Legal Question in Real Estate Law in Georgia

Re: Control of Homeowners' Association

None of your claims would survive in court until you wrote: "There are concerns that he is using the dues for things other than which the covenants allow. He also is not enforcing a number of the covenants regarding house construction, the display of signs, and the construction of fences. " Regardless of who controls the HOA, you should be able to get a local Superior Court Judge to Force him to comply with the covenants. That is about your only remedy until 2006. You have to go to Superior Court to get Equity, dont waste your time with Magistrate's Court or State Court. And If you are the organizer of the Majority of HOA participants -- a word of warning. In all of the homeowners against HOAs I have represented in not one single case have all the homeowners who were so mad about something chipped in for the legal fees on an equal basis. Your test of resolve to your neighbors should not be "sign your name," but rather, "write a check" to fight the developer. Then, watch them flee. Good Luck. Hugh Wood