Explore featured articles from HOALeader.com in which Julie Howard, NowackHoward Co-Founder and Managing Partner, discusses various topics and insights on Georgia HOA governance:
Feature – Let’s Do Basic Condo/HOA Math: Calculating Whether You Have Enough Votes
On rounding when calculating whether a vote has passed – “Never round down,” advises Julie McGhee Howard, co-founder and managing partner of NowackHoward LLC in Atlanta, who at any given time represents hundreds of condos and HOAs throughout Georgia. “If you need 101.1 or 101.2 votes to pass something, you don’t have that with 101 votes. You have it with 102, but not 101.”
Read full article here.
Feature – Tips for Weighing Your Condo/HOA Insurance Options at Renewal
Julie McGhee Howard, co-founder and managing partner of NowackHoward LLC in Atlanta, who at any given time represents hundreds of condos and HOAs throughout Georgia, has seen similar changes. “There are situations where some insurance companies, because of the skyrocketing premiums, have carved out certain parts of the community for coverage,” she explains. “They’re essentially saying, ‘The only way we’ll cover you is if we don’t cover this part of your community.’ In one particular example, coverage for a roof was carved out.”
When you review the coverage you’re offered, ask your broker and your lawyer to explain it in detail, including what’s there and what’s missing. “There are better coverages than others, especially on the directors and officers policy side,” says Howard. “If the condo or HOA is sued for things like breach of contract or a fair housing claim, not all policies cover the defense. Also, counsel in a declaratory judgment action may be excluded, so the condo or HOA is forced to pay to handle those matters.
“For instance, when a homeowner challenges an amendment to the governing documents, they’ll typically file an action claiming the amendment isn’t valid or that the association didn’t get the necessary approvals,” she explains. “They’re asking a court to declare something invalid.
“Or it might be related to a board election, and the homeowner is suing to have the court declare that board members are the actual board members or that they’re not the actual board members,” says Howard. “Make sure you have one of the better policies that cover those kinds of claims.”
Howard also suggests that you ask if it’s possible to have different deductibles for different types of claims. “Every year, our situation with water claims gets worse,” she says. “We increasingly give advice to clients to consider having two different deductibles, one for water claims and one for everything else.
“Especially in multi-dwelling stacked units, water leaks are the most common claims,” reports Howard. “If you’re having to file an insurance claim on every one, associations then can’t get coverage the following year. It’s about really evaluating those water claims and shifting the burden for the smaller claims to the owners so those claims don’t really hit the master policy.”
Read full article here.
Feature – When a Subassociation Wants to Secede from Your Master Condo or HOA
Georgia—”The answer is based on the governing documents and what they say about whether there’s any flexibility to remove a sub from the master,” reports Julie McGhee Howard, co-founder and managing partner of NowackHoward LLC in Atlanta, who at any given time represents hundreds of condos and HOAs throughout Georgia. “The answer is that this probably can’t be done without the master’s consent. It’s unlikely the documents would allow this. By their nature, they’d be written to run with the land in perpetuity.”
Read full article here.
Feature – What a Downer: Tips for Making Life Less Stressful When Your Condo Elevator Needs a Glow-Up
It’s so important to choose the right elevator company, reports Julie McGhee Howard, co-founder and managing partner of NowackHoward LLC in Atlanta, who at any given time represents hundreds of condos and HOAs throughout Georgia.
“I did have a really bad elevator contract blow up last year,” she recalls. “The company wasn’t responsive and could never get the right parts. So on the front end—and of course this is with any contract—it’s about vetting the provider, getting recommendations, ensuring they have adequate insurance, and making sure you have an easy way out of the contract if they’re not being responsive.
“Also, what are their duties under the contract, and what does the contract say about how quickly they’ll respond to necessary repairs?” asks Howard. “When you make sure you have the right company in place, they’ll know how to help navigate repair issues and minimize the impact on your residents.”
Read full article here.
Feature – How to Make Condo Elevator Replacement Less Stressful and Expensive
It’s so important to choose the right elevator company, reports Julie McGhee Howard, co-founder and managing partner of NowackHoward LLC in Atlanta, who at any given time represents hundreds of condos and HOAs throughout Georgia.
“I did have a really bad elevator contract blow up last year,” she recalls. “The company wasn’t responsive and could never get the right parts. So on the front end—and of course this is with any contract—it’s about vetting the provider, getting recommendations, ensuring they have adequate insurance, and making sure you have an easy way out of the contract if they’re not being responsive.
“Also, what are their duties under the contract, and what does the contract say about how quickly they’ll respond to necessary repairs?” asks Howard. “When you make sure you have the right company in place, they’ll know how to help navigate repair issues and minimize the impact on your residents.”
Read full article here.
Feature – Finding a Reasonable Accommodation When It Comes to Parking in Your Condo or HOA
Being unreasonable can have consequences, though now that the Trump Administration has set aside HUD guidance on assistance animals and emotional support animals, it’s less clear how condos and HOAs must respond to all requests for reasonable accommodations, reports Julie McGhee Howard, co-founder and managing partner of NowackHoward LLC in Atlanta, who at any given time represents hundreds of condos and HOAs throughout Georgia.
“In the past, I’d say the Department of Housing and Urban Development and the Department of Justice have really put more of a burden on associations to figure something out,” says Howard. “But since September, when the DOJ set aside HUD guidance on assistance animals and emotional support animals, all interpretation of Fair Housing Act guidelines is in flux, and there’s a matter of uncertainty there.
“They consider designation of handicapped spaces, including curb cuts, signs, and new striping, to be something the association is obligated to do at association expense,” she says. “That’s been the historical bent.
“In the past, I can tell you associations have been penalized and fined for not working with owners to find accommodations for parking,” she adds. “Typically, if you’re disabled and you need to modify something to fully enjoy the property, the association has to allow you to do it. But that’s not an expense the association incurs. That’s not the case with parking, when it has come to such things as marking for handicapped parking.”
Read full article here.
