Legal Question in Real Estate Law in Georgia
Is Homeowners Association Legal
Our Declaration of CC&R's specifically say that ''Whereas Declarant will Incorporate the Association''. He came to our subdivision in 1995 to turn it over to us (he stilled owned lots in here until 1997) and elected a president,treasuer,board member and a secretary but did not follow through with incorporation. In 1998 these ''board members'' had an attorney file Articles of Incorporation and register with the Sec. of State. These same ''board members'' drew up the bylaws. Are we a legal association because these ''board members'' took it upon themsleves to move forward with incorporation. No notification was given to all homeowners that this process had occured. We have no copies of the Bylaws or Articles of Incorporation. Could we have voted whether or not to have an Association since the Developer failed to follow through with his obligation? We are 31 homes with no common area. Subdivision sign sits on private property and we have been giving money on a voluntary basis to a ''grounds committee'' since 1995. We are now informed by an Attorney hired by the board that we are in fact a legal HOA and have been given paperwork to amend our CC&R's. It's 2007, unbeleivable that they wait 9 years to inform us of our legal status.
3 Answers from Attorneys
Re: Is Homeowners Association Legal
Part of my practice is representing HOA's. Yes, the incorporation is probably valid. As to getting control, you need to consult with a local attorney familiar with this area of the law.
Re: Is Homeowners Association Legal
My practice encompasses community association law. There are many items that need to be investigated in order to answer your question. Please do not hesitate to contact me if you wish to pursue retaining counsel to evaluate possible legal options.
Re: Is Homeowners Association Legal
If you don't have all the relevant information, it is certainly impossible for us to know what is going on. Obviously, lawyers will be happy to take on the "case" for a fee, but before going to that expense, why not take this opportunity to get together with other homeowners and turn the asociation into a productive, beneficial association? If that means hiring a lawyer, spread the expense and get a lawyer or firm that specializes in the area (not just claims it as one of many unrelated practice areas).
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