Legal Question in Real Estate Law in Georgia

Homeowners Association

If a Homeowners Association was established with covenants and bylaws and has acted with a board, officers, annual meetings with quorum, and quarterly board meetings with quorum, is it a mandatory homeowners association. Each year a budget was voted in and a $25 annual assessment dues was approved/collected. Some homeowners feel it is not an official HOA because there is no common land such as a pool, courtyard, etc. All homes are single family homes owned by each person. Funds have been used after voted on for mailbox improvements, annual registration of corporate (GA) license, plants in an area that is owned by county but not landscaped, etc. Can any homeowner decide they do not want to be a member of HOA and not pay their annual assessment dues? Or, are they liable upon closing of their properties during a sale to clear up any balances due?


Asked on 6/08/09, 9:59 pm

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

Re: Homeowners Association

I do a lot of HOA law. The answer to your question will depend on the wording of your covenants, bylaws, etc. If you would like to discuss, feel free to give me a call.

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Answered on 6/13/09, 6:14 pm
Glenn M. Lyon, Esq. MacGREGOR LYON, LLC, Business Attorneys

Re: Homeowners Association

An HOA does not need common area to be official. However, whether a particular homeowner is obligated to pay dues depends on what covenants are attached to the property.

If you would like to discuss any issues further, please feel free to contact my office. My contact information is below. Thank you.

The foregoing is general information only, not specific legal advice. No attorney/client relation has been created or should be implied.

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Answered on 6/09/09, 7:51 am


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