💬 Join us to post & get advice from 50,000 HOA & Condo leaders.

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in

MargoT (Georgia)
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.

TimB4 (Tennessee)
Posts: 21,062
Posted:
Margo,

The answer will be in your governing documents that were in effect at the time the special assessment was assessed. How long ago was that?

Since the Special Assessment has already been passed (as that is how I'm reading your post) you may want to move forward. Otherwise, if you include those lots back in, the amount of the special assessment would/may change and you would be faced with having to refund overpayment of the initial amount.

Sometimes it best to simply learn from the past and move forward rather than try to correct everything that was previously adopted.

Hope this helps,

Tim

🎯 You've read this entire discussion

Join the conversation with 50,000 HOA & Condo Leaders:

  • ✓ Ask follow-up questions
  • ✓ Share your experience
  • ✓ Get expert advice
  • ✓ Access 350,000 discussions
Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in here