Georgia Developer Not Calling Meetings or Keeping Accurate Records

Question:

Our builder has not turned our HOA over. All lots but one are sold and we have lived here 6 years. We do not hold annual meetings and aren’t given statements of how our money is being spent. Who can I make a complaint to get things changed? They do not keep accurate records of who has paid dues and I just received a letter asking for me to pay two years worth when I tried to contact them last year and this saying we did not receive a statement.

– Jennifer

 

Answer:

Hi Jennifer,

According to the Georgia Property Owners Association Act Section 44-3-232.1(a), the right to control the association may pass from the developer to the property owners if they fail to fulfill certain duties, including:

  • Calling meetings of the members at least annually according to the bylaws and the provisions of Section 44-3-230 
  • Preparing and distributing the annual budget to the owners according to the governing documents

Section 44-3-231(d)(2) also states the HOA must maintain detailed and accurate financial records. You may raise these with the developer and HOA board to hold them accountable or begin the turnover process. 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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