Question:
The COA issued violations to two residents for improperly located flags. Flags were not mounted on Porch pole as requiired by bylaws but on the house proper.
Violations were issued in September 2022, I removed my flag but the other resident has not after 5 months and the board has not taken any action against him. He is a friend of the board CEO.
Can I file a complaint to the state of GA and if so to what department, It does not seem worth a lawsuit.
– Robert
Answer:
Hi Robert,
There is no agency that specifically governs homeowners associations in Georgia. That said, you might consider talking to your HOA board first. Let them know that what they are doing is called selective enforcement and that it is a breach of their fiduciary duty. Additionally, if a rule is selectively enforced, an argument can be made that it is no longer enforceable altogether. Talking to the board and your HOA manager is the best first step to take.
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.
