It’s summertime and it’s not only the temperature that is heating up. Although the November election is months away, judging by the campaign signs blossoming on front yards throughout the Atlanta metropolitan area, political campaigns are already in full swing. Given the number of signs already out there, your community association may justifiably be wondering if it has any control over campaign signs in the community.
Community associations are often on the look-out for easy and low-cost events that bring the community together for socializing and fun. And, what could be easier than a community movie night? What too many associations don’t realize, however, is that the seemingly harmless act of screening a movie in your community association clubhouse may subject the association to liability for copyright infringement.
Weissman, Nowack, Curry & Wilco understands that operating a community association often means that Board members and property managers work on association business before and after typical business hours. Because of this, you need access to association accounts 24/7. That’s why we developed the Collections Wizard.
Television news, newspapers and law firm websites are ablaze with the news that on September 8th, a Federal Judge for the Northern District of Georgia held the process for obtaining a garnishment carried out by Gwinnett County under the Georgia garnishment statute was unconstitutional because it violates the due process rights of debtors. The news stories create the impression that a creditor will no longer be able to collect a debt after obtaining a judgment.
Over a year ago, I wrote a blog post about the potential problems that AirBnB and similar short-term leasing websites, such as VRBO and Homeaway, pose for community associations. As explained in that post, Airbnb and its competitors are websites that connect property owners in various cities throughout the world who want to rent all or part of their homes on a short-term basis to travelers looking for temporary lodging in those cities. Since my original post, the number of condominium units and homes available for lease through these websites has only increased. For example, a quick search of AirBnB reveals more than 1,000 available listings in the Atlanta area.
In community association legal terminology, a “special assessment” is an assessment imposed against all owners in addition to the regular annual association assessments. There are a variety of reasons that a Board of Directors may want to levy a special assessment, but most commonly special assessments are used to pay for unexpected common area repair costs or to fund expected repairs that exceed available reserves.
In the last blog post, we examined whether community associations have to pay income taxes. The natural corollary to that question is the question of whether community associations are required to pay property taxes. The answer to that depends upon whether your community association is a homeowners association or a condominium association. If a homeowners association, the answer is “yes.” If a condominium, the answer is “no.”
Unless you’ve been living under a rock, you can’t have missed the barrage of T.V. and radio commercials telling you that it’s time to file your annual tax returns. While most of us understand that there is no escaping filing personal tax returns, I frequently receive questions from community association clients about whether it is necessary that their community association file a federal tax return...
The vast majority of community associations routinely use proxies in some way at their annual membership meetings. Given that, it’s not surprising that many of the questions I receive from community association Board members and property managers during annual meeting season involve proxies. In order to assist those of our Board member and property manager readers who are in the midst of annual meeting preparation, this blog post will address some of the most common misconceptions and questions concerning proxies and their use.
Look Twice Before You Cash That Check!! The general rule in community association collections is that any payment on a delinquent account is a good thing, even if the payment is for less than the full amount owed. However, depositing a payment of less than the full amount owed can be dangerous ... read on an learn how not to lose unpaid dues as money down the drain.
This blog is published by Weissman, Nowack, Curry & Wilco, P.C. to provide information on community association legal issues. The information contained herein is not intended as specific legal advice. Please contact your attorney with specific questions.