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# Winter Capriola Zenner, LLC

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## Posts

- [Construction Disputes: Litigation Triggers in Georgia](https://wczlaw.com/construction-disputes-litigation-triggers-in-georgia/) - Learn the key factors that often lead to construction disputes in Georgia and how to address issues promptly, safeguard your interests, and prevent costly litigation.
- [Fiduciary Duty Claims: When Business Partners Put Their Own Interests First](https://wczlaw.com/fiduciary-duty-claims-when-business-partners-put-their-own-interests-first/) - Learn when fiduciary duty claims arise in Georgia business disputes and how business owners can protect their interests and legal rights.
- [Fraud and Nondischargeable Debt in Georgia Bankruptcy](https://wczlaw.com/fraud-and-nondischargeable-debt-in-georgia-bankruptcy/) - Learn how bankruptcy courts in Georgia evaluate fraud claims, nondischargeable debt disputes, and contested bankruptcy litigation proceedings.
- [Can Your Association Be Liable for Criminal Activity in the Community?](https://wczlaw.com/can-your-association-be-liable-for-criminal-activity-in-the-community/) - Learn when Georgia community associations may face liability for criminal activity, how foreseeability impacts claims, and ways to reduce risk.
- [Georgia Property Owners' Bill of Rights Act: What Georgia HOAs Need to Know](https://wczlaw.com/georgia-property-owners-bill-of-rights-act-what-georgia-hoas-need-to-know/) - Learn how the Georgia Property Owners' Bill of Rights Act impacts HOAs, condominiums, collections, registration requirements, and compliance.
- [When Must the Association Intervene in a Neighbor-to-Neighbor Dispute?](https://wczlaw.com/when-must-the-association-intervene-in-a-neighbor-to-neighbor-dispute/) - Learn when an HOA or condominium association must intervene in neighbor disputes, including nuisance complaints, enforcement obligations, and fair housing laws.
- [Understanding Georgia Boundary Line Disputes](https://wczlaw.com/understanding-georgia-boundary-line-disputes/) - Learn how Georgia law addresses boundary line disputes to help property owners and developers protect their interests and minimize the risk of litigation.
- [Tenant Responsibilities in Georgia Commercial Leases](https://wczlaw.com/tenant-responsibilities-in-georgia-commercial-leases/) - Learn key tenant responsibilities in Georgia commercial leases and how a real estate attorney can help manage risk and avoid disputes to protect your business.
- [Joshua Jones Closes Two Atlanta Beltline Real Estate Transactions](https://wczlaw.com/joshua-jones-closes-two-atlanta-beltline-real-estate-transactions/) - Winter Capriola Zenner closed two real estate transactions related to the Atlanta Beltline for a Midtown Atlanta master association and a townhome association.
- [Beth Taylor Secures Condominium Association Jury Verdict](https://wczlaw.com/beth-taylor-secures-condominium-association-jury-verdict/) - Winter Capriola Zenner secures jury verdict for a Georgia condominium association involving the enforcement of governing documents and the collection of fines.
- [WCZ Supports CAI Georgia as 2026 Precious Metal Sponsor](https://wczlaw.com/wcz-supports-cai-georgia-as-2026-precious-metal-sponsor/) - Winter Capriola Zenner is a 2026 Precious Metal Sponsor of CAI Georgia, supporting education, advocacy, and leadership for community associations statewide.
- [Four WCZ Attorneys named to 2026 Super Lawyers Lists](https://wczlaw.com/four-wcz-attorneys-named-to-2026-super-lawyers-lists/) - Four WCZ attorneys were named to the 2026 Super Lawyers and Rising Stars lists, recognizing leadership in Georgia construction, real estate, and commercial law.
- [Atlanta Construction Law Firm Secures Fraud Judgment Against Contractor](https://wczlaw.com/atlanta-construction-law-firm-secures-fraud-judgment-against-contractor/) - Winter Capriola Zenner secured a $463,515 fraud judgment against an unlicensed contractor and ensured the debt was ruled nondischargeable in bankruptcy.
- [Commercial Lease Pitfalls for Property Owners](https://wczlaw.com/commercial-lease-pitfalls-for-property-owners/) - This post highlights how to protect your investment and avoid costly disputes with a comprehensive, clearly structured commercial lease agreement for your property.
- [Joshua Jones and Spencer Farmery Named Partners](https://wczlaw.com/joshua-jones-and-spencer-farmery-named-partners/) - Congratulations to Winter Capriola Zenner Attorneys Joshua Jones and Spencer Farmery for being named partners.
- [Georgia HOA Law Basics for HOA, POA, and Condo Boards](https://wczlaw.com/georgia-hoa-law-basics-for-hoa-poa-and-condo-boards/) - This guide outlines Georgia-specific rules for community associations and offers practical insights for boards to fulfill their fiduciary duties effectively.
- [Joshua Jones Assists Community Association in Securing Loan](https://wczlaw.com/joshua-jones-assists-community-association-in-securing-loan/) - Joshua F. Jones assisted a townhome community association in securing a $1.25 million loan to fund a critical exterior restoration project.
- [Chambers Recognizes WCZ for Commercial Litigation in Georgia](https://wczlaw.com/chambers-recognizes-wcz-for-commercial-litigation-in-georgia/) - Winter Capriola Zenner (WCZ) has been recognized in the Chambers Spotlight Georgia 2026 Guide for General Commercial Litigation in Georgia.
- [WCZ Obtains Favorable Eleventh Circuit Ruling in Real Estate Bankruptcy Matter](https://wczlaw.com/georgia-real-estate-law-firm-obtains-bankruptcy-appeal/) - Richard Capriola and Eric Coleman successfully prepared and litigated a complex Georgia bankruptcy appeal before the Eleventh Circuit.
- [Beth Taylor Testifies on Georgia Community Association Bills](https://wczlaw.com/beth-taylor-testifies-on-georgia-community-association-bills/) - Georgia community association attorney Beth Taylor provides legislative testimony to protect community association rights across the state. Read more.
- [Five WCZ Attorneys Named to 2025 Super Lawyers® Lists](https://wczlaw.com/five-wcz-attorneys-named-to-2025-super-lawyers-lists/) - Five WCZ Attorneys have been named to the 2025 Super Lawyers List, reflecting their knowledge of construction, real estate, and commercial law in Georgia.
- [Kimberly Weber Appointed to Georgia Bar Executive Committee](https://wczlaw.com/kimberly-weber-appointed-to-georgia-bar-executive-committee/) - Georgia Attorney Kimberly Weber appointed to the Executive Committee for the Georgia Bar Association’s Real Property Law Section. Read more.
- [Kelsey Grodzicki Appointed to State Bar of Georgia’s Diversity Committee](https://wczlaw.com/kelsey-grodzicki-appointed-to-state-bar-of-georgias-diversity-committee/) - Kelsey Grozicki, Co-Managing Partner at Winter Capriola Zenner, has been appointed to the State Bar of Georgia’s Diversity Program Committee.
- [Construction Contracts in the Time of the Coronavirus Pandemic](https://wczlaw.com/construction-contracts-in-the-time-of-the-coronavirus-pandemic/) - As cities and states begin to issue executive orders that impose restrictions on the movement of people and operation of businesses, public and commercial construction projects have generally been permitted to continue construction.
- [Governor Kemp Signs Senate Bill to Restrict the Effect of Lien and Bond Waivers](https://wczlaw.com/governor-kemp-signs-senate-bill-to-restrict-the-effect-of-lien-and-bond-waivers/) - On August 5, 2020, Governor Brian Kemp signed Senate Bill 315[1] into law. This bill is designed to reverse the Court of Appeals decision in ALA Construction Services, LLC v. Controlled Access, Inc.[2] concerning the types of rights waived by potential lien claimants when executing a lien waiver. In ALA Construction, the parties disputed whether
- [Discrepancy in Subcontractor’s Name on Contracts Prevents Summary Judgment in Favor of Lien Claimant](https://wczlaw.com/discrepancy-in-subcontractors-name-on-contracts-prevents-summary-judgment-in-favor-of-lien-claimant/) - The recent case Georgia Court of Appeals case of Optum Construction Group, LLC v. City Electric Supply Company, underscores the importance of properly naming the parties when entering into contracts.
- [Reminders from the Surfside Condo Collapse](https://wczlaw.com/reminders-from-the-surfside-condo-collapse/) - Now that some time has passed since the tragic collapse of the Surfside condominium building in Florida, two questions continue to ring louder than all of the others.
- [Chadd Reynolds Elected Member-At-Large and Newsletter Editor of the Atlanta Bar Association’s Construction Section](https://wczlaw.com/chadd-reynolds-elected-member-at-large-and-newsletter-editor-of-the-atlanta-bar-associations-construction-section/) - Chadd Reynolds has been elected as a Member-at-Large and will serve as the Newsletter Editor of the Construction Section of the Atlanta Bar Association
- [Riane N. Sharp Elected Member of the State Bar of Georgia Young Lawyer Division Representative Council](https://wczlaw.com/riane-n-sharp-elected-member-of-the-state-bar-of-georgia-young-lawyer-division-representative-council/) - Riane N. Sharp has been elected as a member of the State Bar of Georgia Young Lawyer Division Representative Council and appointed to the State Bar of Georgia Young Lawyer Division Board of Directors.
- [Government Contract Bid Rejected for Listing COVID-19 in Force Majeure Clause](https://wczlaw.com/government-contract-bid-rejected-for-listing-covid-19-in-force-majeure-clause/) - On December 3, 2021, the U.S. Government Accountability Office (“GAO”) upheld the Department of the Army, United States Army Corps of Engineers’ rejection of a bid containing COVID-19 in its force majeure clause.
- [Seven Winter Capriola Zenner Attorneys Named to 2022 Georgia Super Lawyers and Rising Stars Lists](https://wczlaw.com/seven-winter-capriola-zenner-attorneys-named-to-2022-georgia-super-lawyers-and-rising-stars-lists/) - In the 2022 Georgia Super Lawyers Magazine, seven Winter Capriola Zenner attorneys have been recognized for their outstanding legal work. Read more.
- [Stephen A. Winter to Speak at Cai-Georgia’s Inaugural Education Seminar January, 2017](https://wczlaw.com/stephen-a-winter-to-speak-at-cai-georgias-inaugural-education-seminar-january-2017/) - Managing Partner Stephen A. Winter will be speaking at the inaugural CAI-Georgia Education Seminar on January 27, 2017 at the Westin Atlanta Perimeter North Hotel (“Seminar”). Stephen will be speaking on Established Solutions for Emerging Trends including, but not limited to, leasing, online rental websites, corporate occupancy, entering into agreements with cable & high-speed internet
- [Importance of Subordination of Development Loans to Restrictive Covenants](https://wczlaw.com/importance-of-suboridination-of-development-loans-to-restrictive-covenants/) - Serious problems can occur if a lender fails to subordinate its development loan to a community’s restrictive covenants, restrictions, and easements during or prior to development. If the loan goes into default and the lender forecloses, the result can be chaos for the association and property owners. Developers and property managers should be cognizant early
- [Regulating Drones In Your Community](https://wczlaw.com/regulating-drones-in-your-community/) - As aerial drones become more prevalent, they raise a variety of issues that can affect communities. Drones can crash into people, vehicles, or property due to mechanical or operator error, they can make annoying noises, and, since many drones are equipped with cameras, they raise serious privacy concerns. Additionally, the regulation of drones is in
- [Are You Misclassifying Your Workers as Independent Contractors?](https://wczlaw.com/are-you-misclassifying-your-workers-as-independent-contractors/) - Classifying workers as either employees or independent contractors is not always easy. Simply labeling a worker as an independent contractor does not in itself establish the actual status of that worker in relation to the employer. The consequences of a misclassification can be disastrous to employers, resulting in government fines, back taxes, unpaid benefits, and
- [Community Associations and Online Forums](https://wczlaw.com/community-associations-and-online-forums/) - As the Internet has become the go-to source of information for most people, the first instinct of many residents of community associations who want information about their community or wish to communicate with the board of directors, their property manager, or their neighbors, is to go online. In addition to maintaining a website to allow
- [Premises Liability in Georgia: Are You Doing Enough to Protect Against Third Party Criminal Acts?](https://wczlaw.com/premises-liability-in-georgia-are-you-doing-enough-to-protect-against-third-party-criminal-acts/) - Under some circumstances, owners and occupiers of land can be held liable for third party criminal acts that take place on their property. These types of lawsuits, which often involve apartment complexes, condominiums, hotels, bars, convenience stores, shopping malls, or workplaces, can result in significant costs to the property owner. In order to avoid these
- [Georgia’s Revised Garnishment Statute and Procedures](https://wczlaw.com/georgias-revised-garnishment-statute-and-procedures/) - Georgia’s garnishment statute, O.C.G.A. § 18-4-1 et seq., was recently amended by the Georgia legislature in response to a court decision which deemed it unconstitutional. As garnishment is an important tool in the collections process, it is important to understand the changes to the process and procedure in the new statute in order to ensure
- [Negligent Hiring in Georgia: Do Your Homework Before Hiring](https://wczlaw.com/negligent-hiring-in-georgia-do-your-homework-before-hiring/) - In Georgia, employers are required to exercise ordinary care in the selection of employees. This means that if an employer knew, or should have known, of an employee’s tendency to engage in certain behavior and that behavior results in harm to another while the employee is acting in the course and scope of his employment,
- [What Every Contractor Should Know About Mediation](https://wczlaw.com/what-every-contractor-should-know-about-mediation/) - There is a common misunderstanding about what mediation is and how it can be used to resolve a construction dispute. Client questions like “is mediation binding” and “will the mediator decide who wins” highlight the confusion between mediation, arbitration and trial. Mediation is essentially a meeting where adverse parties sit down and try to negotiate
- [Richard Capriola & Eric Coleman to Speak at AWCI’s Annual Convention in Las Vegas March, 2017](https://wczlaw.com/richard-capriola-eric-coleman-to-speak-at-awcis-annual-convention-in-las-vegas-march-2017/) - Partner Richard Capriola and Senior Associate Eric Coleman have been invited to speak at the Association of the Wall and Ceiling Industry’s (“AWCI”) Annual Convention in Las Vegas, Nevada, March 29, 2017. Their presentation will focus on asserting and defending delay claims, from key contract terms through the claims process and litigation. Drawing on their
- [WCZ Obtains Attorneys-Fees Award Against Rialto For Guarantor](https://wczlaw.com/wcz-obtains-attorneys-fees-award-against-rialto-for-guarantor/) - WCZ recently obtained two favorable decisions from the Georgia Court of Appeals in favor of its client, an individual who had guaranteed several multi-million-dollar real-estate loans. In the two related cases, a Rialto subsidiary (“Rialto”) was found to have twice breached its Settlement Agreement with WCZ’s client and was ordered to pay the legal fees
- [New Approach to Doggy Business](https://wczlaw.com/new-approach-to-doggy-business/) - Pet waste in common areas is an unfortunate and recurring issue in many communities. One would assume and expect that neighbors would extend the common courtesy of cleaning up after their dogs. However, as we have all experienced firsthand (or firstfoot), some residents apparently feel that they have no such obligation. This is not only
- [Best Practices for Handling Construction Delays](https://wczlaw.com/best-practices-for-handling-construction-delays/) - Delays are a common occurrence on construction projects and they can turn an otherwise profitable contract into a nightmare of cost overruns and liability. Not only are they common, construction delays are typically complicated. Usually, the contract terms deal broadly with who carries the risk for delays and the extent of damages that may be
- [COVID-19: Will Insurers Cover Losses Due to a Stoppage of Business? – How My Existing Policy Will Be Applied](https://wczlaw.com/covid-19-will-insurers-cover-losses-due-to-a-stoppage-of-business-how-my-existing-policy-will-be-applied/) - Over the last several weeks, the coronavirus, more specifically identified as COVID-19, has meaningfully impacted nearly every facet of American daily life. Businesses are among those hardest hit by state and local shelter in place orders and the closure of all but essential businesses. As such, many business owners will look to their property insurance
- [Impact of City of Atlanta’s Executive Order on Construction Projects](https://wczlaw.com/impact-of-city-of-atlantas-executive-order-on-construction-projects/) - On March 23, 2020, the Mayor of the City of Atlanta, Keisha Lance-Bottoms, issued Executive Order Number 2020-21 (the “Order”), declaring there to be an emergency within the City of Atlanta due to the CONVID-19 pandemic. Generally, the Order requires individuals to stay at their place of residence and prohibits all gatherings of any number
- [Meetings in the Time of COVID-19](https://wczlaw.com/meetings-in-the-time-of-covid-19/) - The COVID-19 outbreak (and the resulting CDC and government advice to limit the size of gatherings) hit Georgia while annual meeting season for community associations was still in full swing. Many communities had scheduled their annual meeting and sent out notices, and others were in the process of doing so. This has resulted in many
- [An Easier Path to Adopting the POAA](https://wczlaw.com/an-easier-path-to-adopting-the-poaa/) - The Georgia Property Owners Association Act (the “POAA”) was adopted by the Georgia Legislature in 1994. The POAA is an elective statute, which means that a community of townhomes or single family homes can decide whether or not it wishes to become subject to its provisions. In contrast, the Georgia Condominium Act is a mandatory
- [Short Term Vacation Rentals:  A Second (or Third) Look](https://wczlaw.com/short-term-vacation-rentals-a-second-or-third-look/) - With spring and summer vacation season upon us it may be worth taking a second or even a third look at short term vacation rentals in your community. Online services such as Airbnb and VRBO are growing in popularity. These services allow property owners to list their properties for rental on a short term basis
- [Winter, Capriola and Coleman Selected to 2015 Super Lawyers](https://wczlaw.com/winter-capriola-and-coleman-selected-to-2015-super-lawyers/) - WCZ partners Steven M. Winter and Richard J. Capriola and Senior Associate Eric Coleman have been selected to the 2015 Georgia Super Lawyers list. Each year, no more than five percent of the lawyers in the state are selected by the research team at Super Lawyers to receive this honor. Super Lawyers, a Thomson Reuters
- [Flood Insurance Alert!!!](https://wczlaw.com/flood-insurance-alert/) - In light of the historic floods that have occurred in recent years, it is important for all property owners and condominium associations to determine whether they are required to obtain, and if they have obtained, sufficient flood insurance for their property. Flood insurance is provided through the National Flood Insurance Program (“NFIP”), which was established
- [Condominium Wave On The Way](https://wczlaw.com/condominium-wave-on-the-way/) - Coming Soon: A Wave of Condominium Conversions During the Great Recession and its immediate aftermath, the construction of both apartment buildings and condominiums came to a virtual standstill. With the economy now on the mend, cranes once again dot the skyline of Atlanta. Most of the new multifamily residential buildings currently under construction are being
- [WCZ Participates in the 3rd Annual Georgia Legal Food Frenzy Drive Benefitting Atlanta Community Food Bank](https://wczlaw.com/wcz-participates-in-the-3rd-annual-georgia-legal-food-frenzy-drive-benefitting-atlanta-community-food-bank/) - WCZ is proud to announce its participation in the 3rd Annual Georgia Legal Food Frenzy Drive Benefitting Atlanta Community Food Bank. This is the third consecutive year that the State Bar of Georgia in collaboration with The Georgia Food Bank Association has held this great event benefitting a worthy cause. The food drive is a friendly
- [The Leasing Round Around](https://wczlaw.com/the-leasing-round-around/) - The effects of a difficult economy driven by a substantial downturn in the housing market and the rise of investor owned properties are making it challenging for many community associations to effectively enforce covenants prohibiting and/or restricting the leasing of property. These real estate investors include private individuals who wish to rent their property as
- [Richard Capriola selected to 2014 Georgia Super Lawyers list](https://wczlaw.com/richard-capriola-selected-to-2014-georgia-super-lawyers-list/) - WCZ partner Richard J. Capriola has been selected to the 2014 Georgia Super Lawyers list. Each year, no more than five percent of the lawyers in the state are selected by the research team at Super Lawyers to receive this honor. This is the third consecutive year Super Lawyers has honored Rich with this recognition.
- [Eric Coleman selected to 2014 Georgia Rising Stars list](https://wczlaw.com/eric-coleman-selected-to-2014-georgia-rising-stars-list/) - WCZ attorney Eric B. Coleman has been selected to the 2014 Rising Stars list. Each year, no more than 2.5 percent of the lawyers in the state are selected by the research team at Super Lawyers to receive this honor. This is the second consecutive year Super Lawyers has honored Eric with this recognition. Super
- [“Do we still have to?” The question asked across the world](https://wczlaw.com/do-we-still-have-to-the-question-asked-across-the-world/) - As much of the world has gone into quarantine, many businesses have been forced to close to the public, temporarily change the way they do business, or cease operations all together. Companies have started asking whether COVID-19 may excuse them from performance under the force majeure clause in their contract. So, what is force majeure
- [COVID-19 Guidance on Construction Projects](https://wczlaw.com/covid-19-guidance-on-construction-projects/) - These are unusual and unprecedented times as COVID-19 continues to effect people, industries, and governments across the world. Almost all aspects of life will be impacted, including construction projects. If you or your company are involved in a construction project, many unknowns can begin to present themselves. As construction attorneys, we have outlined a few
- [Coronavirus (COVID-19): Small Business Guidance & Loan Resources](https://wczlaw.com/coronavirus-covid-19-small-business-guidance-loan-resources/) - The U.S. Small Business Administration website has several links to loan programs for those impacted by COVID-19, including SBA Economic Injury Disaster Loan Program, SBA Express Bridge Loan, along with additional guidance and resources for the small business owner. WCZ is here to help you navigate these resources during these difficult times. https://www.sba.gov/page/coronavirus-covid-19-small-business-guidance-loan-resources by: Steven
- [All Fulton County Residents Ordered to Shelter In Place](https://wczlaw.com/all-fulton-county-residents-ordered-to-shelter-in-place/) - The Fulton County Board of Health, exercising its broad authority under the current conditions, has issued an Order that all residents of Fulton County are commanded to stay at their place of residence. Only essential activities and essential services are permitted. All gatherings of any number of people outside of a single household or living
- [Richard Capriola & Eric Coleman Present National Webinar to AWCI on the Legal Ramifications of COVID-19](https://wczlaw.com/richard-capriola-eric-coleman-present-national-webinar-to-awci-on-the-legal-ramifications-of-covid-19/) - On April 1, 2020, Richard Capriola and Eric Coleman, both partners at Winter Capriola Zenner, LLC, presented a webinar entitled "Navigating Uncharted Waters: Legal Ramifications of COVDI-19" to the membership of The Association of the Wall and Ceiling Industry ("AWCI"), which represents a nationwide industry comprised 2,200 companies and organizations in the acoustics systems, ceiling
- [Georgia Governor Brian Kemp issues statewide Shelter-in-Place Order](https://wczlaw.com/georgia-governor-brian-kemp-issues-statewide-shelter-in-place-order/) - On April 2, 2020, Georgia Governor Brian Kemp issued a statewide Shelter-in-Place Order. The order narrows, in several important aspects, the definitions of Essential Business that many metro-area businesses had been relying on from local jurisdictions. Importantly, the Governor's Order states that all businesses, establishments, corporations, non-profit organizations, or organizations that are not Critical Infrastructure
- [Going Green to Save Gr$$n - LED Lighting](https://wczlaw.com/going-green-to-save-grn/) - Six years ago when I first heard about legislation requiring the phase out of incandescent light bulbs and their replacement with new $40 light bulbs, I thought to myself; “this is crazy, who would pay $40 for a light bulb?” Thus began my journey into the world of “Green.” Lighting our buildings and homes consumes
- [2014 WCZ Community Association Program Update](https://wczlaw.com/2014-wcz-community-association-program-update/) - Welcome to 2014!!! We take this opportunity to wish all of our clients and friends a happy and healthy New Year. As attorneys, we want to say thank you for entrusting us with your legal needs. We strive to ease the burdens our clients encounter and hope to make your lives easier by taking care
- [Millions In Debtors’ Assets Frozen by WCZ Attorneys After Uncovering Complicated Web of Fraudulent Transfers](https://wczlaw.com/millions-in-debtors-assets-frozen-by-wcz-attorneys-after-uncovering-complicated-web-of-fraudulent-transfers/) - Winter Capriola Zenner LLC (“WCZ”) attorneys Richard J. Capriola and Eric B. Coleman, on behalf of a Georgia community bank, successfully froze millions of dollars of a debtor’s assets, including bank accounts, investment accounts, business interests, and real estate, after uncovering a complicated web of fraudulent transfers. Superior Court Judge W. Kendall Wynne, Jr. entered
- [Tips for a Successful Turnover](https://wczlaw.com/tips-for-a-successful-turnover/) - Turnover, sometimes called transition, is the formal transfer of control of a community association from the developer to the owners. For many associations, turnover is a highly anticipated event because the owners finally have control of and responsibility for the day to day operations of the community. To ensure a smooth transition, there are some
- [Bankruptcy for Associations. It can happen, but should not.](https://wczlaw.com/bankruptcy-for-associations-it-can-happen-but-should-not/) - Things are not looking good for your association. Your association is in such a dire economic crisis that it is unable to fulfill its financial obligations. Forget about landscaping, maintenance and operation of any amenities, and fees for management services. Your association is barely able to maintain association insurance and faces the imminent threat of
- [Entity Ownership and Leasing Restrictions](https://wczlaw.com/entity-ownership-and-leasing-restrictions/) - In the aftermath of the Great Recession, many community associations are faced with an increased number of units or lots owned by corporations, limited liability companies and other legal entities. Some of these entities are family trusts or limited liability companies established for estate purposes and owned and controlled by the people who reside on
- [Water Leaks in Your Condominium???](https://wczlaw.com/water-leaks-in-your-condominium-2/) - Maintenance and Insurance Issues Related to Water Leaks in Condominiums An upstairs Owner at a Condominium has a water leak in his Unit, which results in extensive water damage to multiple Units below. In such a situation, who is financially responsible for the repair and replacement of the property damage sustained at the Condominium? This
- [Roofing Contractors Beware...](https://wczlaw.com/roofing-contractors-beware/) - Mandatory Residential Roofing Contractor Contract Cancellation Period now in Effect in Georgia Roofing contractors in Georgia are, at times, extremely busy. Every year, thunderstorms, tornados, hail, and other severe weather cause significant damage to the roofs of homes throughout the state. Roofing contractors often respond quickly to assess roof damage, perform emergency services before the
- [FHA Releases More Lenient Approval Guidelines](https://wczlaw.com/fha-releases-more-lenient-approval-guidelines/) - On September 13, 2012, the U.S. Department of Housing and Urban Development released Mortgage Letter 2012-18, instituting several temporary, more lenient guidelines for condominium associations to obtain FHA approval. These new guidelines expire on August 31, 2014, unless extended or superseded. According to the FHA, these new guidelines were adopted to address current housing market
- [This Is About Skin Tint, Lawyer For Condo Owner Says Of Lawsuit](https://wczlaw.com/window-tint/) - A case unfolding in fulton county superior court adds a new twist overly tinted windows as a pretext for traffic stops that are actually based on racial or ethnic profiling. Read More from the Daily Report (PDF)
- [Georgia Construction Lien Law Made Easy](https://wczlaw.com/georgia-construction-lien-law-made-easy/) - Georgia’s lien law is designed to protect those who at the request of the property owner or the owner’s representative (i.e., the general contractor) provide materials or services that are used to improve the owner’s property and to provide such persons a means of insuring payment from the property they improved if the owner or
- [WCZ Obtains Another Favorable Ruling](https://wczlaw.com/wcz-obtains-another-favorable-ruling/) - In the spring of 2013, Winter Capriola Zenner, LLC (“WCZ”) secured a favorable arbitration award on behalf of one of the largest specialty subcontractors in the Southeast against one of the largest and oldest construction companies in the Southeast. WCZ’s client was awarded a multi-million-dollar subcontract for the exterior-skin construction, including stucco application, on an
- [A Season for Contracts](https://wczlaw.com/a-season-for-contracts-2/) - As the weather gets warmer and schools start to break for the summer, associations will see an increase in the use of their common areas and other recreational facilities. This is also a time of year when many individuals consider moving and/or deciding to buy a new home. Therefore, associations generally want their common areas
- [Property Management Companies May Not Be “Debt Collectors”](https://wczlaw.com/property-management-companies-may-not-be-debt-collectors-2/) - A property management company collecting assessments is almost always going to fall into the definition of “debt collector” as defined in the Fair Debt Collections Practices Act (“FDCPA”). Falling into this category can make your property management company an easy target for an expensive FDCPA violation lawsuit. The purpose of this article is to discuss
- [Richard Capriola named to Georgia Super Lawyers](https://wczlaw.com/richard-capriola-named-to-georgia-super-lawyers/) - Richard J. Capriola has been named to the Georgia Super Lawyers list as one of the top attorneys in Georgia for 2012 and 2013. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. Super Lawyers, a Thomson Reuters business, is a rating service of outstanding lawyers from more
- [Eric Coleman named to Georgia Rising Stars](https://wczlaw.com/eric-coleman-named-to-georgia-rising-stars/) - Eric B. Coleman has been named to the Georgia Rising Stars list as one of the top up-and-coming attorneys in Georgia for 2013. Each year, no more than 2.5 percent of the lawyers in the state receive this honor. The selection for this respected list is made by the research team at Super Lawyers. Super
- [Heirs Are Personally Liable for Condominium Assessments](https://wczlaw.com/heirs-are-personally-liable-for-condominium-assessments/) - If you own a condominium in Georgia, you are responsible for paying condominium assessments. Georgia courts have traditionally enforced the obligation to pay assessments as an absolute obligation. In an important case for Community Associations, the Georgia Court of Appeals ruled in a recent case that this obligation could be imposed on the heir of
- [Condominium Owners May Seize Control](https://wczlaw.com/condominium-owners-may-seize-control-2/) - 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
- [WCZ to Implement Cutting-edge Casetracker Online Collection Recovery System](https://wczlaw.com/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/) - 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
- [Can You Stop Your Neighbor or A Builder From Building an Inferior Home???](https://wczlaw.com/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
- [Atlanta Lawyer Wins Defense Verdict in ‘Get Rich Quick’ Plan](https://wczlaw.com/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](https://wczlaw.com/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](https://wczlaw.com/judge-throws-out-400000-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
- [I'll See You In Court!](https://wczlaw.com/ill-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
- [Companies Can Answer Their Own Garnishments in Georgia](https://wczlaw.com/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
- [11-Lawyer Group Breaks Away from Weinstock & Scavo](https://wczlaw.com/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](https://wczlaw.com/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,
- [Schwarz v. Bluegreen](https://wczlaw.com/scwarz-v-bluegreen/) - Winter Capriola Zenner’s commercial litigation attorneys, Richard J. Capriola and David B. Weinberg, secured a significant victory on behalf of long-time client, Bluegreen Corporation (NYSE: BXG) and its subsidiary Bluegreen Communities of Georgia, LLC. In a summary judgment issued September 2, 2011, U.S. District Court Judge Lisa Godbey Wood dismissed the plaintiffs’ putative class action
- [Emergency Loans Are Available for Small Businesses - An Overview of the CARES Act’s Paycheck Protection Program](https://wczlaw.com/emergency-loans-are-available-for-small-businesses-an-overview-of-the-cares-acts-paycheck-protection-program/) - In recent weeks, all levels of government have been making tremendous efforts to combat the spread of the coronavirus (COVID-19). On March 27, 2020, the federal government passed what is to date the most sweeping of these efforts, the Coronavirus Aid, Relief, and Economic Security (CARES) Act. The CARES Act’s purpose is to help offset
- [Georgia Governor Brian Kemp Extends the Public Health State of Emergency](https://wczlaw.com/georgia-governor-brian-kemp-extends-the-public-health-state-of-emergency/) - Due to the public health emergency created by the spread of COVID-19, Georgia Governor Brian Kemp declared a Public Health State of Emergency by Executive Order on March 14, 2020. The Public Health State of Emergency was scheduled to terminate on April 13, 2020, however, Governor Kemp proactively renewed it for thirty (30) days. In his
- [The Coronavirus and Commercial Rent Payments](https://wczlaw.com/the-coronavirus-and-commercial-rent-payments/) - Many businesses have been faced with the exact same question, how are they going to pay their rent? The local and state stay-at-home orders have caused many businesses to close all together or suffer severely diminished revenue. Commercial landlords, on the other hand, are relying on tenant rent payments to meet their financial obligations. So,
- [Federal Agencies Publish COVID-19 Guidance for Construction Workers](https://wczlaw.com/federal-agencies-publish-covid-19-guidance-for-construction-workers/) - While the Georgia Governor’s stay-at-home order was allowed to expire on April 30th, 2020, at 11:59 p.m. for most people (except people 65 and older, people in long-term care facilities, and people with moderate to severe asthma and other pre-existing conditions and chronic illnesses), certain federal agencies, the CDC, and OSHA, are continuing to publish
- [Richard Capriola & Eric Coleman Present National Webinar to AWCI on the Legal and Practical Issues of Reopening Construction in the Wake of COVID-19](https://wczlaw.com/richard-capriola-eric-coleman-present-national-webinar-to-awci-on-the-legal-and-practical-issues-of-reopening-construction-in-the-wake-of-covid-19/) - On May 6, 2020, Richard Capriola and Eric Coleman, both partners at Winter Capriola Zenner, LLC, presented a webinar entitled "A Way Forward, Re-Opening Construction Projects during COVID-19" which was Part 2 of their April 1, 2020 Webinar, “Navigating Uncharted Waters: Legal Ramifications of COVDI-19” to the membership of The Association of the Wall and
- [What Governor Kemp’s Executive Order in response to the Coronavirus means for those in the Construction Industry.](https://wczlaw.com/what-governor-kemps-executive-order-in-response-to-the-coronavirus-means-for-those-in-the-construction-industry/) - On April 2, 2020, Georgia Governor Brian Kemp issued an Executive Order (the “Order”) restricting gatherings and business operations in Georgia due to the Coronavirus pandemic. The Order goes into effect at 6:00 p.m. on Friday, April 3, 2020 and expires at 11:59 p.m. on Monday, April 13, 2020. All prior executive orders, including those
- [COVID-19 SBA Relief Loans - Differences between Economic Injury Disaster Loan and Paycheck Protection Program](https://wczlaw.com/covid-19-sba-relief-loans-differences-between-economic-injury-disaster-loan-and-paycheck-protection-program/) - Businesses and organizations face unique challenges in responding to the economic consequences of the COVID-19 (“coronavirus”) pandemic. Leaders across all industries are looking for immediate economic relief to retain employees, pay the bills, and keep the doors open. On Friday, March 27, 2020, the President signed into law the CARES Act, which contains $376 billion
- [Georgia Governor Brian Kemp Issues Suspension of Short-Term Rentals Order](https://wczlaw.com/georgia-governor-brian-kemp-issues-suspension-of-short-term-rentals-order/) - To reduce the spread of COVID-19 and temporarily prevent Georgia from becoming a vacation destination for out-of-state individuals, Georgia Governor Brian Kemp issued a new Executive Order. On April 8, 2020, Governor Kemp issued a state-wide order suspending Short-Term Vacation Rentals through April 30, 2020. "Short-Term Vacation Rentals" includes any transaction for the lease or
- [Governor Kemp’s New Executive Order Concerning Coronavirus Provides Additional Guidance for the Construction Industry](https://wczlaw.com/governor-kemps-new-executive-order-concerning-coronavirus-provides-additional-guidance-for-the-construction-industry/) - On May 12, 2019, Georgia Governor Brian Kemp issued a new Executive Order (the “Order”) which provides a multitude of either suggested or required precautions to be taken by certain individuals, corporations, and entities in an effort to resume normal operations during the Coronavirus pandemic. The Order goes into effect May 14, 2020 at 12:00
- [Why File a Lien? A General Overview of Materialmen’s Liens Under Georgia Law](https://wczlaw.com/why-file-a-lien-a-general-overview-of-materialmens-liens-under-georgia-law/) - Generally, most contractors, subcontractors, and materialmen that provide labor, services, or materials on a construction project can file a lien on the property for the amounts they have not been paid. A lien allows the lien claimant, the person filing the lien, to take a security interest in the property for the amount stated in
- [Eleventh Circuit Affirms Broad Pleading Standards Triggering Insurers’ Duty to Defend under Commercial General Liability Insurance Policies](https://wczlaw.com/eleventh-circuit-affirms-broad-pleading-standards-triggering-insurers-duty-to-defend-under-commercial-general-liability-insurance-policies/) - On July 29, 2020, the 11th Circuit Court of Appeals in Southern-Owners Insurance Company v. MAC Contractors of Florida, LLC reaffirmed the lax pleading standards required to trigger an insurance company’s duty to defend the insured for “property damage” under commercial general liability policies. MAC Contractors of Florida, LLC d/b/a KJIMS Construction (“KJIMS”) was hired
- [DeKalb Condo Group Claims Construction Defects](https://wczlaw.com/dekalb-condo-group-claims-construction-defects/) - The condominium association for The Artisan—the upscale development in downtown Decatur with a ground floor housing Ted’s montana Grill and specialty stores—has sued the complex’s developer, general contractors and four sub-contractors and vendors over a number of alleged construction defects. Read More from the Daily Report (PDF)
- [Who Controls the Roads?](https://wczlaw.com/who-controls-the-roads/) - Community Associations Institute – Georgia Chapter Third Quarter Magazine By: Joshua F. Jones, Esq. Winter Capriola Zenner, LLC The factual determination of whether neighborhood roads are public or private has an immense impact on the association’s rights and obligations. Specifically, the association’s maintenance responsibility and enforcement rights are contingent on who controls the roads. Therefore,
- [Georgia Debt Settlement Class Action Defeated](https://wczlaw.com/georgia-debt-settlement-class-action-defeated/) - Richard J. Capriola and David B. Weinberg secured a significant victory on behalf of long-time client, DebtXS, in defense of a class action lawsuit alleging DebtXS violated the Georgia Debt Adjustment Act (O.C.G.A § 18-5-1, et. seq.). Superior Court Judge Linda Warren Hunter, entered an Order enforcing an arbitration provision in the debt settlement consumer’s

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- [Michael A. Hettig](https://wczlaw.com/attorneys/michael-a-hettig/) - Michael Hettig is an associate at Winter Capriola Zenner, focusing his practice on community association law and commercial and civil litigation.
- [Philip W. Lehman](https://wczlaw.com/attorneys/philip-w-lehman/) - Philip Lehman is a Senior Associate in WCZ's transactional practice group focusing on representation of condominium, townhome, and homeowner associations throughout Georgia.
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- [Spencer S. Farmery](https://wczlaw.com/attorneys/spencer-s-farmery/) - Spencer Farmery is a Partner in WCZ's transactional practice group representing homeowner, townhome, and condominium associations in the Atlanta metro area.
- [Christopher J. Reading](https://wczlaw.com/attorneys/christopher-j-reading/) - Chris Reading handles a variety of complex civil litigation including cases arising out of real estate and title disputes, lien priority and lien enforcement, contract and business disputes, etc.
- [Joshua F. Jones](https://wczlaw.com/attorneys/joshua-f-jones/) - Joshua F. Jones is a Partner in the firm’s transactional practice group, where he serves as general counsel to condominium, townhome, and homeowner associations
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- [Kendall B. Priest](https://wczlaw.com/attorneys/kendall-b-priest/) - Kendall B. Priest is an associate in the firm’s litigation group. She focuses her practice on construction litigation, real estate, and commercial and civil disputes.
- [Marvin P. Pastel II](https://wczlaw.com/attorneys/marvin-p-pastel-ii/) - Marvin P. Pastel, II is a founding partner of Winter, Capriola, Zenner and his practice includes community association law – both transactional and litigation.
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- [Griffin M. Bell](https://wczlaw.com/attorneys/griffin-m-bell/) - Griffin M. Bell is a Senior Associate in Winter Capriola Zenner's collections litigation group based in Atlanta, Georgia.
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