Legal Question in Real Estate Law in Georgia

Not a Homeowners Association (HA)

I live in a 6 yr old sub. that does not have a HA. A group is trying to start one. Where can I find out what they have to do to start a HA, the rules for HAs, and powers of HAs? This subdivision has approx 25 small homes and no common grounds. I do not see the need for one, due to the covenants already cover the needs for this size of subdivision. I have heard many things but I am looking for the actual county codes that would cover HAs (Newton County,GA). Thanks


Asked on 9/22/00, 11:55 am

1 Answer from Attorneys
Hugh Wood Wood & Meredith

Re: Not a Homeowners Association (HA)

Most of a Homeowners Association (HA) power is based on enforcing deed restrictions that went into effect when the subdivision was created. Since you indicated that HA was not created when the subdivision was created, in all probablity it does not have a complete (well, that is subjective) set of restrictive covenants (one of which is the covenant for the HA). There are specific GA statutes concerning the creation of condos, condo assocations, but not HAs. (If you find one, email it to me).

Your problem is more political than legal. You indicate that there are 25 small homes in the subdivision. They are homeowners and can create such a legal animal if they so desire. If you don't want it, you probably need to get out some walking shoes and politically canvas all the houses and politically argue against the formation of such an organization. Its a no brainer -- but, the hot button issue is always mandatory fees.

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Answered on 10/23/00, 8:37 am


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