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What Happens When the HOA Board Disregards the Rules?

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

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

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…

What are the Landlord’s Obligations Under the Implied Warranty of Habitability?

Landlord Property Owners Tenant

An implied warranty of habitability provides that the landlord must maintain the premises in good condition for the use and enjoyment of the tenant. A tenant’s duty to pay rent is often conditioned on the landlord’s obligation to maintain the living…

The Process of Commercial Eviction in Georgia

Eviction

Commercial leases generally identify events that constitute a default of the agreement. A violation of the lease typically includes the failure to pay rent, the failure to timely pay rent or the violation of any other explicit clause, such as…

Creditor’s Rights to Property Held in Joint Tenancy

Real Estate Law

When a debtor dies, his liabilities are not automatically extinguished. In many cases, the debt remains the obligation of the surviving spouse or the estate. The claims of creditors present a conflict with the rights of joint tenants when the…

Elements of a Slander of Title Claim

Real Estate Law

A slander of title claim requires that an individual publish a false and harmful statement about the property of another party that negatively impacts the value of the property. An action for slander of title usually arises when another party…

Water Rights as Property Rights in Georgia

Real Estate Law

Landowners in Georgia are deemed to have certain rights to water. The courts have established that water is an aspect of private property that is subject to its own form of protection. The rights of ownership to water depends on…

Using a Kick-Out Clause in a Contract

Real Estate Law

Some sellers may request a kick-out clause in their purchase contract. A kick-out clause gives the seller the right to “kick out” the buyer who has contingencies in the contract under certain conditions if the seller receives another offer. A kick-out clause…

Restrictions on the Rights of an Easement Grantor

Easements Property Owners

When a grantor confers the right to use an easement to another party, the easement holder obtains a nonpossessory interest in the property. This means that the easement holder may continue to make use of the land and to exclude…

The Process of HOA Foreclosures in Georgia

Foreclosure HOA

Once a member of a homeowners association (HOA) or condominium association (COA) defaults on an assessment, a lien attaches to the property by default and the HOA or COA may foreclose on the property. An HOA and COA is permitted…

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Real Estate Law

What Happens When the HOA Board Disregards the Rules?

Duty to Perform Repairs in an HOA

The Elements of a Partition Action

Overview of the Georgia Property Owners Association Act

What are the Landlord’s Obligations Under the Implied Warranty of Habitability?

The Process of Commercial Eviction in Georgia

Creditor’s Rights to Property Held in Joint Tenancy

Elements of a Slander of Title Claim

Water Rights as Property Rights in Georgia

Using a Kick-Out Clause in a Contract

Restrictions on the Rights of an Easement Grantor

The Process of HOA Foreclosures in Georgia

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