Question:
The HOA in my community is abusing there power in the community. They given out fraudulent fines, have not held adequate meetings to discuss the community issues, and have had several members quit the hoa only to be ran by one sole person. And they are running the hoa by themselves and have assessed a $7,000 fine on my account. We pay our hoa fees on time as well. Me and my wife need help, please investigate the matter. Or at-least point us in the right direction. We have already hired an attorney in the past that gave us limited results. We seek adequate council. Any help in regards to this matter would be greatly appreciated.
– Jamill
Answer:
Hi Jamill,
You may submit a written request to the HOA board to ask for an account of the penalties and charges you owe. According to the Georgia Property Owners Association Act Section 44-3-232(d), homeowners are entitled to request this statement. They must deliver the request in writing to the registered office of the association. The request shall state an address to which the statement is to be directed.
If the association fails to furnish the statement within 5 business days from the receipt of the request according to the provisions in the Georgia Property Owners Association Act, the lien on your property may be extinguished, if any.
Once received, you may compute and verify whether or not the charges are correct. If the HOA is imposing late or delinquency charges or interest, then according to Section 44-3-232(b), late or delinquency charges shall be charged not in excess of the greater of $10.00 or 10% of the amount of each assessment or installment thereof not paid when due. Interest on each assessment or installment and any delinquency or late charge shall not be in excess of 10% per annum.
Kindly also verify whether the HOA has imposed any fines for violations. You may review the governing documents to see how much fines should be and verify whether or not the computation is correct.
As for the sole board member, kindly review the bylaws to see how many board members there need to be. Typically, if the number of board members is less than the requirement, the HOA needs to fill in the vacancies. You may raise this with the current board or raise it at a board meeting.
As for meetings, according to Section 44-3-230, meetings shall be held not less frequently than annually. However, if the bylaws specify a larger number, the HOA must comply. Again, kindly refer to the bylaws for direction.
For further guidance, it may be best to consult a different lawyer who specializes in HOA-related matters. You may find one through our online directory: https://www.hoamanagement.com/
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.
