Legal Question in Real Estate Law in Georgia

Homeowners association fee

I bought a house in a still-developing subdivision in 1997. We paid a pro-rated amount for the Homeowner's Assocation Fee during closing. The agent told us that we would get an invoice for the fee every year but not till about 75% of the houses were sold. It is now 2002. We have not gotten a invoice for our fees. We didn't even know we had a HA till we put up a fence and we got a letter from them. Since 1987 till now, we had no knowledge that we had a HA and the HA didn't know we are home owners. This HA is a new one, from year 2000. They are saying that legally they can ask for the fees from 1998 - 2002. Can they do that? We got NO written notice of them existing till now and now they want to send us a bill for the past 5 years. Do they have the legal right?


Asked on 9/17/02, 2:52 pm

1 Answer from Attorneys
Charles W. Field Charles W. Field, Attorney at Law

Re: Homeowners association fee

You need to have a local attorney familiar with this area of the law look at the covenants of your subdivision. That is where the authority to assess dues, assessments for improvements, etc. is stated. It may be that the HOA has waited too long. On the other hand, you stated that you had actual notice of the assn. as of your closing. (I am assuming the reference to "1987" was a typo.)

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Answered on 9/17/02, 3:56 pm


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