Georgia Neighborhood Being Forced Into HOA

Question:

We live in a subdivision that has never been part of HOA. I am one of the last original owners. 31 years here. The neighborhood next to us trying to enforce their hoa into us. It is my understanding the HOA in question was dissolved some years ago. One woman opened pool and collected fee for pool. She opened pool to our hood as they were not making it with just their neighborhood.
They are misleading the people in my hood saying it has always been part of. It’s not nor has it ever been. They are trying to enforce codes on my neighbors. They have not redone the filing for hoa. But they have self appointed a hoa board.
What do I do?
I have stage iv cancer I really don’t need this stress in my home of 30 years by some people that think they can just take over and rule here! Help!!!!

– Mary

 

Answer:

Hi Mary,

According to Georgia law, “A property owners’ development shall come into existence upon either the recordation of the declaration pursuant to this article or the amendment of a recorded declaration in accordance with Code Section 44-3-235.” As such, to know if the HOA exists, it is worth checking the recorded declaration with your county or local recorder’s office. Additionally, HOAs typically have a community plat or map, which indicates which lots are part of the HOA. If your lot is not included, then it is not part of the association.

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

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