Homeowner associations (HOAs) are intended to promote quality of life in neighborhoods and subdivisions. By overseeing common property, providing amenities for the community, and creating and enforcing rules, these governing bodies are supposed to en…
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A Georgia homeowner planted a flower bed where his homeowners’ association (HOA) wanted grass, and ended up harvesting an unexpected victory for Georgia homeowners. This case, concerning a seemingly trivial matter, actually represents a significant…
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There are several steps homeowners can take to arm themselves with knowledge of their HOA’s documents and procedures, and to evaluate whether their Board of Directors is effectively carrying out its responsibilities, or in need of redirection. Idea…
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When an occupant of a condominium is injured as a result of a dangerous condition on the property, who is liable for that injury? As shown in the case of Vinings Run Condo Association v. Stuart Jones, the answer may not be as obvious as one might thi…
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If an unmarried couple owns property together, what happens to the property if the couple separates, or no longer wants to own property jointly? One frequently sought option is to partition the property, in which the parties seek to each own a separa…
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Two recent Georgia Court of Appeals cases address the issue of allowable interest on past-due assessments charged by homeowners associations (HOA). What rate of interest is an HOA allowed to charge in Georgia? Northside Bank v. Mountainbrook of Barst…
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As a general rule, it has been difficult for homeowners in Georgia to successfully take action against home inspectors for negligent inspections. A recent case in the Georgia Court of Appeals may have opened the door for such actions in the future. B…
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The Georgia Court of Appeals issued two decisions on March 2, 2016 that strengthen employees’ rights under employment contracts. The first case considers the rights of an employee who resigned after raising concerns that his employer had made mater…
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Homeowners aggrieved by their homeowners associations (HOAs) often quickly notice when the Board of Directors of the HOA fails to follow its own rules, or otherwise conducts business in manner that appears inconsistent with the Board’s policies and…
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