Legal Question in Landlord & Tenant Law in Georgia

Number of issues here.

1) The self-appointed President of my home owners association is claiming to have a majority number of votes in our HOA despite not ever paying any HOA fees, which according to the HOA rules, he should not have any votes.

2) He is taking money from the HOA fund to have his own properties manicured at a rate of $1700 per month and claiming that the HOA has no money so the fees (which he's not paying) have to go up.

3) His construction people have destroyed the road to the point that people in my section have had to replace tires at a rate of 4 every six months, or so.

I'm seeing this as fraud, embezzlement and destruction of property. What can we do?


Asked on 1/29/13, 5:40 am

1 Answer from Attorneys
Scott Riddle Law Office of Scott B. Riddle, LLC

This is not a landlord tenant issue, unless you rent the house you are in. If he is doing that, certainly the other property owners will join you in taking action pursuant to the HOA By-laws to remove him or investigate. You left out many details. How is he "self appointed?" Are there properly elected officers? Otherwise, the property owners can join together to retain a lawyer to review all the facts and take action. Otherwise, an option is to wait for an election, get him out, and have the new officers/board investigate and take action. Either way, it is not something for a message board. Someone will have to take the lead.

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Answered on 1/29/13, 5:52 am


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