Georgia HOA Law Blog
HOA Bylaws vs Covenants: A Complete Guide for Board Members
Read Post >At NowackHoward, we focus exclusively on representing condominiums and HOA Boards throughout the state of Georgia. Our mission aims to guide communities towards a healthy and prosperous future - together.
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The most knowledgeable and effective condominium and HOA attorneys in Georgia. We are a full-service law firm dedicated to serving the needs of community association Boards with in-house general servicing, collections, and litigation teams - NowackHoward is the counsel every community needs.
A full range of legal services for community associations including: governing document interpretation, amendments and restatements, covenant and rule enforcement.
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Low-cost, high-value collection programs for our community association clients including: collection demand letters, lien filing services and foreclosures, garnishment, bankruptcy representation.
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Representation from lawyers who know Georgia HOA law. We'll advocate for your community association's interests and protect your rights in all Georgia state and federal courts.
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NowackHoward’s knowledge of case law and their litigation success on behalf of community associations are both inspiring and comforting in that you are certain that you are getting sound legal advice.
R. Smith
Welcome to the community counsel - offering insights for your association from Georgia's thought-leaders in community association law. With a combined 70 years of experience, our firm co-founders have the distinction of being the only two law partners in the country to have served as presidents of the international Community Associations Institute and its Georgia Chapter, as well as the prestigious College of Community Association Lawyers - establishing NowackHoward's reputation as the exceptional community association law firm in Georgia.
Community association attorneys provide specialized legal counsel to homeowners associations and condominium associations on governing documents, covenant enforcement, collections, governance compliance, contract review, dispute resolution, and a variety of other issues that arise for community associations. Additionally, they help boards of directors ensure their associations comply with applicable federal laws and Georgia laws such as the Property Owners’ Association Act, the Georgia Condominium Act, and the Georgia Nonprofit Corporations Code.
NowackHoward exclusively focuses on community association law in Georgia, providing specialized counsel that general practice firms cannot match. Our attorneys are recognized locally and nationally as leaders in HOA and condominium law, with extensive experience in governance, collections, litigation, and compliance matters specific to Georgia community associations. Contact us today for a free consultation to learn more!
The best way to find an HOA attorney is to seek a law firm specializing in community association law with extensive experience in your community’s state. To find a community association attorney who regularly deals with this area of law, start with the list of Fellows in the Community Associations Institute (CAI) College of Community Association Lawyers (CCAL). Another option is to search for attorneys who are active members of CAI.
Community association lawyer fees are typically billed based on attorney hourly rates or on project fee arrangements. Litigation fees will depend on the complexity and duration of each case. Law firms that practice community association law exclusively may offer an annual retainer fee to provide ongoing access throughout each year.
In Georgia, each party is typically responsible for their own attorney fees, unless provided otherwise by contract or a governing statute. For HOA and condominium associations, most governing documents and the applicable Georgia laws allow associations to recover their collection costs, including attorneys’ fees for past due assessments. Community association governing documents may also allow the association to recover its attorney fees when it prevails on covenant enforcement lawsuits. The specific allocation depends on the dispute outcome and governing documents’ language.