Dealing With a Bad HOA Manager in Georgia

Question:

Our HOA has replaced our property manager about 4 times since I purchased my Condo in Morrow, GA back in 2019. This last property manager does not return phone calls, email messages or any correspondence to him regarding property issues. I have had to email his superior to ask to have him respond, to no avail. In fact, he is missing in action. When and if you get a response from him, it is usually very offensive as if we don’t have the right to ask questions about where our $330 (excessively High HOA fees are actually going). A little over a month ago, the temporary board and him called a meeting, to tell the community that there will be a $50 increase this year and next year we will be having a larger increase because the reserves are not there for repairs that have been promised since I moved in back in 2019. Nothing promised then has been actualized that I can see. In fact, things are looking a whole worse. The homeowners are very frustrated because they all have the same or similar concerns. We feel that we have not been given the complete picture of the where the funds are going and how the monies are being allocated. We are mostly seniors living here on a fixed income and this is gouging / scamming us without any tangible proof that they are doing anything that they are obligated to do. Case in point, I have a mound in front of my property because at the end of 2020 they cut down a large tree. I was informed there would be a flower bed made of the area. It is a site to behold – ugly. After reporting it several times, it still has not been addressed for over 3 years, now. My question is: “What can we do as homeowners who are being harassed, not getting our property cared for as it should be, intimidated if you speak up with concerns and bullied at meetings- which are few, what are our options to prevent these unreasonable HOA rate increases?

– Zakiyyah

 

Answer:

Hi Zakiyyah,

You may opt to review the HOA’s financial records to see where the money is going. If your HOA is incorporated as a non-profit, you are entitled to inspect the HOA’s accounting records as provided for in the Georgia Nonprofit Corporation Code Section 14-3-1602(c)(2). The same is true for HOAs incorporated as business corporations as there is a similar provision in the Georgia Business Corporation Code Section 14-2-1602(c)(2).

For assessment increases, kindly review your governing documents. They often contain provisions for when dues can be increased. They may also include limitations, if any.

Apart from this, you may propose to switch management companies or HOA managers at the next board meeting. You can also hold a special meeting to address this issue as provided for in the Georgia Nonprofit Corporation Code Section 14-3-702(a)(2) or the Georgia Business Corporation Code Sections 14-2-702(a)(2) and 14-2-702(a)(3).

If you choose to switch management companies, here is a resource you may find helpful: https://www.hoamanagement.com/how-to-change-hoa-management-company/

You may also browse our online directory for more options: https://www.hoamanagement.com/

For further guidance, kindly consult a lawyer.

 

Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.

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