Generally, condominium associations are governed by owner-elected boards of directors. New communities, however, are controlled by the developer or “declarant”. During developer control, the developer has the right to appoint and remove the members of the association’s board of directors. Sometimes, developers are remiss in their duties and fail to govern the association in a … Read More
Firm News
WCZ to Implement Cutting-edge Casetracker Online Collection Recovery System
September 10, 2012 WCZ COMMUNITY ASSOCIATION BULLETIN WCZ to implement cutting-edge Casetracker online collection recovery system to provide even faster and more efficient service on collection cases. The best lawyers just got better… We are pleased to announce that as of January 1, 2013 all of our community association clients will have access to WCZ’s … Read More
Can You Stop Your Neighbor or A Builder From Building an Inferior Home???
Q: Help! How do I stop someone from building an ugly home in my neighborhood? A: Every homeowner should be concerned about the vacant lots in their subdivision. When the real estate market crashed in 2008, many subdivisions were only partially sold leaving a glut of empty and undeveloped lots in the lurch. If you … Read More
Atlanta Lawyer Wins Defense Verdict in ‘Get Rich Quick’ Plan
An Atlanta lawyer recently won a defense verdict in federal court in Idaho, where jurors took less than two hours to decide that real estate investors weren’t entitled to recover anything from the developer they said defrauded them. Read More from the Daily Report (PDF)
HOAs Can Decide Rules Enforcement
Gwinnett Judge says homeowners associations may choose not to intervene in disputes over covenants by Kathleen Baydala Joyner. Read More from the Daily Report (PDF)
Judge Throw’s out $400,000 Drainage Claim Against the HOA
A Superior Court Judge dismissed the jury trial of an owner’s claim for drainage nuisance in excess of $400,000 against the homeowner’s association shortly following opening statements to the jury by Winter Capriola and Zenner’s litigation team. The owner claimed that the Association was responsible for not preventing the surrounding homeowners from creating a drainage … Read More
I’ll See You In Court!
No matter how good you or your company is, occasionally jobs just go “South.” You may have an unreasonable owner or insurance adjuster; it may be because of industry shortages causing a delay. Regardless, you have tried to negotiate a settlement, but the other side remains unreasonably entrenched. You know you will win big time … Read More
Companies Can Answer Their Own Garnishments in Georgia
Ever since the Georgia Supreme Court approved the UPL Advisory Opinion No. 2010-1 on September 11, 2011, the law in Georgia required entities served with a garnishment to hire an attorney to sign and file the Answer to the garnishment otherwise the entity would be deemed to be engaged in the unlicensed practice of law. All … Read More
11-Lawyer Group Breaks Away from Weinstock & Scavo
A group of 11 lawyers and six paralegals has broken off from Weinstock & Scavo to start Winter Capriola Zenner, led by partners Stephen A. Winter, Steven M. Winter, Richard J. Capriola, Michael J. Zenner, and Marvin P. Pastell II. Read More from the Daily Report (PDF)
Upping your Odds on Getting Paid
Restoration season is upon us and many of us are already working the winter storm that hit after the Windstorm conference. As you gear up, let’s be sure you GET PAID for your work. Nothing is more financial draining on a company than to go unpaid on a project. Not only are the profits loss, … Read More