Legal Question in Real Estate Law in Georgia

Hi - My HOA is located in Cobb County and has 111 homes within it. Not knowing the full history of the HOA, it seems that homes started to sell in 2003 but the covenants where never filed with the county until June 2006 (the original developer went bankrupted). There are 29 homes with a first sale date after the filing of the covenants and 82 homes with the first sale date prior to the filing date of covenants. In August 2006, only 16 of the 82 signed and filed with the county the Acknowledgement and Consent and Joinder forms. The HOA has no current attorney. So my questions are:

Do we have a valid HOA?

Are the 29 homes with a first sale date after the covenant filing automatically in the HOA?

Are the 66 who never signed and filed the Acknowledgement and Consent and Joinder part of the HOA?

For the ones out of the 66 that have been paying HOA dues over the years, do we need to refund them, if they are not officially part of the HOA?

For the ones of the 66 that have not been paying the HOA dues over the years, can the HOA go after them for past dues and put a lien on their house?

What happens to the board members who are part of the 66? Do they step down?

Can we have the 66 sign the form and file it with the county so they can be included in the HOA officially?

How do we handle a home that does not want to / refused to sign to officially join the HOA?

Any help you can provide would be greatly appreciated it. This needs to be cleaned up and addressed, just want to get some information before hiring an attorney to help out.

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