Although the community association form of development has been part of the Atlanta landscape for decades, new laws, cases and practices affect this niche on a regular basis. As a result, it is imperative for developers, brokers, salespeople, closing attorneys, property managers and legal practitioners in the real estate field to familiarize themselves with certain provisions common in most community association documents, recent court decisions affecting this area of law and the numerous statutory requirements with which an association must and/or may choose to comply. This 'Community Association Law' seminar will provide a basic overview of the law in this field as it affects these types of specialists.
8:30 a.m. - 9:30 a.m.
I. Types And Development Of
A. Legal And Physical Characteristics Of Condominiums
1. Units, Common Elements And Limited Common Elements
2. Percentage Interest
3. Ownership vs. Maintenance Obligations
B. Legal And Physical Characteristics Of Property Owner Associations And Common Law Homeowner Associations
C. Legal Instruments Creating And Governing The Community
9:30 a.m. - 10:00 a.m.
II. Transition And Turnover From
B. Legal Issues
C. Financial Issues
D. Structural/Operational Issues
10:00 a.m. - 10:10 a.m.
10:10 a.m. - 11:15 a.m.
III. Ethics And Obligations Of The
Association, Directors And Officers
A. Standard Of Conduct
B. Limitation Of Liability
C. Conflicts Of Interest
D. Books And Records Of The Association
11:15 a.m. - 12:15 p.m.
IV. Budgets, Assessments And
A. Elements Of A Budget-Income/Expenses/Reserves
B. Determining The Assessment
C. Special Assessments
D. Specific Assessments
E. Assessment Collection Procedures
1. Lien Rights – Condominiums/Property Owners' Association
2. Lien Rights – Common Law Homeowner Associations
3. Lawsuits And Judgments
4. Bankruptcy And Foreclosure
F. Financial Statements
H. Property Taxes
I. Income Taxes
J. 1099 Forms
12:15 p.m. - 1:15 p.m.
Lunch (On Your Own)
1:15 p.m. - 1:45 p.m.
V. Association Meetings
B. Annual Meetings
C. Special Meetings
D. Board Meetings
1:45 p.m. - 2:15 p.m.
VI. Fundamentals Of Community
A. Property Insurance
2. Homeowner And Property Owner Associations
4. Amount Of Insurance
5. Allocation Of Insurance Deductibles
B. Liability Insurance
C. Directors' And Officers' Liability Insurance
D. Fidelity Insurance
2:15 p.m. - 2:25 p.m.
2:25 p.m. - 3:30 p.m.
VII. Covenants And Covenant
A. Standing To Sue
B. Against Whom May The Covenant Be Enforced?
C. Defenses To The Enforcement Of Covenants
D. Duration And Enforcement Of Covenants
3:30 p.m. - 4:30 p.m.
VIII. Special Legal Issues
A. The Fair Housing Act
B. The Americans With Disabilities Act
C. Telecommunications Act Of 1996