Community associations operate under declarations, bylaws, and statutes that most owners encounter only when a dispute arises. Representing owners and residents exclusively allows the firm to develop that side of the practice with focus - and avoids the divided loyalties of firms that represent boards one day and owners the next.
Homeowner-side representation throughout Georgia
HOA disputes often begin with a practical problem rather than a legal label. A homeowner may receive a fine, lose access to a payment portal, be denied permission for a property change, discover an unexpected lien, or need records the association has not produced. The first task is to identify the controlling documents, the immediate deadline, and the result the homeowner is actually seeking.
Review common HOA problems the firm evaluates
The firm's approach
- The governing documents come first. Many association disputes are resolved by careful reading of the declaration and bylaws. Where the documents answer the question, the client is shown the controlling provision at the consultation stage - often avoiding litigation entirely.
- A candid valuation of the dispute. Association litigation can cost more than the interest at stake. Before any engagement, the firm provides a realistic assessment of the likely cost against the likely benefit.
- Fee-shifting analysis at intake. Many Georgia declarations and statutes permit the prevailing party to recover attorney's fees. Whether such a provision applies is among the first questions examined, because it materially changes the economics of the case.
- Mediation where appropriate. Some association disputes are better mediated than litigated. The firm offers neutral mediation as a separate service - see Mediation.
Georgia's new Property Owners' Bill of Rights Act
Senate Bill 406 materially changes Georgia community-association practice, but its provisions do not all begin at the same time. The attorney-fee protections in Section 7 apply to actions filed on or after July 1, 2026. Except for emergencies involving public safety or preservation of property, an association seeking attorney's fees must first send qualifying written notice identifying outstanding fines or delinquent fees, allow 30 days for payment, and provide an itemized list of the reasonable attorney's fees claimed. In a bench trial to recover association sums, the judge must review the claimed attorney's fees for reasonableness and state that determination in an order.
Most of the broader Act is scheduled to take effect on January 1, 2027. Those provisions establish Secretary of State registration and complaint procedures, owner record and insurance-access rights, payment-priority rules, restrictions on accelerated assessments, revised foreclosure notice and threshold requirements, and additional governance protections. The effective date and the governing documents must be analyzed before relying on any particular remedy.
Collection and payment practices
The firm is separately evaluating reports involving refused or restricted payments, inconsistent ledgers, payment application, disputed attorney fees, and litigation based on amounts homeowners contend are inaccurate. The investigation page explains the practices under review and the documents homeowners should preserve.
View the HOA collection-practices investigation
Common questions from Georgia homeowners
Does Daftari Law represent HOA boards or associations?
No. The firm represents homeowners and residents in HOA and community-association disputes. It does not represent associations or boards.
Where does the firm accept homeowner-side HOA matters?
The firm evaluates homeowner-side HOA matters throughout Georgia, including Metro Atlanta and communities outside the Atlanta area. Acceptance depends on conflicts clearance, the governing documents, deadlines, subject matter, and the scope of the requested work.
What should a homeowner gather before a consultation?
Useful documents often include the declaration, bylaws, rules, account ledger, notices, correspondence, payment records, architectural-request materials, lien papers, and any lawsuit or hearing notice. The firm will provide document instructions after conflicts clearance and acceptance of the consultation.