Existing CCR's but no HOA filed. How do we get HOA started. GA

Started by RobinB2 • 1 replies • 2305 views

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RobinB2 (Georgia)
Posts: 1

Posted:

I live in GA. When we purchased our house we signed covenants and were told there was a HOA and paid dues at signing. when the neighborhood tried to elect a board ect, ect, it was discovered there was never A HOA filed with the county or state. The matter was dropped as noone had the finances to pursue the matter. It is now back on the table with new homeowners trying to enforce the HOA and to require dues 3 times the amount we agreed to when we bought the house. No one seems to know where the oringinal HOA fees went. My questions is can these new homeowners legally start the HOA and enforce covenants without a majority vote from the neighborhood? Under Georgia law HOA's can't enforce covenants without being incorporated. Has anyone ever been in this kind of mess? Any input would be appreciated.

Robin

RogerB (Colorado)
Posts: 5,067

Posted:

Robin, check your Declaration to determine if assessments are manditory. If you have Covenants they probably have the wording for setting up the HOA. Check with the Georgia Secretary of State to make sure wether or not your association is incorporated. Yes the homeowners, new and old, can legally initiate the HOA (probably the HOA is already established in the Declaration) and incorporate if not already done. And after the By-laws are approved by the HOA a Board of Directors can be elected. They can enforce the restrictions which exist in the Declaration if there is a manditory assessment to provide necessary funds.

To increase the amount of assessment 300% should require approval of a majority of the homeowners. Again, check the requirements in your Declaration.

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