Legal Question in Real Estate Law in Georgia
We currently own a home on 3 adjacent lots in Coosawattee River Resort in Ellijay, GA. Every year, we pay 3 assessments for these lots. If we re-plat our lots into 1 lot with Gilmer County, does the association still have the right to charge us assessements for the original 3 lots? Or, would the law allow us to only pay one assessment?
4 Answers from Attorneys
That is highly unlikely, but the first place to start is a review of your HOA covenants and documents. The "law" does not create the specific covenants for your community. You have the documents. Read them.
You are cute. Trying to be smart by "lawyering" your way out of paying HOA assessments. Leave the lawyer stuff to real lawyers.
With that being said, the answer is no, your assessments are based not on the number of lots you own, but by the % of the "association" you own. If you own 30% of the association lots, it does not matter if it is 1 lot or 3 lots. And you will be assessed accordingly,
Hope that helps.
If you have any further questions or concerns regarding your HOA feel free to contact me.
404-522-0341
Other attorneys who answered your question have given you relevant information. There are additional matters that enter into the issue as well. In order to answer your question accurately, you will need to provide a competent real estate attorney with copies of your warranty deed, plat and your homeowners association covenants/declarations. Expect to pay for the attorneys time, as the documents determine the answer and the attorney will need to examine them.
Only someone who has read your HOA papers can answer, but it is highly unlikely your idea will work.
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