HOA in Georgia

Started by BarryD • 3 replies • 1351 views

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BarryD (Georgia)
Posts: 2

Posted:

The local Comprehensive Zoning Ordinance (http://www.augustaga.gov/departments/planning_zoning/docs/pdf/dev/Sept2007_Comprehensive_Zoning_Ordinance_rev1.pdf) states that HOA "shall mean an incorporated, nonprofit organization operating under recorded land agreements through which (a) each lot owner in a planned unit or other described land area is automatically a member, and (b) each lot is automatically subject to a charge for a proportionate share of expenses for the organization's activities, such as maintenance of common property."

There are recorded protective covenants, but there has never been a HOA in the 30 years that the subdivision has been in existence. Is it too late to form an incorporated non-profit HOA that operates under this Zoning Ordinance?

DonnaS (Tennessee)
Posts: 5,671

Posted:

Barry,
It is never too late to become a HOA but if you have recorded protective covenants, somewhere there are Articles of Incorporation exhisting. You will need to go to the Georgia "NOT FOR PROFIT CORPORATIONS" Unless after so many years, they have been put into Archives somewhere. To my best knowledge, a developer cannot file the CC&Rs without the corporation name. The question is why did the developer not give the owners all of this information at turnover? Is there any chance that the developer could help with that information? If not, just go to your State website for Not for Profit Corps and you can download any required forms.

BUT!!! is this what all of the homeowners want? The corp might be defunct and you will need to start from scratch That will require alot of work.

BarryD (Georgia)
Posts: 2

Posted:

Donna,
Is there is a requirement for all the homeowners to want a HOA, or do all the homeowners automatically become members if one is formed?

DonnaS (Tennessee)
Posts: 5,671

Posted:

Barry, That one I cannot answer. You will need to go to your State statutes for that one. I believe it must be 100% unless your state allows for voluntary membership but do check it out with the state.

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