Legal Question in Real Estate Law in Georgia

We have a small community of 55 homes that is 3 years old. The Home Owners Association says we owe dues. The original builder is not in business so I am not sure the association's authority if there is a HOA. No taxes have been filed and the only service/expense that has been given/paid is to the lawn man and monthly payments to the property management company. How do we verify if the Association is legitimate and the rights of the property management and if they are not, are we obligated to pay the association fee?


Asked on 3/21/10, 2:46 am

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

First, you can check out the HOA's name at the GA Secretary of State's website. Then, you need to somehow get a copy of the Covenants for the HOA. The management company should provide those to you, because it is the Covenants that establish the HOA's right to collect dues. The reason no taxes have been filed is probably because doesn't own any property, as opposed to swim and tennis subdivisions, where the HOA usually owns the property on which the pool and tennis courts are located.

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Answered on 3/26/10, 1:46 pm


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