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Damages Recoverable in a Nuisance Case.

With increasing development, damage to neighboring properties is becoming more and more common. Georgia’s laws governing nuisance provide landowners whose property has been damaged by the activities of a developer, neighboring landowner, or even a municipality, with the potential for…

That’s a Nuisance! Or is it? (What Constitutes a Nuisance Under Georgia Law.)

Real Estate Law

According to the 2019 forecast from the University of Georgia Terry College of Business, construction is the fastest-growing sector of the State of Georgia’s economy. Job growth is predicted in all of Georgia’s 14 metropolitan areas and in all of…

The Differences Between Covenants, Easements, and Licenses

Covenants Easements Licenses

Private parties can negotiate land use agreements that specify how an individual is legally permitted to use and enjoy the property. Covenants, easements and licenses are methods of granting certain rights in connection with the property while retaining title to…

What Happens When the HOA Board Disregards the Rules?

Bylaws Conditions & Restrictions HOA

Conflicts often arise in homeowner’s association (HOA) when a board member fails to follow the rules that govern the association. It is important that the board abide by the governing documents of the association, including the Covenants, Conditions & Restrictions (CC&R) and…

Duty to Perform Repairs in an HOA

Board of Directors Governing Documents HOA

Homeowners associations (HOAs) are common interest developments governed by Boards of Directors (Board) and subject to the rules and regulations set forth in the governing documents. These documents address a wide variety of issues related to the management and governance of…

The Elements of a Partition Action

Equity Partition Actions Property Owners

In an action for partition, two parties who share an undivided ownership interest in a parcel of property can petition the court for a division of the real property. This is known as judicial partition, and it takes place when…

Overview of the Georgia Property Owners Association Act

Foreclosure HOA Property Owners

In Georgia, shared communities have the option to be governed by state regulations that set forth specific policies for the operation of such associations. Established in 1994, the Georgia Property Owners’ Association Act (Act) was developed to grant increased authority to homeowners…