Question:
Who decides the rules in your HOA. Can the rules be changed without your knowledge. What right does an HOA to send you a fine 3 month later with a 25.00 fee a day?
– Susan
Answer:
Hi Susan,
The HOA’s bylaws and CC&Rs are initially created by the developer of the community. The HOA board creates the community’s specific operating rules and regulations. Depending on what’s stated in the governing documents, the board may or may not have the authority to make board resolutions to make minor rule changes. This may require a vote and notice given to the community members. Kindly review your governing documents as the procedure for changing rules may be contained there.
If we’re talking about amendments to the bylaws or CC&Rs, condominiums must follow the Georgia Condominium Act Section 44-3-93, which states that amendments require a vote from the unit owners. The same is true for HOAs governed by the Georgia Property Owners’ Association Act Section 44-3-226.
As for the fines, if your HOA is governed by the Georgia Property Owners’ Association Act, Section 44-3-232 grants the HOA the ability to charge late fees of the greater of $10.00 or ten percent of the assessment. Moreover, interest can accrue at a maximum annual rate of 10.00% yearly. But, fines can only be imposed to the extent authorized by your governing documents.
If the HOA is not governed by the Georgia Property Owners’ Association Act, the HOA may charge interest up to 7.00% per year unless the governing documents authorize a higher rate.
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.
