Legal Question in Real Estate Law in Georgia

Our builder turned the HOA over to the H/O's and after the pool and clubhouse were built he raised the HOA dues from $90 to $350 to cover the increase in the budget. I feel as the declarant he had the right to do this as $90 would not cover the total expenses. Did he have to register this chg with the courts or could he just after verbal communication send out new bills for the $350. If we have convenants in place is there an average cost to create new covenants and tweek for current circumstances.

Thanks


Asked on 4/13/12, 7:30 am

1 Answer from Attorneys
Glenn M. Lyon, Esq. MacGREGOR LYON, LLC, Business Attorneys

Typically, the covenants allow the HOA board to create a budget and accordingly set the amount of the HOA dues. However, there may be some restrictions or limitations on this in the covenants. Have a local attorney familiar with HOAs review the covenants and determine whether the change was authorized.

If you would like to discuss any issues further, please feel free to contact my office. The link to my contact information is below. Thank you.

The foregoing is general information only, not specific legal advice. No attorney/client relation has been created or should be implied.

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Answered on 4/13/12, 7:37 am


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