Wondering if our POA is Legal !!!

We recently found out that our POA's (in Georgia)common area is still owned by the developer. The association has treated this property for 4 years as if we own it charging 39k per year for a 5 acre grass park. We found out when the developer tried to sell the property. So my question is, can you have an association with no common land? We checked the covenants and bylaws and there's no mention of leasing the land and no one has seen any type of lease contract.

Can you have an Association without common area?

The answer is yes. The Association is typically formed to oversee and enforce the contract agreed to by all homeowners (your CC&Rs).

You should identify what common areas your Association is responsible for and only maintain those common areas. Even if you don't own common land, it's possible that the Association is responsible for street lighting, etc.

If your CC&Rs specify that the park is supposed to be turned over to the Association, then it's up to the Association to make sure that this happens.

Thanks, like I said there is no common area. We actually pay for 2 POA's our internal neighborhood which governs the land that I mentioned is still owned by the developer...and a master POA which pays for the roads, lights etc that encompasses a collection of neighborhoods, golf course, pool etc. The articles of Incorporation of our Parkside POA statement of purpose says, to own and manage common area. My understanding of POA definition states common land is owned or leased by the assocition. It sounds like our dev. set up the POA with intentions to deed over the property...changed his mind 4 years later when he learned he can sell it. Yet all along let everyone believe we owned the land that we were paying on.