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Subject: POA vs HOA
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MissyW
(Georgia)

Posts:22


08/21/2006 2:15 PM  
We are in georgia. Why would you have a POA as opposed to a HOA? I found this article, but I'm not sure I really understand all there is to know.
http://www.wncwlaw.com/services/community_associations/poa.cfm
Thanks again for sharing your knowledge,
Missy
CharlesW1
(Georgia)

Posts:826


08/21/2006 2:30 PM  
MissyW,
I’m not completely sure of the benefits to switching to a POA. The property manager had told me that. When foreclosure is in place on a home, a list on debt owed in established. Your name is filed on this list. I have been told when you become a POA, your name then goes to the top of such list. The chances of you getting your money is better that it would be if you were an HOA. I guess being a POA puts your debt at number one priority!

Other than that, I’m not really sure. Property Owners vs. Home Owners HMMMMM

Do you know of any other reasons why we would be encouraged to become a POA?

Chuck W.


Charles E. Wafer Jr.
JulieS
(Georgia)

Posts:412


08/21/2006 2:35 PM  
I printed this article and will use it in helping everyone in our neighborhood understand why we should become a POA.

It gives the HOA more protection and legal rights. Georgia is pretty far behind in the HOA arena. Did you know that in Georgia, if a home forecloses and the dues have not been paid you have no right to them? If you become a POA, you will be able to collect those dues which would otherwise be written off as bad debt.

If you are an HOA, you must physically file liens at the court house (our attorney does this for us). If you are a POA, the liens are automatic. Additionally, if the lien (or dues) for whatever reason aren't paid by the selling homeowner, they can be collected from the new homeowner. We have a situation where we were working on collections and for whatever reason, the management company didn't collect when the house sold (either by not certifying for the closing, lien not being filed, or some other reason) but the dues were never collected, the house sold and we will never get the money unless we go after the person with a lawsuit. If we were a POA, the new owner would become responsible.

Additionally, if someone becomes delinquent, you can foreclose on their property (which isn't stated in the article). You would be surprised at how many people will pay their dues when the thought of losing their house enters the picture. This of course isn't until liens are filed, etc. It is more of a 'last resort' and from what I understand, there hasn't been a home foreclosed by a POA in GA as of yet.

One other thing that is beneficial by being a POA is that it puts your lien higher on the list of all the other liens. Usually, a lien placed by an HOA is the lowest on the list (behind the mortgage, property taxes, etc.). Being lower on the list means a higher chance of of not collecting. POA puts your lien at the top of the list.

Hope this helps...
CharlesW1
(Georgia)

Posts:826


08/21/2006 2:48 PM  
JulieS,
Yes, that did help me! It’s encouraging to hear. I’m going to read the article provided. I hope it gives me a better understand as to why a POA is so beneficial to a community.

Thanks again
Chuck W.

Charles E. Wafer Jr.
MissyW
(Georgia)

Posts:22


08/21/2006 3:49 PM  
Thanks Julie,
That really did help. I wonder what the down side would be. There seems there would have to be one or everyone would be a POA.
Thanks again...
JulieS
(Georgia)

Posts:412


08/22/2006 6:56 AM  
You would amend the covenants to change from a HOA to a POA, per your documents. There is no choice by homeowner...the association is either a HOA or a POA. This will be my next project if I am re-elected to the board in February.
MissyW
(Georgia)

Posts:22


08/22/2006 11:52 AM  
I emailed Big Canoe HOA and this is what they told me:
The POA is like our city government; they handle all infrastructure and other serious issues (roads, security, rules, buildings, etc). The HOA handles quality of life programs, more like the Chamber of Commerce – they put on educational, sports, social, health, cultural etc. programs and events, as well as publish the newspaper and maintain the email list and send out community broadcasts. Anyone who owns property MUST be a POA member, costs are about $175/month per piece of property. HOA membership is voluntary, $35 per year. Most full time residents are members – about 1500 this past year.

Hope this help would love to stay in touch as i hope to lead our HOA in the direction of changing.

RogerB
(Colorado)

Posts:5067


08/22/2006 12:33 PM  
Please make sure to list the state to which you are referring. In Colorado an HOA appears to be the same as a POA in your state.
JulieS
(Georgia)

Posts:412


08/22/2006 1:03 PM  
Missy,

I'm familiar with Big Canoe and that is an intersting analogy but don't quite understand it. I wonder who you spoke to? In Georgia, I'm pretty sure you are one or the other, not both. Until recently, GA HOA's had no legal power and the courts usually sided against HOA rules. That is one reason why WNCW worked so hard in getting the POA legislation.

Roger,

Missy, Charles and I are all in GA....although we are all in different counties.
MissyW
(Georgia)

Posts:22


08/22/2006 7:37 PM  
Julie,
would you like the email address of the person i spoke to at big canoe? I have both teh HOA & POA's. may I post it on here? New to the forum not sure of proper etiquette.
Missy
hoatalk
(California)

Posts:573


08/23/2006 4:59 AM  
Posted By MissyW on 08/22/2006 7:37 PM

Julie,
would you like the email address of the person i spoke to at big canoe? I have both teh HOA & POA's. may I post it on here? New to the forum not sure of proper etiquette.
Missy

Thank you for asking...Please don't post other people's emails here. If you want to share them with a specific member, you can click that member's name by one of their messages and you'll find an email link. This allows you to send a private message to the member via email (and the member's email address is never revealed here for privacy reasons).

Thank You for your support and participation here,
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