MargoT (Georgia)
Posts: 80
Posts: 80
Posted:
We are a new HOA in Georgia since October, 2012. The Developer legally turned over the HOA to the homeowners and is now a member with four votes. The HOA Attorney advised there was NO Legal language in the Declaration stating the Developer pays no dues on four remaining Lots. He is a member like the rest of us but he doesn't pay his dues.
The Board's Attorney already filed a Lien on the Developer.
The Board is now holding a Special Board Meeting to discuss the Special Assessment levied against each member which "excludes" the Developer who has four votes.
Help. Since a Lien has been filed for dues in Arrears for eitht months,is the Developer counted in the Special Assessment? Shouldn't the Board include the Developer to pay the Special Assessment since the Declaration clearly states: assessed against each Lot Owner equally on the first day of each year January 1st and during each month of the year, or in such other manner as the Declarant shall designate, in equal installments?
Are there in HOA's in Georgia that has encountered this situation? Your advice will be greatly appreciated. ANY advice will be appreciated.
The Board's Attorney already filed a Lien on the Developer.
The Board is now holding a Special Board Meeting to discuss the Special Assessment levied against each member which "excludes" the Developer who has four votes.
Help. Since a Lien has been filed for dues in Arrears for eitht months,is the Developer counted in the Special Assessment? Shouldn't the Board include the Developer to pay the Special Assessment since the Declaration clearly states: assessed against each Lot Owner equally on the first day of each year January 1st and during each month of the year, or in such other manner as the Declarant shall designate, in equal installments?
Are there in HOA's in Georgia that has encountered this situation? Your advice will be greatly appreciated. ANY advice will be appreciated.