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	<title>Legal Knowledge &#8211; HOA ALLIANCE</title>
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	<title>Legal Knowledge &#8211; HOA ALLIANCE</title>
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		<title>Annual Community Health Fair</title>
		<link>https://www.hoaalliance.org/annual-community-health-fair-2/</link>
		
		<dc:creator><![CDATA[HOA Alliance]]></dc:creator>
		<pubDate>Thu, 22 Jan 2026 18:23:49 +0000</pubDate>
				<category><![CDATA[Legal Knowledge]]></category>
		<category><![CDATA[HOA Elections]]></category>
		<guid isPermaLink="false">https://www.hoaalliance.org/annual-community-health-fair-2/</guid>

					<description><![CDATA[A virtual training session designed to educate advocates on how to effectively communicate with lawmakers regarding HOAs and related associations. Join us on January 23, 2026, for essential insights into the advocacy process.]]></description>
		
		
		
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		<item>
		<title>Annual Community Health Fair</title>
		<link>https://www.hoaalliance.org/annual-community-health-fair/</link>
		
		<dc:creator><![CDATA[HOA Alliance]]></dc:creator>
		<pubDate>Thu, 22 Jan 2026 18:23:24 +0000</pubDate>
				<category><![CDATA[Legal Knowledge]]></category>
		<category><![CDATA[Community Events]]></category>
		<category><![CDATA[HOA Elections]]></category>
		<guid isPermaLink="false">https://www.hoaalliance.org/annual-community-health-fair/</guid>

					<description><![CDATA[Excitement is in the air as the annual Community Health Fair approaches! This is the perfect opportunity for individuals and families to access valuable health screenings, educational resources, and wellness activities. Don't miss your chance to engage with local health providers and learn about essential health topics to improve well-being in the community.]]></description>
		
		
		
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		<item>
		<title>Get Fruity Cafe Launches New Location</title>
		<link>https://www.hoaalliance.org/get-fruity-cafe-launches-new-location/</link>
		
		<dc:creator><![CDATA[HOA Alliance]]></dc:creator>
		<pubDate>Wed, 14 Jan 2026 19:00:56 +0000</pubDate>
				<category><![CDATA[Affordable Housing]]></category>
		<category><![CDATA[Community News]]></category>
		<category><![CDATA[Legal Knowledge]]></category>
		<guid isPermaLink="false">https://www.hoaalliance.org/get-fruity-cafe-launches-new-location/</guid>

					<description><![CDATA[Join the celebration as we unveil the latest culinary destination at the new Get Fruity Cafe! Located at 1876 Harvard Ave, this vibrant cafe is set to delight taste buds with an array of fresh smoothies, wraps, salads, and more. Experience the perfect blend of flavors in a welcoming atmosphere that emphasizes healthy living and community spirit. Don't miss out on the delicious offerings waiting just for you!]]></description>
		
		
		
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		<title>Understanding Georgia Code Section 44-11-30: How Georgia Homeowners Can Remove Unwanted Intruders</title>
		<link>https://www.hoaalliance.org/understanding-georgia-code-section-44-11-30-how-georgia-homeowners-can-remove-unwanted-intruders/</link>
		
		<dc:creator><![CDATA[HOA Alliance]]></dc:creator>
		<pubDate>Thu, 08 Jun 2023 15:02:28 +0000</pubDate>
				<category><![CDATA[Legal Knowledge]]></category>
		<category><![CDATA[HOA Legal]]></category>
		<guid isPermaLink="false">https://www.hoaalliance.org/?p=324978</guid>

					<description><![CDATA[As a homeowner, protecting your property rights is of utmost importance. In Georgia, there is a specific code, Section 44-11-30, that empowers homeowners to reclaim their property from intruders who wrongfully occupy it. Understanding this code and its provisions can help Georgia homeowners take action against unwelcome occupants. Section 44-11-30 outlines the process for ejecting intruders and reclaiming possession of your property. It starts with the homeowner, their agent, or their attorney-in-fact preparing a written affidavit. &#160; This affidavit asserts their good faith claim to the described property and highlights that it is currently occupied by another person who lacks a legitimate claim to possession. The section is outlined below: &#160; Section 44-11-30. Manner of ejecting intruders; affidavit; ejection by sheriff; counteraffidavit &#160; When any person, either by himself, his agent, or his attorney in fact, shall take and subscribe an affidavit in writing before any officer authorized to administer an oath setting forth that he claims, in good faith, the right of possession to the described land or tenement and that such land or tenement is in the hands of another named person who does not in good faith claim a right to such possession and yet refuses to abandon the same, it shall be the duty of the sheriff of the county where the land or tenement is located, upon receiving such affidavit, to exhibit such affidavit to the person described as being in possession of such land or tenement at the earliest possible day and to turn such person out of possession unless the person in possession tenders to the sheriff a counteraffidavit stating that he claims, in good faith, a legal right to the possession of the land or tenement. &#160; Taking Action with an Affidavit: To set the wheels in motion, the prepared affidavit must be taken and subscribed before an officer authorized to administer oaths. This could be a notary public or another designated official who can officially witness the affidavit. The affidavit serves as a crucial piece of evidence supporting your rightful possession of the property. &#160; Involving the Sheriff: With the completed and notarized affidavit in hand, it&#8217;s time to involve the sheriff. Deliver the affidavit to the sheriff of the county where the property is located. The sheriff will review the affidavit and proceed with the necessary steps to restore your possession of the property. &#160; The Sheriff&#8217;s Role: Once the sheriff receives the affidavit, they will approach the person named in the affidavit as the current possessor of the property. The sheriff will present the affidavit, notifying the occupant of your claim and demanding their immediate evacuation. &#160; Resolution or Counteraffidavit: If the occupant cannot provide a valid counteraffidavit stating a genuine claim of legal right to possess the property, the sheriff will proceed with the eviction process. This enables you to regain control of your property and ensures that intruders are lawfully removed. &#160; Conclusion: Section 44-11-30 provides Georgia homeowners with a powerful tool to protect their property rights and remove unwelcome intruders. By understanding this code and following the outlined procedures, homeowners can assert their legal claim to possession and ensure the rightful use and enjoyment of their property. Remember, it is essential to consult with a legal professional experienced in property law to ensure compliance with local regulations and to guide you through the process effectively. &#160; Note: The blog post content provided is a general overview. Please consult with a legal professional for personalized advice and to ensure compliance with applicable laws and regulations. &#160;  ]]></description>
		
		
		
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		<title>What laws govern community associations?</title>
		<link>https://www.hoaalliance.org/what-laws-govern-community-associations/</link>
		
		<dc:creator><![CDATA[HOA Alliance]]></dc:creator>
		<pubDate>Thu, 30 Mar 2023 15:16:44 +0000</pubDate>
				<category><![CDATA[Legal Knowledge]]></category>
		<category><![CDATA[HOA Legal]]></category>
		<guid isPermaLink="false">https://www.hoaalliance.org/?p=323451</guid>

					<description><![CDATA[Written By Corro&#8217;ll Driskell &#160; First, I am not a practicing attorney but have been involved in quite a bit of litigation as a Board member and have conducted years of research. This is a &#8220;Tales from the Trenches&#8221; moment. All we have to face is some facts about community living; some are litigious people in our communities. They expect you to follow the rules but think they are excluded. Please share your experiences with the Georgia Senate P.O.A., H.O.A. &#38; C.A. Study Committee  https://hoafyi.news/aboutsr615committee. They are researching community member experiences to enact lawful changes.  &#160; P.O.A.A. on to the point of my post. All community association members should review their governing documents ( Declaration, By-laws, Article of Incorporation, and any rules and regulations). &#160; Your declaration and CC&#38; R (Restrictions) are the most crucial documents. Yes, you will find various types of people in your community that believes their property rights far outweigh the collective rights of a community. Once you sign your closing documents to purchase your homes, you give up much of your property rights. Remember, you agreed to the restrictions at closing. It is a contract between your family and the community association.      The problem has always been a combination of non-compliant members and the miseducation of Board members. Many join the board without reading over the governing documents ( Declaration, By-laws, Article of Incorporation, any rules and regulations). We can take this; further; they need to be aware of the federal &#38; state laws [Americans with Disabilities Act of 1990, Fair Housing Act, Fair Debt Collection Practices Act, Freedom to Display the American Flag Act; Over-the-Air Reception Devices Rule, United States Bankruptcy Code; The Servicemembers Civil Relief Act; Georgia Property Owner’s Association Act; Georgia Condominium Association Act; Georgia Nonprofit Corporation CodeH.O.A.OA); Cooperatives; Fair Housing Act; Fair Debt Collection Practices ActF.D.C.P.A.PA)] that govern all community associations.  &#160; Ref Georgia Code: &#160; O.C.G.A. §44-3-222 &#160; AKA, Property Owners&#8217; Association ActThey is movingP.O.A.A.AA] &#160; ([POAA] This code governs the formation, management, powers, and operation of applicable associations explicitly) &#160; O.C.G.A. §44-3-70 &#160; AKA Condominium Association Act [C.A.] &#160; ([C.A.] is similar to the [P.O.A.A.], except that it applies to condominium associations rather than homeowners associations. ) &#160; O.C.G.A. §14-3-101 &#160; AKA Homeowner&#8217;s Associations [H.O.A.] &#160; ([H.O.A.] This code governs associations in Georgia and is typically organized as a non-profit or not-for-profit corporation. The fact that H.O.A. community associations are organized as non-profits. The H.O.A. corporation is governed by the Georgia Nonprofit Corporation Code, specifically regarding corporate structure and procedures. &#160; I include federal laws that impact community associations and provide some protections for people interested in communities and members. &#160; Federal Fair Debt Collections Practices Act [F.D.C.P.A.], 15 U.S.C. §1692 &#160; (F.F.D.C.P.A.) regulates the conduct of “debt collectors” collecting debts owed by “consumers” to third parties. Due to its use of a management company or other company, a community association is considered a third party. &#160; During my five-year tenure on the Board, we were self-managed. As a result of our community association&#8217;s self-management, we may have yet to qualify as debt collectors. &#160; If a homeowner&#8217;s debt to the community association at &#38;3,000 or more, Georgia’s Industrial Loan Act, O.C.G.A. §7-3-1 may apply. Please clarify with your attorney. &#160; Fair Housing Act [FHA] 42 U.S.C. §3601 &#38; 42 U.S.C. §3604 &#160; The F.H.A. was enacted to prevent housing discrimination based on “protected classes,” including race, color, religion, sex, familial status, disability, and national origin. &#160; Georgia’s Fair Housing Law, O.C.G.A. §8-3-200 [G.F.H.A.]   (G.F.H.A. applies the protections provided under the F.H.A. at the state level. The Fair Housing Division of the Georgia Commission on Equal Opportunity administers the state law. &#160; I hope that this post helps. &#160; Source: What laws govern community associations?]]></description>
		
		
		
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		<item>
		<title>Chains of a POA: How the Georgia property owners association act implicates equal protection?</title>
		<link>https://www.hoaalliance.org/chains-of-a-poa-how-the-georgia-property-owners-association-act-implicates-equal-protection/</link>
		
		<dc:creator><![CDATA[HOA Alliance]]></dc:creator>
		<pubDate>Tue, 21 Mar 2023 15:23:21 +0000</pubDate>
				<category><![CDATA[Legal Knowledge]]></category>
		<category><![CDATA[HOA Legal]]></category>
		<guid isPermaLink="false">https://www.hoaalliance.org/?p=323407</guid>

					<description><![CDATA[&#160; &#160; The Georgia Property Owners Association Act (POAA) sets forth requirements and regulations for homeowners associations (HOAs) that voluntarily submit to the act and property owners&#8217; associations created using the specific POAA in Georgia. The POAA does not explicitly implicate equal protection, but provisions within the law can impact equal protection. &#160; For example, the POAA requires that property owners&#8217; associations adopt rules and regulations that are &#8220;reasonable and uniformly applied.&#8221; This requirement should ensure that all association members are treated fairly and equally, without discrimination based on race, gender, personal feelings, or religion. &#160; Property owners&#8217; association members who feel mistreated or discriminated against have the POAA to provide them with a dispute resolution process. This process provides an impartial forum for resolving disputes and can help ensure that they afford all association members equal protection under the law. Numerous boards fail to abide by the law; to counter this failure, many homeowners need more financial resources to take legal action. &#160; However, it is essential to note that the POAA does not explicitly address all potential issues related to equal protection in the context of property owners&#8217; associations. Associations must still be mindful of their obligations under federal and state anti-discrimination laws, such as the Fair Housing Act, and take steps to ensure they are not engaging in discriminatory practices that would violate equal protection. &#160; Violation of equal protection feeds into my argument that moving from an HOA to a POA is self-defeating and does not benefit the entire community. Please allow me to elaborate further. I will keep this high level because of the required words to further my thoughts. #1 this is a further infringement of members&#8217; personal property rights. #2 this invites more powerful abuse of community association power and further enhances the ability of the Board of Directors. Despite the collective membership&#8217;s size, the few will hold the majority of the power.   &#160; Source: Chains of a POA: How the Georgia property owners association act implicates equal protection?]]></description>
		
		
		
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		<title>HOA Dispute Resolution In The U.S. Per State</title>
		<link>https://www.hoaalliance.org/hoa-dispute-resolution-in-the-u-s-per-state/</link>
		
		<dc:creator><![CDATA[HOA Alliance]]></dc:creator>
		<pubDate>Wed, 15 Mar 2023 16:21:57 +0000</pubDate>
				<category><![CDATA[Legal Knowledge]]></category>
		<category><![CDATA[HOA Legal]]></category>
		<guid isPermaLink="false">https://www.hoaalliance.org/?p=323386</guid>

					<description><![CDATA[UNDERSTANDING DISPUTE RESOLUTION PER STATE The first thing an association must do when it encounters such a scenario is to look to its own internal dispute resolution process. An association’s governing documents will often have language on how to deal with disputes. This may start with a formal meeting of the parties involved in the dispute, where they can attempt to resolve their disagreement through conversation. Of course, this is only as effective as the parties allow it to be. If the parties don’t cooperate and aren’t open to discussing the issue at hand, nothing productive will come out of this process. Many states require HOAs to have a formal dispute resolution process internally. For instance, under Illinois law, it’s mandatory for associations to have a complaint policy and dispute resolution form. WHAT IS ALTERNATIVE DISPUTE RESOLUTION? If the parties fail to resolve their dispute, the association can use alternative means of dispute resolution. This is also the best course of action if an HOA’s governing documents don’t provide an internal dispute resolution process. But, what is alternative dispute resolution? Simply put, it’s a form of dispute resolution that involves the use of an objective third party but without taking the matter to court. Parties engaged in ADR can use mediation or arbitration. Mediation &#124; Alternative Dispute Resolution Mediation is when a neutral third party listens to accounts from all parties and helps them reach a middle ground. This form of ADR works without forcing any party to agree to the resolution. In other words, all the parties involved must reach a resolution as a group. No one can force another to agree to the solution. On the other hand, arbitration is when an arbitrator decides the outcome of the dispute for the parties. The arbitrator listens to all arguments and reviews the evidence from all parties. Then, the arbitrator makes a decision, which the parties must follow. Many states require homeowners associations to first go through mediation or arbitration when faced with a dispute. This is to limit the number of HOA cases presented in court, which can be very expensive. Additionally, it’s worth noting that neither mediation nor arbitration necessarily requires the help of a lawyer. ALTERNATIVE DISPUTE RESOLUTION PER STATE Homeowners who wish to find a mediator can use this website to look for one according to their location and area of practice. For arbitrators, homeowners can file a case here. Apart from mediation and arbitration, homeowners can also file a complaint with a state agency. ALABAMA In Alabama, homeowners and HOAs can seek help from the Alabama Center for Dispute Resolution. Homeowners can also find mediators and arbitrators through the American Arbitration Association and the Alabama Academy of Mediators &#038; Arbitrators. Consumers may also file a complaint with the Alabama Attorney General’s Office, though it is unclear whether the office handles HOA issues. ALASKA Homeowners in Alaska can find a mediator or arbitration through the American Arbitration Association. Alaska currently doesn’t regulate homeowners associations. Consumers may also file a complaint with the Alaska Attorney General’s Office, though it is unclear whether the office handles HOA issues. ARIZONA Since 2016, the Arizona Department of Real Estate has been handling HOA disputes. Homeowners can petition the department for a hearing by filling out this form. Homeowners may also find mediators and arbitrators through the American Arbitration Association and the Arizona Academy of Mediators &#038; Arbitrators. ARKANSAS Homeowners in Arkansas can find a mediator or arbitration through the American Arbitration Association and the Arkansas Academy of Mediators &#038; Arbitrators. Consumers may also file a complaint with the Arkansas Attorney General’s Office, though it is unclear whether the office handles HOA issues. CALIFORNIA Homeowners can turn to the Office of the Attorney General for select HOA-related complaints. For mediators and arbitrators, homeowners can refer to the American Arbitration Association or the California Academy of Distinguished Neutrals. COLORADO In Colorado, the Department of Regulatory Agencies regulates homeowners associations. Homeowners can file a complaint through the department’s website. Alternatively, homeowners can look for mediators through the American Arbitration Association, the Mediation Association of Colorado, the Colorado Bar Association, the Colorado Academy of Mediators &#038; Arbitrators, or the Office of Dispute Resolution. CONNECTICUT Homeowners in Connecticut can find a mediator or arbitration through the American Arbitration Association or the Connecticut Academy of Mediators &#038; Arbitrators. Consumers may also file a complaint with the Connecticut Attorney General’s Office, though it is unclear whether the office handles HOA issues. DELAWARE In Delaware, homeowners can turn to the Office of the Ombudsperson for the Common Interest Community for help in resolving disputes. The division works under the Department of Justice. Homeowners can also look for third-party neutrals through the American Arbitration Association or the Delaware Academy of Mediators &#038; Arbitrators. FLORIDA Homeowners in Florida can file a complaint with the Office of the Attorney General or the Department of Business &#038; Professional Regulation. For condominiums, you can file a complaint with the Office of the Condominium Ombudsman. Here is a copy of their comprehensive instructions for filing a complaint against condominium associations or managers. You may also call or e-mail your questions concerning your condominium to the Ombudsman at ombudsman@myfloridalicense.com. To find a mediator, homeowners can go to the Florida Dispute Resolution Center, the Florida Circuit-Civil Mediator Society, the American Arbitration Association, or the Florida Academy of Professional Mediators. GEORGIA In Georgia, homeowners can seek help from the Office of Dispute Resolution. Homeowners can also look for third-party neutrals through the American Arbitration Association or the Georgia Academy of Mediators &#038; Arbitrators. HAWAII Homeowners in Hawaii can find a mediator or arbitration through the American Arbitration Association, the Mediation Center of the Pacific, West Hawaii Mediation Center, or the Ku’ikahi Mediation Center. For complaints, consumers can refer to the Regulated Industries Complaints Office, though it is unclear whether the office handles HOA issues. IDAHO Homeowners in Idaho can find a mediator or arbitration through the American Arbitration Association or the Idaho Academy of Mediators &#038;]]></description>
		
		
		
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		<title>Inheriting a business according to the law: What you need to know</title>
		<link>https://www.hoaalliance.org/inheriting-a-business-according-to-the-law-what-you-need-to-know/</link>
		
		<dc:creator><![CDATA[HOA Alliance]]></dc:creator>
		<pubDate>Tue, 03 Jan 2023 17:56:09 +0000</pubDate>
				<category><![CDATA[Trending Topics]]></category>
		<category><![CDATA[Legal Knowledge]]></category>
		<guid isPermaLink="false">https://www.hoaalliance.org/?p=322922</guid>

					<description><![CDATA[Written by Lawyer Monthly You may even need to sort through belongings, accounts, or property, which can prolong the grieving process. But what if you inherit a business from someone? Unless you’ve had a long time to prepare, the responsibility could quickly become overwhelming. A business is considered part of an estate for inheritance tax. When faced with the ins and outs of this process, there are a few crucial things to bear in mind. Business relief Business relief is available  to help cope with the impact of inheritance tax, which applies to certain kinds of assets, including premises, unlisted shares, and equipment. When bequeathed a share or entirety of a business, whether to keep it in the family or protect what’s been built, estate planning in advance is crucial to reduce the overall impact of potential IHT. By factoring in business relief under the guidance of financial advisors, the beneficiaries could benefit from greatly reduced tax obligations. Order for probate To begin giving out assets according to wishes expressed in a person’s Will, executors need the legal right and documentation to start that process. This authorisation is called a grant of probate. There are exceptions to the need for probate, but it’s commonly required. Although the application process itself may not take long,  you may be waiting for several months for it to be processed . However, IHT is usually payable before probate can go through. As such, for larger estates with a lot of IHT to pay, this may hinder the release of assets to beneficiaries. For such situations,  executors’ loans bridge this gap, allowing the application to start sooner  by having the inheritance tax paid directly to HMRC. Once the estate’s assets have been released, the funding is repaid from these coffers. Ownership After settling the tax responsibilities of the estate, you’ll be left with the decision of whether to run the business, sell it, or share it. The answer to this is incredibly personal: each case is different. If you’ve inherited a family business and have been preparing to take over, it could mean more to you to keep the business going. To be sure you’re fully aware of what it entails, you should look into the financial documents and succession plans. The last thing you need is a nasty surprise further down the line. If it’s a skilled trade and you aren’t a specialist in the sector, bringing on partners to run it could be the answer. As the identity of the organisation will be altered in this situation, you should keep everyone up to date with changes to keep a smooth transition. Alternatively, it could suit you best to sell it. Running a business is an immense undertaking for which there may not be space in your life. Shared from Lawyer-Monthly.com]]></description>
		
		
		
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