Legal Question in Civil Litigation in Georgia
My HOA management company sent me a letter stating my bushes are too high and need to be cut. Interesting thing is that the HOA management company has ignored residents' requests to maintain common property without any success. We have weeds, no mulch, no flowers, etc. How can they then forcce the residents to prune bushes if they do not maintain the common property? Do I have any recourse?
2 Answers from Attorneys
Those are two separate issues. If the covenants allow the HOA to control bush height, then they can. Alternatively, you can take action against the HOA for not maintaining the common areas. But they do not cancel each other out.
If the Association has failed to maintain comment elements of the property then they are violating their own restrictive covenants. Perhaps even waived their right to enforce other maintenance responsibilities.
Be prepared to file a lawsuit against your Association for failure to maintain.
Contact my office for a phone consultation. 404-522-0341.
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