Legal Question in Real Estate Law in Georgia

Hello,

My HOA has accused me of breaking a covenant and has assessed legal fees from their attorney for writing me a letter informing me of such. I have read the covenants carefully and believe that I have not violated any. I have requested my HOA president to clarify which covenant I have broken and have not had a response. Now they have attached this substantial fee to my yearly HOA assessment and I believe they intend to block me from using neighborhood amenities until these have been paid. Do they have a right to arbitrarily assess these fees to my HOA dues, or do they have to come after me in court for payment? I'm pretty sure that if I had actually done something to warrant legal action I would be responsible to pay the attorney's fees, but I am sure that I have not. So my question basically is....do I have to pay these fees if I dispute their verasity


Asked on 2/22/10, 8:51 am

2 Answers from Attorneys
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Since no one here has read the covenants or knows any details, no one here can possibly answer your post. When you first got a letter from a lawyer you should have immediately seen a lawyer instead of letting things escalate. You need a lawyer even more now than you did then. Get one. Time will matter as the HOA may atach a lien on your property, take other legal action or run up more legal fees.

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Answered on 2/27/10, 1:15 pm
Charles W. Field Charles W. Field, Attorney at Law

I do a LOT of HOA work. It is impossible to answer your questions without reviewing the documents. If you would like to discuss, please feel free to give me a call.

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Answered on 2/27/10, 2:01 pm


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