Question:
I’m trying to figure out whether an HOA is legitimate. My parents purchased their home in a subdivision in Georgia in 1989. There was no HOA covenant in place at that time. Recently, they’ve been getting communications from a supposed HOA but were never notified of their formation and never signed an agreement to be party to such. I’ve checked the Secretary of State website and I see the HOA registered as of 2017. Don’t the homeowners have to agree to be subject to an HOA?
– Jennifer
Answer:
Hi Jennifer,
If the HOA did not exist during the time of purchase, the homeowners may need to consent to join the HOA. Kindly check the documents given when your parents first purchased the home to verify that there was no HOA before they bought the home. You may also review the current HOA’s governing documents to see the community plat and verify whether the home was included involuntarily.
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.
