SoniaC (Georgia)
Posts: 4
Posts: 4
Posted:
does anyone know if there is any laws in Georgia to protect homeowners and the Association from rogue board members?
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HELP IN GEORGIA
Started by SoniaC • 1 replies • 2007 views
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TimB4 (Tennessee)
Posts: 21,062
Posts: 21,062
Posted:
Sonia,
You don't specify the exact problem you are experiencing. Therefore, we can't give specific advice that may or may not help you. I can provide the following:
GA laws are available through lexisnexis on the following site:
http://www.lexisnexis.com/hottopics/gacode/Default.asp
The specific GA code that may be applicable would be:
The Georgia Condominium Act, O.C.G.A. § 44-3-70 to § 44-3-117
(Title 44, Chapter 3, Article 3, Sections 70 to 117)
The Georgia Property Owners’ Association Act, O.C.G.A. § 44-3-220 to § 44-3-235
(Title 44, Chapter 3, Article 6, Sections 220 to 235)
If your Association is incorporated, the following corporate laws may also be applicable:
The Georgia Nonprofit Corporation Code (Title 14, Chapter 3)
Additionally, be sure to read all of your governing documents:
Declaration of Covenants, Conditions and Restrictions
Articles of Incorporation (if incorporated)
Bylaws
Resolutions (formalized decisions made by the Board which include things like rules for common areas and architectural guidelines)
The best protection you have is the membership. You can gather support amongst other members and recall or simply don't reelect the existing Board members. You can then vote in Board members who will work toward the benefit of all (perhaps you can be one of those elected).
You don't specify the exact problem you are experiencing. Therefore, we can't give specific advice that may or may not help you. I can provide the following:
GA laws are available through lexisnexis on the following site:
http://www.lexisnexis.com/hottopics/gacode/Default.asp
The specific GA code that may be applicable would be:
The Georgia Condominium Act, O.C.G.A. § 44-3-70 to § 44-3-117
(Title 44, Chapter 3, Article 3, Sections 70 to 117)
The Georgia Property Owners’ Association Act, O.C.G.A. § 44-3-220 to § 44-3-235
(Title 44, Chapter 3, Article 6, Sections 220 to 235)
If your Association is incorporated, the following corporate laws may also be applicable:
The Georgia Nonprofit Corporation Code (Title 14, Chapter 3)
Additionally, be sure to read all of your governing documents:
Declaration of Covenants, Conditions and Restrictions
Articles of Incorporation (if incorporated)
Bylaws
Resolutions (formalized decisions made by the Board which include things like rules for common areas and architectural guidelines)
The best protection you have is the membership. You can gather support amongst other members and recall or simply don't reelect the existing Board members. You can then vote in Board members who will work toward the benefit of all (perhaps you can be one of those elected).
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