Community Associations Practice
Firm lawyers have extensive experience representing homeowners and condominium associations. Currently, the firm represents over 450 associations, providing complete legal representation, including covenant revision, covenant enforcement work, assessment collection and other related community association matters. The firm also represents homeowner and condominium associations through all phases of the collection process in their effort to collect sums owed by delinquent owners. The firm assists homeowners and condominium associations in reviewing service and construction contracts, in covenant interpretation and in issues arising in connection with the day-to-day operations of a non-profit corporation and regularly interfaces with associations’ management companies to provide concise and quick legal advice. The firm has represented lenders and associations in obtaining and successfully closing loans for capital improvements. The firm is an active sponsor of the Community Associations Institute and firm attorneys regularly participate as speakers on various legal topics at its meetings and seminars, and is a frequent contributor to “Georgia Commons,” the statewide Community Associations Institute newsletter.
Community Association’s Practice
- Collections – Preparing and sending warning of lien letters, notice of lien letters, warning of suit letters, notice of suspension letters, filing liens, drafting and filing lawsuits for unpaid association assessments and obtaining judgments.
- Post Judgment Collection – collecting judgments through water suspension letters, the garnishment of bank accounts and wages, and post-judgment discovery.
- Covenant Enforcement – filing notices of non-compliance in the land records, sending covenant violation letters, notice of fines letters, notice of self-help letters, advising Board and Association’s agents on enforcement mechanisms and use restrictions and filing suits for injunctive relief (court order requiring the Owner to abate the problem).
- Governing Document Review – reviewing and advising Boards and Association’s agents on maintenance, insurance and enforcement provisions and use restrictions. We provide expeditious email responses and promptly answer and return calls regarding pressing issues. We also provide detailed memorandums and opinions on numerous topics of concern for associations.
- Covenant Amendments & Rule and Resolution Drafting – drafting amendments to the community association governing documents to address issues within the Community and better suit Association’s current needs; drafting Resolutions, Rules & Regulations and Architectural Guidelines in order to clarify existing covenants and restrictions.
- General Litigation – reviewing contracts with vendors, sending demand letters regarding breach of contract, disputes with neighboring properties, filing suits for equitable relief and collection of debts owed and participating in mediation and alternative dispute resolution processes.
- Developer and Turnover – providing guidance to Boards during and after transition from developer control, drafting termination of Declarant’s rights
- Bankruptcy – monitoring bankruptcy status, filing proof of claims, filing motions for relief of stay