Legal Question in Real Estate Law in Georgia

HOA Dues

I bought a home in Feb. 04 and Sold it in Aug. 06. The developer had control of HOA.

In July 06, HOA was turned over to community and no written notification was sent from developer to me. Now, new owners are be hit with a transfer fee $500 and 05-06 HOA dues (another $500). The closing atty. has investigated all information and verified accuracy of my side. HOA has now put a lein on new owners property and new owners want me to pay the $1000. AM I liable ? And what if I do not pay ?


Asked on 4/30/07, 12:47 pm

3 Answers from Attorneys
Charles W. Field Charles W. Field, Attorney at Law

Re: HOA Dues

I do a good bit of HOA work, representing HOA's in some cases and property owners who have a gripe with their HOA in others. The covenants and/or by-laws will determine who is right. If you can prevail on the closing attorney, ask him/her to contact someone with the HOA and ask them to specify what provision of the covenants and/or by-laws allow the assessments.

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Answered on 4/30/07, 1:05 pm
SHERRY RAGOLE RAGOLE & ASSOCIATES, LLC

Re: HOA Dues

Based on my experience dealing with post-closing issues such as yours, I know that your legal options cannot be determined without additional information. Your best option will be to gather all of your documents together and arrange for a consultation with an attorney. The closing attorney is probably not your best option in this instance.

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Answered on 4/30/07, 1:09 pm
Robert Thompson J. Robert Thompson Attorney

Re: HOA Dues

The answer to this might be governed by the terms of your sales contract. I suggest you have an attorney review it.

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Answered on 4/30/07, 1:44 pm


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