JCCA Newsletter April 2015

Sometimes you enter a position and immediately learn all that you need to know. Then, there are times where you never learn or know what you need until the moment demands an action. The Johns Creek Community Association (JCCA) has planned workshops with these scenarios in mind.  The March 31, 2015 workshop was specifically developed for those who have recently acquired leadership positions on their HOA board, or those who needed a refresher on the policies and procedures that accompany their position.

Attorney Jonathan Benator of Lazega & Johanson facilitated the March 31 workshop and covered numerous subjects, including Board of Director roles, covenants vs. rules and regulations, and how to contract with vendors.

Workshop Facilitator Jonathan Benator is a senior associate at Lazega & Johanson LLC and specializes in residential real estate law. “I work closely with and advise Boards of Directors and property managers on a daily basis, so it was indeed an honor to speak to the citizens of Johns Creek,” Benator said. “HOAs are a major part of our communities, so I thank everyone who attended and hope the information will be found useful.”

Despite the set agenda, many JCCA members began to immediately ask questions that covered bylaws, assessments and liens, towing,  maintenance provisions, and even guidance on how to handle dead trees that may fall in your yard. Benator was also able to give much needed advice on issues that may be overlooked.

“You should renew your community association’s corporate registration every year with the secretary of state to make sure that your community association is in ‘good standing,'” Benator said. “If you fail to pay the annual fee for several years, your community association will be administratively dissolved.”

He also encouraged members to check their governing documents to ensure that the covenants don’t expire soon or require a vote to renew. Benator also pointed out several helpful tips listed below:

• The only way to switch from a voluntary to mandatory community association is for the individual lot owners to consent to be bound by the covenants

• Some governing documents state that ACC applications are automatically deemed approved after a certain period of time (i.e., 30, 45, or 60 days) if they are not expressly denied

• Some community association’s bylaws include a catch-all phrase that states, in addition to specific enumerated powers, that the Board of Directors can do all those things not expressly reserved to be done by the membership

“This was an immensely useful workshop that serves to educate the members and everyone living in a JCCA neighborhood,” said JCCA President Judy LeFave. “The notes and the suggestions that Jonathan offered were priceless and I’m hopeful that he will return for another session.”

The next JCCA education workshop is in the process of being developed, so please stay tuned for more details!