Legal Question in Real Estate Law in Georgia

Mandatory Membership Fees/Late Billing

Our new homeowner's assn has billed me for over 2 years ($500+)of pool/tennis dues. I used the pool once in 1998, and paid dues for that year. I never received another bill even though I asked the realtor who sold me the house about it. I never saw a copy of the covenants or signed anything agreeing to pay mandatory dues. The realtor said they were mandatory, but since I was not billed for two years, even after asking about the fees, I questioned this. The assn says since it is in the covenants, I have to pay. Is this so?


Asked on 5/04/00, 2:03 pm

1 Answer from Attorneys
Hugh Wood Wood & Meredith

Re: Mandatory Membership Fees/Late Billing

If it is a "mandatory" asso. and it is also listed in the covenants, you have to pay it. The mere passage of time concerning the asso. failure to bill and the Realtor's incorrect statements will not release you from your duty to pay.

BTY, they are ususally liens against the property if not paid. So, if you completely ignore it, it will come back as an ugly reminder at the closing when you sell your house.

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Answered on 6/20/00, 11:47 am


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