![]() Georgia Condominium Association Act: This is the primary law that governs residential condos in Georgia. ![]() Georgia state laws play a big role in how HOAs operate in Atlanta and other parts of the state. HOAs are largely governed by state law despite the fact that there are a number of federal laws that directly impact their function. State Laws and Regulations That Govern Atlanta HOAs Over-the-Air Reception Devices Rule: Under OTARD, restrictions that impair the installation, use, or maintenance of antennas that are used to receive video programming are prohibited.Īre you thinking about selling your Atlanta home? You can use our free valuation tool to find out what your home is worth. Lienholders, including homeowners associations, aren't allowed to pursue non-judicial foreclosures. Under this Act, creditors (not just debt collectors) can't obtain default judgments against servicemembers. The Servicemembers Civil Relief Act: This Act protects servicemembers from foreclosures and collections actions while in service. It relates to HOAs in that they can't violate the automatic stay of a bankruptcy case by taking actions to collect assessments that are subject to the case. United States Bankruptcy Code: The US bankruptcy code is incredibly complex. Under the Freedom to Display the American Flag Act of 2005, common interest communities cannot adopt or enforce regulations that prevent or restrict an HOA member from flying the US flag on their property. It is applicable to HOAs when they turn unpaid assessments over to a collection agency or attorney.įreedom to Display the American Flag Act: This is a law that is specifically geared towards HOAs, which makes it quite unique. Under this law, an HOA can't take adverse action that impacts a person's right to rent, buy, or enjoy the use of property based on belonging to a protected class.įair Debt Collection Practices Act (FDCPA): This law regulates the activities of debt collectors. In terms of an HOA, the most relevant activity is "public accommodations," though big HOAs might also be regulated by the ADA as an employer.įair Housing Act: The FHA prohibits discrimination based on race, religion, color, familial status, sex, national origin, or disability in housing. ![]() Before we look at the HOA laws and regulations specific to the state of Georgia, let's look at the federal laws that govern the management and operation of homeowners associations in the US.Īmericans With Disabilities Act: The Americans with Disabilities Act of 1990 (ADA) was put in place in order to prohibit discrimination against disabled individuals in public accommodations, employment, communications, transportation, and access to government services and programs. ![]()
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