New Florida Law Change Allows Property Owners to Challenge Lapsed Covenants
11/30/18
By: Melissa Santalone
A recently enacted section of the Florida Statutes allows property owners to seek court intervention to prevent their community associations from revitalizing lapsed covenants and restrictions as to their parcels. Property owners can commence an action for …
Facebook And Association Criticism: How To Address Unfounded Allegations Against An Association And Its Board
10/12/18
By: Jonathan Romvary
How far can a Board go in fighting against what they believe is unfair homeowner criticism? Can they publish a formal response to unfounded allegations? How should Associations address online criticism on unofficial Facebook groups created by …
Enforcing an HOA Covenant
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 …
New Limitations to Application of Georgia Restrictive Covenants Act
5/23/13
By: Joyce Mocek
Recently, a Fulton County Superior Court judge, in an unpublished order in the case of Cone v. Marietta Recycling Corporation, limited the application of the Georgia Restrictive Covenants Act, and provided guidance on whether a company …
Recent Court Rulings Suggest Homeowners’ Associations May Selectively Enforce Covenants
9/6/12
By: Marc Bardack
In two recent rulings, state trial court judges have rejected homeowner claims against homeowners associations (HOAs) for failing to enforce covenants against a neighbor. These rulings raise the question of whether HOA’s can enforce neighborhood covenants selectively …