AngelaG6 (Georgia)
Posts: 8
Posts: 8
Posted:
I live in Georgia. Does anyone know if there is such a thing as a govering body over all HOA's where homeowners can report issues with an HOA Board?
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Governing body over all HOA's
Started by AngelaG6 • 8 replies • 3667 views
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GlenL (Ohio)
Posts: 5,491
Posts: 5,491
Posted:
Some states have ombudsmen but I don't believe GA is one. Most HOA's and laws are set up for problems to be handled internally. If you could be specific in what problem you want to report, maybe we could help.
Studies show that 5 out of 4 people have problems with fractions
AngelaG6 (Georgia)
Posts: 8
Posts: 8
Posted:
The situation is as follows:
A friend of mine lives in a subdivision that has a HOA President and they also have a management company. They hold a meeting once a year and from the expense reporting that they get they basically see administrative expenses. Homeowners don't see a lot put back into the community. There was some new fencing started recently but they have ceased the repairs. Basically the homeowners don't know what the agenda of the board is and what ia actually being done with their money. Homeowners have a phone number to call about concerns but they basically get one person on the phone who asks for their e-mail address and responds in that manner to questions.
Can you tell me more about the ombudsmen?
Any suggestions?
Thank you.
A friend of mine lives in a subdivision that has a HOA President and they also have a management company. They hold a meeting once a year and from the expense reporting that they get they basically see administrative expenses. Homeowners don't see a lot put back into the community. There was some new fencing started recently but they have ceased the repairs. Basically the homeowners don't know what the agenda of the board is and what ia actually being done with their money. Homeowners have a phone number to call about concerns but they basically get one person on the phone who asks for their e-mail address and responds in that manner to questions.
Can you tell me more about the ombudsmen?
Any suggestions?
Thank you.
JohnB26 (South Carolina)
Posts: 1,569
Posts: 1,569
Posted:
AngelaG6,
Have you read your 'governing documents?
Covenants and Restrictions are on file w/ county 'registrar of deeds'
Articles of Incorporation are on file w/ secretary of (your) state
to search for your HOA: http://corp.sos.state.ga.us/corp/soskb/csearch.asp
By-Laws may or may not be actually filed
You are ENTITLED to view the annual budget and the annual 'independant review' of the budget - this is required by not-for-profit corporate law
Send certifiet letter, return receipt requested, demanding documents in question, if no reply to your satisfaction (after reading ALL THE GOVERNING DOCUMENTS)you will then decide if you need an attorney
Good luck
CAVEAT EMPTOR
Have you read your 'governing documents?
Covenants and Restrictions are on file w/ county 'registrar of deeds'
Articles of Incorporation are on file w/ secretary of (your) state
to search for your HOA: http://corp.sos.state.ga.us/corp/soskb/csearch.asp
By-Laws may or may not be actually filed
You are ENTITLED to view the annual budget and the annual 'independant review' of the budget - this is required by not-for-profit corporate law
Send certifiet letter, return receipt requested, demanding documents in question, if no reply to your satisfaction (after reading ALL THE GOVERNING DOCUMENTS)you will then decide if you need an attorney
Good luck
CAVEAT EMPTOR
TimB4 (Tennessee)
Posts: 21,046
Posts: 21,046
Posted:
Angela,
An Ombudsman is someone appointed by a governing body to investigate, report on and help settle complaints. Some States have them, some do not. Those States that do have Ombudsman, the power of that office varies from State to State. One thing to remember is that typically an Ombudsman office is not staffed by lawyers or part of the court system. Therefore, they have zero power in interpreting laws or issuing court orders.
You mentioned that your friend have seen little of the money being put back into the community. What your friend needs to understand is that the Association maintains the property not necessarily improve it. Therefore, you might not see a lot of activity. It might also look that way if the Association lumps things together. The cost of insurance, mailings, bookkeeping services, printing, legal services and even management companies may be included under "administrative costs". I prefer in breaking things out but not everyone does.
Hope this helps
Tim
An Ombudsman is someone appointed by a governing body to investigate, report on and help settle complaints. Some States have them, some do not. Those States that do have Ombudsman, the power of that office varies from State to State. One thing to remember is that typically an Ombudsman office is not staffed by lawyers or part of the court system. Therefore, they have zero power in interpreting laws or issuing court orders.
You mentioned that your friend have seen little of the money being put back into the community. What your friend needs to understand is that the Association maintains the property not necessarily improve it. Therefore, you might not see a lot of activity. It might also look that way if the Association lumps things together. The cost of insurance, mailings, bookkeeping services, printing, legal services and even management companies may be included under "administrative costs". I prefer in breaking things out but not everyone does.
Hope this helps
Tim
GlenL (Ohio)
Posts: 5,491
Posts: 5,491
Posted:
From the way you describe your friend's HOA it sounds like it may still be controlled by the Declarant. Do you know if turnover to the homeowners has occurred?
Studies show that 5 out of 4 people have problems with fractions
JacquelineB2 (Florida)
Posts: 50
Posts: 50
Posted:
I only know in Florida it's the Dept. of Bus. and Prof. Regulations. It does cost I think about $250 for any support they might give you. It is usually relied upon for "mediation" or "arbitration" type issues. You might want to check under Georgia Government.
EdC5 (Florida)
Posts: 117
Posts: 117
Posted:
Quote:
Posted By JacquelineB2 on 02/01/2012 5:06 AM
I only know in Florida it's the Dept. of Bus. and Prof. Regulations. It does cost I think about $250 for any support they might give you. It is usually relied upon for "mediation" or "arbitration" type issues. You might want to check under Georgia Government.
I only know in Florida it's the Dept. of Bus. and Prof. Regulations. It does cost I think about $250 for any support they might give you. It is usually relied upon for "mediation" or "arbitration" type issues. You might want to check under Georgia Government.
DPBR has an ombudsman for Condos, but that doesn't cross to the HOA side of the street.
Edward J Cooke, CMCA, LCAM
JeanI (Louisiana)
Posts: 112
Posts: 112
Posted:
All of our governing documents, including rules and regulations are on our website. You should have received copies of these documents when you purchased your house/lot. The management company answers to the Board of Directors which is elected by the members. Your bylaws should indicate how many Board meetings should be held yearly and whether they are open to the members, if so attend them and ask to get on the agenda. JMI
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