Georgia HOA

Started by JeremyD3 • 2 replies • 1532 views

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JeremyD3 (Georgia)
Posts: 1

Posted:

I am looking for any help available as we are a non-mandatory HOA in Georgia and we want to change our HOA to mandatory. I am no attorney, our HOA doesn't have enough money to hire one either. According to the 1994 Property Owners' Association Act, O.C.G.A., we can submit to become a mandatory HOA by filing a new Declarations? Any help would be appreciated!

Thanks, J.D.
President

TimB4 (Tennessee)
Posts: 21,059

Posted:

Jeremy,

Typically to change a voluntary HOA to a mandatory HOA you will need to amend your Declaration of Covenants Conditions and Restrictions (the Declaration spoken of within GA law). Typically you will also need 100% of the membership to agree to the mandatory section. Those who do not want to become mandatory typically can not be forced to by those who do.

You will need to hire an attorney to assist you with the paperwork as a change in any deed restrictions (Declaration) will be required and you will need the proper legalese.

My advice would be to pay for an hours time of an attorney and see what the requirements would be (amending the Declaration, 100% or less agreement, etc.). You should also expect a lot of push back from the development so you will need to "sell" the idea as how it benefits each property.
If you don't have 100% participation, you should expect possible legal actions to stop the issue from happening. This action might not happen but it could so you should be prepared (lawyer on retainer, full and complete understanding of the laws, etc.).

Tim

SteveM9 (Massachusetts)
Posts: 3,699

Posted:

Only a fool would voluntarily add their property to a mandatory HOA. But hey, it happens sometimes.

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