/17
By: David G. Molinari
Nearly one quarter of Californians live in a community governed by an HOA. Associations use fines to curb violations of governing documents. Some associations use fines excessively, while others only rarely. How should fines be used …
California Homeowners’ Associations Must Allow Politicking: SB 407 is Now Law
11/22/17
By: Jeffrey R. Cluett
On September 11, 2017, California Governor Edmund G. (“Jerry”) Brown, Jr. signed into law Senate Bill No. 407, which passed the California Senate and the California Assembly unanimously. SB 407 has been codified as California Civil …