Legal Question in Real Estate Law in Georgia

Home Owners Association Optional to Mandatory

In 2002 I bought/built a brand new house in a subdivision where there was a Home Owners Association but it was optional to join. I never did join and part of why I built a house in this subdivision was because there was not a mandatory HOA. The subdivision does not have a pool, club house,etc. About a month ago, I received a letter stating that some of the neighbors were going to put together a new HOA as the current one was no longer in place. They wanted it to be mandatory so they held a vote. 49 homes submitted a vote out of 85 homes in the subdivision. 45 voted mandatory and 4 voted not to make it mandatory. I was one of the 4. They said they only needed 43 to make it mandatory. And they want the money by Aug. 1st. They only gave us one month to pay. My question is do I legally have to pay these dues? I don't think it is fair as #1 when the subdivision was brand new and everyone was buying their homes in it, the HOA was optional. #2 I have never belonged. #3 I don't have the extra money.


Asked on 7/19/06, 12:49 pm

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

Re: Home Owners Association Optional to Mandatory

I do a good bit of HOA work. Generally, if the HOA was not in place when you bought your home, it cannot be imposed on you. You need to have all the pertinent documents reviewed by a local attorney.

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Answered on 7/28/06, 4:11 pm
Jon Gottlieb Flynn & Gottlieb, P.A.

Re: Home Owners Association Optional to Mandatory

Need more information before a succinct answer can be provided. If the prior HOA really is terminated, your affirmative vote is required before your property is subject to the new HOA. Was the Declaration canceled of record? If the prior HOA is not terminated, the terms of the Declaration would control.

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Answered on 7/19/06, 1:23 pm


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