Legal Question in Civil Litigation in Georgia
I'm a GA resident in need of a real estate litigation attorney -
1) we moved into a starting neighborhood 2007/before real estate collapse/ amenities not built yet- we were promised and it was advertised one thing and given significantly less -800 $ yearly dues- finally after the bathtub size pool was installed we checked the permit and they NEVER PERMITTED for these supposed amenities they were selling us on .... INDUCEMENT FRAUD
2) the remaining lots have been overgrown, up to my waist and they will not cut back ( 25 feet county requirement ) - about 75+/- lots out of 100 remain vacant - I have called the marshalls office so the marshalls can have them cut lots otherwise they will be fined by the county- I have done this at least 2 x a summer for 4 years.... yesterday I received a notice from the management company CCM that my 'bushes need to be cut" this is obvious INTIMIDATION and HARASSMENT -my bushes are no way near to being high and we keep a pristine lawn - MANY other residents have also been harassed by similar notices - I called the marshall who was in charge and she said she did not tell them it was me who called but the developer did mention my name - also note we did an advertisement for them- the builder and developer- back when were still selling (2008 ? ) to help promote the neighborhood and sales
3) back in 2009 when I disputed our $ 800 credit card for payment of dues bc the puddle of a pool had turned green due to their lack of care and pool was not opened for summer... they shocked the pool, got things cleaned up and we mailed a check for payment.... now they will not take our credit card but WILL take everyone elses credit card and we have been on a black list- I called for them to take cc and developer over the phone BRIBED me by saying if I signed something saying ' I would not dispute my cc ' then he would make them take my card = BRIBERY - to this day they still have not taken our credit card and now have a lien on our home for 2 years of not taking our payment EVERYONE in our neighborhood now pays w ccard bc of me telling them about teh dispute
4) this is a conservation community and is supposed to have certain standards ie. size of home, how many on lots etc. ---additional architectural code includes 3 car garage, all basements, sprinkler systems, 4 sided brick, skirted driveways etc. - the developer bc is still in control keeps changing the codes of what is accepted and what is not ...now they are building a ranch home w one sided brick
5) i was told by their agent ( who I am still in contact with) that each time something is changed they are to give us new rules / codes whatever and I have never seen any
6) the neighborhood is split and owned by 2 developers- mine paid cash for the land & the other was banked backed- the other went bankrupt back in 2009 +/- ... we found out the other dev who went bankrupt was paid over 1M for the cell tower that is on the property
7) CCM ( management company ) who KNEW this developer was in trouble and going under did not disclose this to the residents, who were PAYING money, no disclosure about any bankruptcy until after it was all said and done - I read under GA law it is their FIDUCIARY DUTY as we are paying them for a service- they are to notify us in such circumstances - i have actual wording of this
I can give you MANY more details but I am in need of a litigation real estate attorney
Thank you
Leigh Blackistone
404 644 4737
2 Answers from Attorneys
I have filed lawsuits against several developers who have decided to not abide by the original community design standards as set out in your Declaration of Covenants.
You must file a lawsuit and seek injunctive relief against the current developer.
Asking the question again will not change the answer.
Good luck!
Your first sentence is key. You need to find a lawyer who handles real estate litigation. It is not clear whether you are asking for solicitations (since you posted your private information for the world to see on google now), but you need to do some research and ask for referrals for lawyers who handle such cases. You can expect to possibly spend as much as several thousand dollars in fees, and it could be against parties who can't pay or do anything if they are bankruptcy. While the lawyer will review all the facts, one thing does stand out. Why do you owe HOA fees? It is not because they won't take your credit card. It is because you did not pay. Was it out of spite or "principle" that you did not write a check? To be blunt, that paragraph (and the all caps accusations about bribes) tells lawyers that there is more at work than just fixing issues with the property. Those issues make a case MUCH more expensive.
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