Atlanta Community Association / HOA Disputes

HOA Disputes

As an element of her representation in Georgia real estate matters, Atlanta HOA dispute attorney Julie Liberman has an active practice involving community association covenant enforcement. She assists individual homeowners and community associations such as homeowners associations, and condominium associations, navigate the complexity of the governing documents and laws that are unique to those communities. When disputes escalate to litigation, Julie is an advocate with an uncommon depth of knowledge of Georgia’s laws in this evolving practice area.

Attorney Services for Homeowner Disputes

Julie has provided help for hundreds of Georgia homeowners on their HOA concerns. Contact us today to schedule your consultation with an experienced HOA dispute attorney.

  • Homeowner challenges to:

    • Covenant violations and fines

    • Denials of modification or usage permits

    • Suspension of voting rights

    • Suspension of use of common property

    • Board of Director election results

    • Board of Director refusal to provide access to Association books and records

    • Failure of developer to turn over control of Board of Directors to the owners

  • Disputes between homeowner and association concerning maintenance and repair of property

  • Disputes between homeowner and association concerning maintenance and repair of landscaping, trees, natural areas in the neighborhood, and undeveloped areas

  • Condominium construction defects and nuisance claims

  • Condominium neighbor disputes

  • Fair Housing Act claims

  • Board of Director fiduciary duty concerns and disputes

  • Developer turnover process and concerns

  • Board of Director governance issues

  • Disputes over amendments to covenants

  • Association and homeowner compliance with covenants, bylaws and applicable State laws

  • Assessment payment and accounting issues

  • Alternative dispute resolution

  • All aspects of litigation, with emphasis on appeals

Frequently Asked Questions

  • We will recommend trying to resolve the dispute first. While homeowners often feel harassed by their HOA for various reasons, legal harassment is different from feeling harassed. Proving legal harassment is extremely fact specific, with a very high bar under Georgia law for the homeowner.

  • We will consult with you on the underlying issues, but if the matter is solely one of defamation, we will likely refer you to another law firm for that legal specialization. Often, if you can distance yourself from the concern about lies or rumors, you may learn that there are other legal issues at stake with which we can assist you which may give you peace of mind.

  • Possibly. If you have proof of payment (canceled checks or similar documents) and a full account ledger, we can review the accounting for errors. We also review for the statute of limitation on assessment collection, the legal rate of interest and other legally questionable fees and costs. That said, for homeowners who owe under $5,000, this is often not cost effective. If the HOA has a judgment against you and is collecting under a settlement agreement, garnishment or other post-judgment remedy, there is very little we can do to assist that will be economical.

  • No, it does not. Please contact the office to schedule a consultation to discuss your situation.

  • No, under Georgia law, you must pay regular, annual assessments levied by the HOA even if the HOA is not providing services. You can still demand the services. That said, there are some rare exceptions that justify withholding assessment payment based on the legal status of the HOA and the governing documents. Please contact the office to schedule a consultation to discuss your situation.

  • This depends on several factors, including how your governing documents are written and which covenants are not being enforced. Ultimately, it may require a court order. Please contact the office to schedule a consultation to discuss your situation.

  • This is unlikely, but in some cases the HOA or its governing documents may have lapsed or expired. Please contact the office to schedule a consultation to discuss your situation.

Schedule a Consultation with HOA Dispute Attorney Julie A. Liberman

Based in the Atlanta area, Julie is an experienced real estate dispute attorney handling cases throughout metropolitan Atlanta and the State of Georgia. Julie is a trained litigator with over twenty-five years of experience who understands the value of resolving disputes before they escalate whenever possible. Early resolution not only contains client costs but provides for greater certainty, less stress for the parties, and increased peace of mind.

Without exception, Julie treats both clients and opponents with respect and human dignity, encouraging all involved in often contentious matters concerning homeownership to consider all angles of the dispute, and the long-term value of buying their peace.

Contact LIBERMAN LAW for more information about legal representation in a community association or other real estate matter.