Tag Archives: Georgia

What is the average cost for a property management company in Marietta, Woodstock and Kennesaw?


Fence 2imagesHOA management companies often work under a contract for a monthly fee. But how is that the amount calculated? In general, it is based on the estimated time needed to perform the tasks outlined in the Management Contract. There is often a workload of tasks that are not considered routine.

So what goes into the monthly management fee? There are fixed costs such as rent, phones, copiers, computers, insurance, and the internet. The workforce is based on the estimated time needed to perform the prescribed work. Total fixed costs and labor plus profit margin are equal to the monthly management fee. It is common to divide this number by the total number of units / lots. (In Georgia, the average is between $ 10-25/door for condominiums.)  Size and staff required matters: HOA’s pay less per home.

Typically, an Owners Association will be assigned a manager, an accountant, a maintenance supervisor, and possibly an administrative assistant to the account. The administrator can manage 10-15 accounts.

Staff salary levels can have a major impact on management fees. If a Homeowners Association wants experienced professionals, there is a price to pay. A qualified HOA manager attends seminars, has credentials and professional designations and focuses exclusively on HOA management. The Homeowners Association will benefit from this training and experience so expect to pay accordingly.

Managers spend much of their time to prepare and monitor Board and Annual meetings. For a typical board meeting, the manager gathers information and prepares  reports, reviews the financial statements and relevant correspondence.  The Board puts together packages or emails messages to each member.

Most Board and Annual meetings are held in the evenings from Monday to Friday at the Homeowners Association so that the manager is not required to work weekends; which costs money to Homeowners Association, this is incorporated into the contract. After the meeting, the Community Association Manager has a long list to follow-up on which occupies most of the following week. A manager can spend many hours on business related to the meeting.

Another cost savings is in charge of managing insurance claims and damage reconstruction. Insurance inquiries can take many hours of a manager’s time. If the management contract specifically provides that the insurance claim work is an additional cost to the HOA, the management company can collect the insurance claim by the time it takes to manage a claim and the renovation work. A similar principle is the time spent on collections or legal action against a delinquent account. This time, management will be charged to the HOA.
Are disclosure statements provided to homeowners who are selling their homes and lenders to buyers? The management company  bills owners and buyers so that the Homeowners’ Association does not assume the costs.

These are just some ways that management costs can be cut. Be sensitive to the time of your manager and not pile on unnecessary tasks that ultimately increase the costs. While it is important to get what you pay for, it is equally important to pay extra for additional services. The best approach is to establish an alliance with the management company and adjust the time and workload demands.

HOA managers are dedicated and waiting to serve. Put them to work for your homeowners association and actually rejoice in the carefree lifestyle advertised in the brochure.

Riverside Property Management is a Homeowners association management company management company proudly serving Roswell, Alpharetta, Buckhead, Marietta and all of North Georgia. Riverside is also an expert Georgia condo association management company and high rise Atlanta association management company. To find out more about Riverside Property Management and why it is one of Georgia’s fastest growing property management companies, go to www.riversidepropertymgt.com. You’ll be glad you did.  (678) 866-1436

Should Your Atlanta HOA Adopt The Georgia Property Owners Act?


Quantcast

(678) 866-1436

www,riversidepropertymgt.com

Why Your Atlanta HOA May Want to Adopt the POA.

In 1994, the Georgia Legislature adopted the Property Owners’ Association Act (“POA”). The POA provides significant advantages to homeowners associations. Here are some of the most important advantages of the POA:

1.   Automatic Statutory Liens

After submitting to the POA, an association no longer needs to file liens at the county courthouse for unpaid assessments or other charges. Instead, the POA creates an automatic statutory lien against a delinquent owner’s lot for any sums owed to the association. The POA provides that the declaration of covenants itself serves as notice that there is a lien on every lot in the community for any unpaid assessment or other charges. As a result, closing attorneys, title examiners, purchasers or owners must contact the association for a statement of any amounts owed to the association prior to concluding a sale or refinance of the lot, or risk the existence of a lien. If the association is not paid out of the proceeds of the sale or refinance, the lien continues against the lot and will generally have priority over subsequent liens and mortgages.

Another benefit of the POA’s automatic lien is that it protects the association even if the association’s records have incorrect or misspelled owner names. Recorded liens are only effective if filed under the correct owner names. If the association’s records have an owner’s name misspelled the recorded lien may be ineffective. The POA makes the lien effective, even if you have incorrect or no information about an owner.

2.   Buyers and Sellers are Jointly and Severally Liable to Pay Assessments
The POA includes another provision that helps strengthen an association’s assessment collection powers. The POA makes buyers and sellers jointly and severally liable for all unpaid assessments. This means that, if the automatic statutory lien is not paid at the closing, the association can proceed against the new owner, who will be personally liable for all amounts owed prior to the closing.
3.   Tenants are Obligated to Comply With Association Regulations
The POA also requires that both owners and tenants must comply with all the provisions of the declaration of Covenants and the association’s rules and regulations.
4.   Fines and Suspension of Privileges
The POA gives homeowners associations a statutory power to assess fines against violators and to suspend the common area use rights of violators, if allowed in the Covenants. Fines constitute a lien against the violator’s lot, and the ability to fine significantly strengthens the association’s powers to enforce the Covenants and the rules and regulations.
5.   Late Fees and Interest
Submission to the POA allows homeowners associations to charge a late fee equal to the greater of $10.00 or ten percent (10%) of the amount due, and interest at a rate of ten percent (10%) per annum on unpaid assessments and charges, if allowed by the Covenants.
6.   Recovery of Attorney’s Fees from Owners
The POA authorizes the recovery of the association’s costs of collection of the delinquent assessments, including reasonable attorney’s fees actually incurred. This provision is extremely helpful with judges who otherwise are reluctant to grant the association its attorneys fees, when it sues delinquent or violating owners.
7.   Perpetual Duration
Prior to 1993, Georgia law at Code Section 44-5-60(d)(1) generally provided that Covenants expire after twenty years. That statute was amended in 1993 to permit Covenants to automatically renew, but the Georgia courts have held that Covenants in communities that were recorded prior to 1994 do not receive the benefit of the new 1994 law. One of the most important benefits of the POA is that it has a provision that states Georgia Code Section 44-5-60(d)(1) shall not apply to any Covenants contained in any instrument submitted to the POA. That means that if a community’s Covenants were recorded prior to 1994, submission to the POA now will eliminate the possibility that the Covenants will expire after twenty years.

8.   Ease of Adoption
In most communities, Board members can quickly and easily adopt the POA by obtaining the consent of the association members by mail or by going door to door, depending upon the specific amendment provisions within a community’s governing documents.

Once in place, the POA provides clear advantages to homeowners associations seeking to maximize their collections.

Riverside Property Management is a Homeowners association management company management company proudly serving Roswell, Alpharetta, Buckhead, Marietta and all of North Georgia. Riverside is also an expert Georgia condo association management company and high rise Atlanta association management company. To find out more about Riverside Property Management and why it is one of Georgia’s fastest growing property management companies, go to www.riversidepropertymgt.com. You’ll be glad you did.

Think Before You Lease Your HOA Amenities to Outside-Residents


Many associations are considering a range of revenue-generating measures to offset ever-tightening budgets. But before you rent out your clubhouse or sell memberships to your golf course, pool, tennis courts, or other facilities to non-owners, keep a few critical rules in mind.

Think About It

1) Consider the liability. The biggest issue that keeps associations from renting out their facilities to non-owners is liability. Check with your insurance carrier to find out if injuries to non-owners and injuries caused by non-owners would be covered under your current policy. Chances are they won’t, and it’ll be much more expensive to expand your policy to include that coverage. Once you know the additional insurance costs, you need to weigh them against the potential new revenue to determine whether the financial gain adequately offsets the added cost.

2) Which facilities will you rent? Don’t automatically assume that you should rent all your facilities to the public. For example, you may find that it’s too expensive and the liability is too great to allow public assess to your pool, but the increased insurance costs and limited risk of personal injury in allowing non-owners to use your clubhouse is acceptable. Evaluate each amenity individually before making any decisions.

3) Who’s in, and who’s out? Ask yourself whether it’s necessary—and permissible—to place limits on whom you’ll allow to be guests. For instance, your association might be heavily populated by seniors who prefer not to lounge at the pool while children happily scream and perform cannonballs. But banning children might open your association up to family law discrimination claims, even if those claims end up being frivolous. Similarly, opening your golf course to novice and sometimes ill-behaved players may transform your residents’ peaceful round of golf into a high-tension activity. On the other hand, allowing an aerobics instructor to conduct classes in your gym or allowing personal trainers to use the same facilities to train nonresidents during certain hours may not bother residents—who may actually appreciate the convenience of those services. In addition, you may be able to require instructors or trainers to include your association as an additional insured under their liability insurance policy, which would limit your liability. Whatever the amenity, get residents’ feedback on whether they’ll feel comfortable sharing it with non-residents.

4) Know the laws that apply. Remember that once you allow the public to use your facilities, your association will be subject to new laws, such as the Americans with Disabilities Act (ADA). Do your facilities meet the requirements of the ADA? If not, what would it cost to bring them up to compliance, and do those costs outweigh the revenue? Also, renting out your clubhouse for such events as weddings and parties will open up the issue of liquor liability. You can require that guests not bring alcohol onto your property, but that rule can be hard to enforce, and it may limit the facility’s appeal. If you allow the consumption of alcohol, you’ll again have to check with your insurer to determine how that affects your coverage.

5) Don’t forget the added expenses. It sounds great to be able to supplement your association’s income, but how many people will sign up to use your newly available facilities if you don’t market them? You’ll probably have to pay a salesperson or marketing firm to advertise your facilities, so be sure to add those expenses into your cost versus revenue calculation.

There are so many issues to consider before allowing nonresidents to use your facilities that it’s unwise to make the decision without professional guidance. So be sure to run your ideas by an attorney or professional management association with experience on the issue. Reviewing these five questions with your board and researching insurance costs in advance will help you be prepared and minimize the time and money you spend to get that critical advice.

Source: http://www.communityassociationmanagement.com/facilities-a-maintenance/amenities/

Call Riverside Property Management of Kennesaw for more information!

678-866-1436 or www.riversidepropertymgt.com

Duties of the Architectural Control Committee or ACC


Green Initiatives for HOA's

Are you getting ready to make an addition to your house or build a new shed or fence in your back yard? Before you break out the miter saw, make sure to get your plans approved by our association’s architectural committee.

While it may seem arbitrary from an individual homeowner’s standpoint, the architectural committee looks out for the entire community. Aside from stopping residents from painting pink polka dots on their houses, the committee’s job is to make sure that the size and style of the project, the type of building materials being used and the overall look of the new structure adhere to the association’s design requirements. Not only does this keep the community looking cohesive, it also helps to keep property values up by preventing individual structures from standing out. Of course, it’s also important to note that unapproved structures might legally have to be removed at the owner’s expense, so save yourself money and headaches by getting approval before building.

So when you’re ready to start your new project, or if the design of your project changes midway through building it, send your plans to the architectural committee first so that we can make sure they’re in compliance with the association’s design standards. If we do find any issues, we’ll let you know what they are and try to help you come up with other options. We appreciate all the hard work residents have done to make their homes and this community beautiful—help us keep this association looking great by keeping us in the loop of all your building projects.

Riverside Property Management is a Homeowners association management company management company proudly serving Roswell, Alpharetta, Buckhead, Marietta and all of North Georgia. Riverside is also an expert Georgia condo association management company and high rise Atlanta association management company. To find out more about Riverside Property Management and why it is one of Georgia’s fastest growing property management companies, go to www.riversidepropertymgt.com. You’ll be glad you did.  (678) 866-1436

[contact-form][contact-field label="Name" type="name" required="1"/][contact-field label="<a class="zem_slink" title="Unicode and email" href="http://en.wikipedia.org/wiki/Unicode_and_email&quot; target="_blank" rel="wikipedia">Email</a>" type="email" required="1"/][contact-field label="Website" type="url"/][contact-field label="Comment" type="textarea" required="1"/][/contact-form]

Duties of the Architectural Control Committee or ACC


Green Initiatives for HOA's

Are you getting ready to make an addition to your house or build a new shed or fence in your back yard? Before you break out the miter saw, make sure to get your plans approved by our association’s architectural committee.

While it may seem arbitrary from an individual homeowner’s standpoint, the architectural committee looks out for the entire community. Aside from stopping residents from painting pink polka dots on their houses, the committee’s job is to make sure that the size and style of the project, the type of building materials being used and the overall look of the new structure adhere to the association’s design requirements. Not only does this keep the community looking cohesive, it also helps to keep property values up by preventing individual structures from standing out. Of course, it’s also important to note that unapproved structures might legally have to be removed at the owner’s expense, so save yourself money and headaches by getting approval before building.

So when you’re ready to start your new project, or if the design of your project changes midway through building it, send your plans to the architectural committee first so that we can make sure they’re in compliance with the association’s design standards. If we do find any issues, we’ll let you know what they are and try to help you come up with other options. We appreciate all the hard work residents have done to make their homes and this community beautiful—help us keep this association looking great by keeping us in the loop of all your building projects.

Riverside Property Management is a Homeowners association management company management company proudly serving Roswell, Alpharetta, Buckhead, Marietta and all of North Georgia. Riverside is also an expert Georgia condo association management company and high rise Atlanta association management company. To find out more about Riverside Property Management and why it is one of Georgia’s fastest growing property management companies, go to www.riversidepropertymgt.com. You’ll be glad you did.  (678) 866-1436

[contact-form][contact-field label="Name" type="name" required="1"/][contact-field label="<a class="zem_slink" title="Unicode and email" href="http://en.wikipedia.org/wiki/Unicode_and_email&quot; target="_blank" rel="wikipedia">Email</a>" type="email" required="1"/][contact-field label="Website" type="url"/][contact-field label="Comment" type="textarea" required="1"/][/contact-form]

 

How to Overcome a Lazy Board of Directors in Your HOA


A stagnant board of directors slows down the business initiatives of an Association and may cause the Community to lag behind comparable neighborhoods. Overcoming stagnation at an HOA requires establishing more open lines of communication with board members and seeking to identify key problems. Solving those same problems may also require the removal of board members in favor of more progressive executive minds.

Present Accurate Information

An obstinate board of directors may be unreceptive to vague concepts and generalized initiatives in the absence of hard facts and current comparisons. Arming yourself with thorough research into your proposal and/or requests compels board members to connect with your idea in a way that’s relevant to the geographic area. For example, presenting a proposal for tennis court lighting could use marketing research to indicate a residents (and guests-ALTA) need for features your new lighting will serve.

Listen to the Board

Candid conversation between you as a homeowner or investor and a Homeowners’ Association board of directors may reveal issues within the board that are causing the stagnation among its members. Opening up these issues and finding workable solutions to problems can make board members more receptive to new ideas because you’re seeking to address existing concerns even while moving the Community ahead. This builds a climate of trust between you and board members and lays the groundwork for more open communication in the future.

Gain Voting Rights

When reason and a well-crafted proposal fail, reaching a stagnant board of directors may involve accumulating enough power to remove certain members in favor of new voices. Homeowners have the right to elect and remove board members because they have equal ownership of the common areas. If you have the neighborhood backing, accumulating enough interest to call a vote for the removal of board members is a matter of lobbying. The Governing Documents (Covenants and By-Laws) or articles of incorporation contain the rules detailing the exact amount of votes required to gain this power. Ousting key dissenting board members may be sufficient to convince the remaining board members to listen more closely to new initiatives.

Riverside Property Management, Inc. is a leading provider of Homeowner Association management services in the North Atlanta area.  Including, but not limited to:  all accounting procedures, vendor/contract management, covenant enforcement and management consulting services.  Call today for a free quote on management of your HOA, POA or Condo Association at 678-866-1436 or go to www.riversidepropertymgt.com.

 

Homeowners Associations in Marietta and Woodstock, GA


Atlanta at Night

Real estate developers usually create a homeowners association to control the appearance and managing of common areas in the land being developed. Upon selling a preset number of homes in the developed residential subdivision, it is turned over to the homeowners of the subdivision. There comes a time though that this association would need some form of help from experts to make sure that the subdivision will be a great place to live in.

This is where HOA managers come in. If you are living in Georgia and you think that your homeowners association is in need of professional guidance, you are in luck as there are good HOA managers in the city.  When searching you might want to consider this helpful website.  Before you work with one though, make sure that they offer plenty of services that will satisfy the needs of the association and that you have a good understanding of what your associations needs are so you can communicate those clearly to the community association management company.

Common features include HOA managers attending annual board meetings. This way, they would be able to gauge properly the progress of the association in terms of obtaining its goals. It would also enable them to see in what facet is the association lacking in terms of focus. This would allow them to be able to provide enough input that the whole association would benefit from.

The annual budget of the homeowners association is a delicate matter and it needs to be properly managed. Thus, it would be a good thing to have an HOA management company that would be able to provide professional guidance to the board of directors in formulating the annual budget. This way, the association would be able to make the most out of its budget. With that in mind, all residents of the subdivision would be able to benefit greatly from the money they have put in the association.

On the meeting that HOA managers would attend, they also have to be able to present a recap of the past year’s budget and its appropriations. This would allow the members of the association to see where the money went. This would provide transparency which is a very important thing especially with money involved.

These are the most common things that you should look for in an HOA manager or HOA management company. They would be handling very vital functions and thus should have the right background for the job. Apart from having these most common features as part of their service, they should be able to provide you with enough proof that they have extensive experience in such endeavors.  Also ask them to show you the certifications the staff has from the industry educational organizations.  This educational experience will allow you to understand the time and energy the HOA property management company has invested to prepare to help your Homeowner Association or Condominium Association.

Call (678) 866-1436 for more information!  www.riversidepropertymgt.com

Riverside Property Management in Kennesaw works with homeowner and condo associations providing a variety of management, code enforcement, consulting and educational services, reserve studies, budgeting assistance and maintenance planning expertise.

 

Think Before You Lease Your HOA Amenities to Outside-Residents


Many associations are considering a range of revenue-generating measures to offset ever-tightening budgets. But before you rent out your clubhouse or sell memberships to your golf course, pool, tennis courts, or other facilities to non-owners, keep a few critical rules in mind.

Think About It

1) Consider the liability. The biggest issue that keeps associations from renting out their facilities to non-owners is liability. Check with your insurance carrier to find out if injuries to non-owners and injuries caused by non-owners would be covered under your current policy. Chances are they won’t, and it’ll be much more expensive to expand your policy to include that coverage. Once you know the additional insurance costs, you need to weigh them against the potential new revenue to determine whether the financial gain adequately offsets the added cost.

2) Which facilities will you rent? Don’t automatically assume that you should rent all your facilities to the public. For example, you may find that it’s too expensive and the liability is too great to allow public assess to your pool, but the increased insurance costs and limited risk of personal injury in allowing non-owners to use your clubhouse is acceptable. Evaluate each amenity individually before making any decisions.

3) Who’s in, and who’s out? Ask yourself whether it’s necessary—and permissible—to place limits on whom you’ll allow to be guests. For instance, your association might be heavily populated by seniors who prefer not to lounge at the pool while children happily scream and perform cannonballs. But banning children might open your association up to family law discrimination claims, even if those claims end up being frivolous. Similarly, opening your golf course to novice and sometimes ill-behaved players may transform your residents’ peaceful round of golf into a high-tension activity. On the other hand, allowing an aerobics instructor to conduct classes in your gym or allowing personal trainers to use the same facilities to train nonresidents during certain hours may not bother residents—who may actually appreciate the convenience of those services. In addition, you may be able to require instructors or trainers to include your association as an additional insured under their liability insurance policy, which would limit your liability. Whatever the amenity, get residents’ feedback on whether they’ll feel comfortable sharing it with non-residents.

4) Know the laws that apply. Remember that once you allow the public to use your facilities, your association will be subject to new laws, such as the Americans with Disabilities Act (ADA). Do your facilities meet the requirements of the ADA? If not, what would it cost to bring them up to compliance, and do those costs outweigh the revenue? Also, renting out your clubhouse for such events as weddings and parties will open up the issue of liquor liability. You can require that guests not bring alcohol onto your property, but that rule can be hard to enforce, and it may limit the facility’s appeal. If you allow the consumption of alcohol, you’ll again have to check with your insurer to determine how that affects your coverage.

5) Don’t forget the added expenses. It sounds great to be able to supplement your association’s income, but how many people will sign up to use your newly available facilities if you don’t market them? You’ll probably have to pay a salesperson or marketing firm to advertise your facilities, so be sure to add those expenses into your cost versus revenue calculation.

There are so many issues to consider before allowing nonresidents to use your facilities that it’s unwise to make the decision without professional guidance. So be sure to run your ideas by an attorney or professional management association with experience on the issue. Reviewing these five questions with your board and researching insurance costs in advance will help you be prepared and minimize the time and money you spend to get that critical advice.

Source: http://www.communityassociationmanagement.com/facilities-a-maintenance/amenities/

Call Riverside Property Management of Kennesaw for more information!

678-866-1436 or www.riversidepropertymgt.com

Homeowners Associations in Marietta and Woodstock, GA


Atlanta at Night

Real estate developers usually create a homeowners association to control the appearance and managing of common areas in the land being developed. Upon selling a preset number of homes in the developed residential subdivision, it is turned over to the homeowners of the subdivision. There comes a time though that this association would need some form of help from experts to make sure that the subdivision will be a great place to live in.

This is where HOA managers come in. If you are living in Georgia and you think that your homeowners association is in need of professional guidance, you are in luck as there are good HOA managers in the city.  When searching you might want to consider this helpful website.  Before you work with one though, make sure that they offer plenty of services that will satisfy the needs of the association and that you have a good understanding of what your associations needs are so you can communicate those clearly to the community association management company.

Common features include HOA managers attending annual board meetings. This way, they would be able to gauge properly the progress of the association in terms of obtaining its goals. It would also enable them to see in what facet is the association lacking in terms of focus. This would allow them to be able to provide enough input that the whole association would benefit from.

The annual budget of the homeowners association is a delicate matter and it needs to be properly managed. Thus, it would be a good thing to have an HOA management company that would be able to provide professional guidance to the board of directors in formulating the annual budget. This way, the association would be able to make the most out of its budget. With that in mind, all residents of the subdivision would be able to benefit greatly from the money they have put in the association.

On the meeting that HOA managers would attend, they also have to be able to present a recap of the past year’s budget and its appropriations. This would allow the members of the association to see where the money went. This would provide transparency which is a very important thing especially with money involved.

These are the most common things that you should look for in an HOA manager or HOA management company. They would be handling very vital functions and thus should have the right background for the job. Apart from having these most common features as part of their service, they should be able to provide you with enough proof that they have extensive experience in such endeavors.  Also ask them to show you the certifications the staff has from the industry educational organizations.  This educational experience will allow you to understand the time and energy the HOA property management company has invested to prepare to help your Homeowner Association or Condominium Association.

Call (678) 866-1436 for more information!  www.riversidepropertymgt.com

Riverside Property Management in Kennesaw works with homeowner and condo associations providing a variety of management, code enforcement, consulting and educational services, reserve studies, budgeting assistance and maintenance planning expertise.

Should Your Marietta HOA Adopt The Georgia Property Owners Act?


Quantcast

(678) 866-1436

www,riversidepropertymgt.com

Why Your Atlanta HOA May Want to Adopt the POA.

In 1994, the Georgia Legislature adopted the Property Owners’ Association Act (“POA”). The POA provides significant advantages to homeowners associations. Here are some of the most important advantages of the POA:

1.   Automatic Statutory Liens

After submitting to the POA, an association no longer needs to file liens at the county courthouse for unpaid assessments or other charges. Instead, the POA creates an automatic statutory lien against a delinquent owner’s lot for any sums owed to the association. The POA provides that the declaration of covenants itself serves as notice that there is a lien on every lot in the community for any unpaid assessment or other charges. As a result, closing attorneys, title examiners, purchasers or owners must contact the association for a statement of any amounts owed to the association prior to concluding a sale or refinance of the lot, or risk the existence of a lien. If the association is not paid out of the proceeds of the sale or refinance, the lien continues against the lot and will generally have priority over subsequent liens and mortgages.

Another benefit of the POA’s automatic lien is that it protects the association even if the association’s records have incorrect or misspelled owner names. Recorded liens are only effective if filed under the correct owner names. If the association’s records have an owner’s name misspelled the recorded lien may be ineffective. The POA makes the lien effective, even if you have incorrect or no information about an owner.

2.   Buyers and Sellers are Jointly and Severally Liable to Pay Assessments
The POA includes another provision that helps strengthen an association’s assessment collection powers. The POA makes buyers and sellers jointly and severally liable for all unpaid assessments. This means that, if the automatic statutory lien is not paid at the closing, the association can proceed against the new owner, who will be personally liable for all amounts owed prior to the closing.
3.   Tenants are Obligated to Comply With Association Regulations
The POA also requires that both owners and tenants must comply with all the provisions of the declaration of Covenants and the association’s rules and regulations.
4.   Fines and Suspension of Privileges
The POA gives homeowners associations a statutory power to assess fines against violators and to suspend the common area use rights of violators, if allowed in the Covenants. Fines constitute a lien against the violator’s lot, and the ability to fine significantly strengthens the association’s powers to enforce the Covenants and the rules and regulations.
5.   Late Fees and Interest
Submission to the POA allows homeowners associations to charge a late fee equal to the greater of $10.00 or ten percent (10%) of the amount due, and interest at a rate of ten percent (10%) per annum on unpaid assessments and charges, if allowed by the Covenants.
6.   Recovery of Attorney’s Fees from Owners
The POA authorizes the recovery of the association’s costs of collection of the delinquent assessments, including reasonable attorney’s fees actually incurred. This provision is extremely helpful with judges who otherwise are reluctant to grant the association its attorneys fees, when it sues delinquent or violating owners.
7.   Perpetual Duration
Prior to 1993, Georgia law at Code Section 44-5-60(d)(1) generally provided that Covenants expire after twenty years. That statute was amended in 1993 to permit Covenants to automatically renew, but the Georgia courts have held that Covenants in communities that were recorded prior to 1994 do not receive the benefit of the new 1994 law. One of the most important benefits of the POA is that it has a provision that states Georgia Code Section 44-5-60(d)(1) shall not apply to any Covenants contained in any instrument submitted to the POA. That means that if a community’s Covenants were recorded prior to 1994, submission to the POA now will eliminate the possibility that the Covenants will expire after twenty years.

8.   Ease of Adoption
In most communities, Board members can quickly and easily adopt the POA by obtaining the consent of the association members by mail or by going door to door, depending upon the specific amendment provisions within a community’s governing documents.

Once in place, the POA provides clear advantages to homeowners associations seeking to maximize their collections.

Riverside Property Management is a Homeowners association management company management company proudly serving Roswell, Alpharetta, Buckhead, Marietta and all of North Georgia. Riverside is also an expert Georgia condo association management company and high rise Atlanta association management company. To find out more about Riverside Property Management and why it is one of Georgia’s fastest growing property management companies, go to www.riversidepropertymgt.com. You’ll be glad you did.