What Power is Granted to your Board in your Governing Documents?
CAN YOU FINE HOMEOWNERS?
I hope you all are doing well as we enter into another calendar association year. Does your Association currently enforce violations through fines? If so, do you know where the power to do so is derived? Specifically, does your community’s covenants clearly allow you to fine owners for violations? The Georgia Court of Appeals recently clarified what an association should do in order to assess fines. Some covenants that we have reviewed do not have an “enabling clause” that specifically states that the association can assess fines. This means that, although your association’s covenants may mention fines, if there is not explicit authority to actually assess these fines, the fines may be challenged and invalidated. There are a couple of potential solutions to this issue that we can help your Association with to shore up this power.
Alternatively, if you currently do not levy fines for violations but you are interested in starting, now is a good time to review your community’s Declaration and Bylaws to see if that can be done.
Finally, regardless of whether you currently fine or would like to start fining, it is important to confirm that the proper fining procedure is followed in order to make sure those fines can be enforced.
If you have any questions regarding monetary fines and would like for us to review your association’s governing documents, give us a call or email us and we’ll be happy to discuss.
Thank you,
Evan Barnard
Senior Associate
2021 CAI annual COnference & Exposition
Partners, Wes Dunlap and Brian Gardiner, along with Senior Associate, Evan Barnard and other staff recently attended the 2021 CAI Annual Conference & Exposition held August 18-21 in Las Vegas. This conference featured keynote speakers, industry-led educators and networking events focused on Community NOW. This conference is the largest event in the community association industry.
Our firm is a member of the COMMUNITY ASSOCIATON INSTITUTE (CAI) and our attorneys are members of the Creditor’s Rights Section of the State Bar of Georgia.
DUNLAP gARDINER dINNER sERIES
Dunlap Gardiner LLP recently hosted an educational Dinner Series where 54 Association Board Members and Association Management Agents attended. The Dinner Series was entitled: A Good Deed Never Goes Unpunished – Community Association Essentials. Partners, Wes Dunlap and Brian Gardiner, along with attorneys Robert Glaze and Evan Barnard, discussed several issues that Associations often face, including leasing restrictions, conducting board meetings and annual meetings, and bankruptcy law as it applies to HOAs. This catered dinner meeting gave Dunlap Gardiner the opportunity to discuss community issues with board members and to also answer questions and concerns that are arising in communities.
Dunlap and Barnard Attend CAI Law Semiar
On January 15-18, 2020, attorneys Wes Dunlap and Evan Barnard attended the CAI Annual Law Seminar in Las Vegas. The CAI (Community Association Institute) Law Seminar provides attorneys with the opportunity learn and discuss some of the current issues community associations are facing across the country. At this conference, Wes and Evan attended four days of classes addressing issues that often confront our clients. The sessions included parliamentary procedure in HOA meetings, the role of Board members and management agents at meetings, protecting board members if they are defamed by homeowners, bankruptcy as it applies to homeowner's associations, and also two sessions discussing recent case law across the country. The conference also provided Wes and Evan an opportunity to meet fellow CAI members and staff..
GOVERNOR DEAL SIGN SB46
On May 8, 2017, I watched as Governor Deal signed SB 46. This is a bill I drafted with the help of Representative Brian Strickland. This statute sets up a process for abandoned Homeowners Associations to take control of abandoned common areas and to establish elections where the original Declarant failed to do so. I have worked on this for several years and I am proud it finally got done. It wouldn't have happened without Representative Strickland's hard work. If your Association has been abandoned or you are unsure of ownership of common areas, contact Dunlap Gardiner LLP today. We are the leaders in this field.
Brian Gardiner