Choose the HOA Homeowner and Condominium Attorneys Who Helped Write the Georgia HOA Laws
Over the years, NowackHoward has set the standard as the premier community and condominium association law firm in Metro Atlanta and throughout Georgia. Our flat-fee retainer structure offers our community association clients the most reliable, flexible, and nimble legal services available to aggressively represent their interests.
Because all community associations are different, we work with our clients to customize a package and approach that matches the associations culture and the association directors business goals. And, while we focus on preventative law, avoiding difficulties before they arise, our HOA attorneys also provide a full range of legal services to our community association clients, covering any contingency that might arise, including:
- General Servicing: Provides comprehensive legal advice and guidance to Boards of Directors on various matters, to assist the corporation in compliance with applicable Georgia laws and regulations.
- Litigation, Both State and Federal: Represents the homeowner’s association in legal proceedings, both in state and federal courts, to resolve disputes and protect the association’s interests.
- Governing Document Interpretation, Amendments, and Restatements: Assists in interpreting and amending the community association’s governing documents, ensuring clarity and alignment with Georgia legal requirements.
- Covenant and Rule Enforcement: Handles the enforcement of covenants and rules within the community, addressing violations and ensuring compliance among homeowners.
- Assessment Collection: Manages the collection of assessments and dues, taking legal actions when necessary to ensure financial stability for the homeowner’s association.
- Lien Foreclosure: Initiates legal proceedings to foreclose on liens in cases where homeowners fail to pay assessments, ensuring the association’s financial interests are protected.
- Owner Bankruptcy: Advises and represents the homeowner’s association in cases where a homeowner declares bankruptcy, protecting the community association’s rights during the bankruptcy process.
- Association Meetings and Parliamentary Guidance: Provides guidance on conducting association meetings and adherence to parliamentary procedures and legal requirements.
- Insurance Claims, Coverage and Defense: Assists the homeowner’s association in navigating insurance claims, coverage disputes, and defense strategies to protect against potential liabilities.
- Contract Review, Negotiation, and Disputes: Reviews and negotiates contracts on behalf of the homeowner’s association and resolves disputes that may arise during the contract term.
- Fair Housing Act Claims: Addresses legal matters related to the Fair Housing Act, to assist the homeowner’s association compliance with anti-discrimination laws.
- General Litigation: Handles a broad range of legal disputes on behalf of the homeowner’s association, protecting their interests through litigation. See the most common types of HOA litigation here.
- Owner Dispute Resolution: Facilitates resolution of disputes between homeowners, promoting amicable solutions and minimizing legal conflicts within the community.
- Developer Transition and Disputes: Assists in the transition from developer to homeowner control and resolves any legal disputes that may arise during this transition.
- Construction Defect Claims: Manages legal issues related to construction defects, representing the homeowner’s association in claims against developers or contractors.
- Zoning Appeals: Represents the homeowner’s association in zoning appeals, to address and resolve issues related to land use and development.
- Property Tax Appeals: Handles appeals related to property tax assessments, working to ensure fair and accurate tax valuation for the homeowner’s association common property.
- Board and Manager Education: Provides homeowner’s association educational resources and legal guidance to the homeowner’s association’s board and management team, to help keep them informed and compliant with relevant Georgia laws and regulations.
NowackHoward’s General Services Team
Danielle Vega
We welcome all new community association clients regardless of size or location. We are available to meet with prospective clients –free of charge– to understand your community and its issues, describe our capabilities, and explain our services.
For more information on our services, email us at info@nowackhoward.com.
The Counsel Every Community Needs.
Frequently Asked Questions
What issues can a general servicer handle for community associations?
For community associations, a general servicing attorney can handle day-to-day legal matters, including governing document interpretation, covenant enforcement guidance, contract review, insurance recommendations, board meeting advice, election procedures, and compliance with Georgia HOA and condominium laws. They provide ongoing legal support to help boards navigate operational challenges, avoid liability, and make informed decisions.
Why is having a dedicated HOA attorney better than using a general practice law firm?
A dedicated HOA attorney specializes exclusively in community association law and understands the nuances of Georgia’s Property Owners’ Association Act, the Georgia Condominium Act, the Georgia Nonprofit Corporation Code, and HOA governance complexities that general practice attorneys may not encounter regularly. This specialized knowledge ensures efficient and more accurate guidance, helping associations save resources and avoid costly mistakes that can result from inexperienced counsel.
What should be included in bylaws and declarations?
Bylaws set forth operational guidance, including procedures for board elections, meeting requirements, voting rules, officer duties, records retention and inspection. A community’s declaration establishes, among other things, assessment collection authority, architectural standards, covenant enforcement mechanisms, insurance obligations, easement rights, and amendment processes. These documents must comply with Georgia law and provide the legal framework for the association’s operations, member rights, and board authority.
Can HOA attorneys help streamline board meetings and decisions?
Yes, HOA attorneys can help streamline board meetings and decisions by providing guidance on proper meeting procedures, helping Boards ensure compliance with open meeting requirements, drafting clear agendas and resolutions, and advising on decision-making authority. Legal counsel helps Boards avoid procedural errors that can invalidate actions and ensures meetings are efficient, legally compliant, and productive.
