GA POA Act - not applicable?

Started by DennisG7 • 8 replies • 1699 views

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DennisG7 (Georgia)
Posts: 155

Posted:

Well folks, I'm back. Althought my efforts to try and get our HOA Open Space land sold is still churning away, I stumbled upon a line in our 2000 CCR that I had missed until a couple days ago.

On the front page, the cover page with the preparing attorneys name and the date recorded at the courthouse, I found a sentance I had skipped over. At the bottom of the page is this "THIS INSTRUMENT ESTABLISHES A MANDATORY MEMBERSHIP HOMEOWNERS ASSOCIATION BUT DOES NOT SUBMIT THIS DEVELOPMENT TO THE PROVISIONS OF THE GEORGIA PROPERTY OWNER'S ASSOCIATION ACT, O.C.G.A. 44-3-220 ET SEQ"

This is the only GA Code that appears to deal with POA's. So what does this mean and how does it impact our 15 year old HOA? The only reference made in the body of the CCR deals with O.C.G.A. Code 14-3-101, Georgia Non Profit Corporations.

So what does this mean? There is no other reference made to any other GA Code that I've seen. Looks like the developer and the attorney that prepared this in Feb 2000 did this intenionally. Is this a big deal or not? One person that prepares Reserve Studies has told me the HOA may cease to exsist in 20 years from the date filed at the courthouse. That's 5 years away. Anyone have any thoughts on it?

TimB4 (Tennessee)
Posts: 21,062

Posted:

Have you looked at the act?

Perhaps the Association was developed prior to the act being applicable. This may or may not have a bearing. The only way to be sure is to read the statute.

MarkM31 (Washington)
Posts: 556

Posted:

And just because they say they are exempt from a law (act) doesn't make it so.

DennisG7 (Georgia)
Posts: 155

Posted:

Both comments are correct. The act appears to have been written in the 80's but it's been amended nealy every year or two. The las amendments were a couple of years ago.

The attorney and the devloper had this recorded like this. The HOA Board & Homeoners wern't even here until late 2001. I built in 2002.The covennats refer to not other POA or HOA state code. This appears to be the only one 44-3-220.

The developer is gone, out of business about 6-7 years ago. I don't think anyone has ever spotted this. Or perhaps they have ignored it. Just legal mumble jumble? It's there for a reason.

DennisG7 (Georgia)
Posts: 155

Posted:

I have read most of it. It deals with the same issues that our HOA and Board deal with (or ignore) on a daily basis. The big issue I have is the apparent lack of reporting financial stuff and nearly all Board meetings held and then reported after the fact. The Code seems to cover the operation and legal requirements of POA's/Hoa's.

GenoS (Florida)
Posts: 4,276

Posted:

In FL if it looks like a duck, walks like a duck, and quacks like a duck, then it's a duck (duck = HOA) and a developer may not try to get around the duck laws by calling it a woodpecker.

DouglasK1 (Florida)
Posts: 2,046

Posted:

Quote:

Posted By DennisG7 on 07/20/2015 10:49 AM

The developer is gone, out of business about 6-7 years ago. I don't think anyone has ever spotted this. Or perhaps they have ignored it. Just legal mumble jumble? It's there for a reason.

Unless the law cited has a opt-out provision, I can't really see a reason for that statement, or see how it could carry any validity. Laws generally aren't optional.

Escaped former treasurer and director of a self managed association.

LarryB13 (Arizona)
Posts: 4,099

Posted:

I think the answer is in the OCGA:

"§ 44-3-222. Creation of property owners' development; affirmative election to be governed by article

"A property owners' development shall come into existence upon either the recordation of the declaration pursuant to this article or the amendment of a recorded declaration in accordance with Code Section 44-3-235. Any declaration or amendment intending to bring or avail a development of the benefits and provisions of this article shall state an affirmative election to be so governed. Any original declaration shall be duly executed by or on behalf of all of the owners of the submitted property. Any such amendment to an existing declaration shall be executed in accordance with the terms of the recorded declaration being amended thereby."

It appears that a full-fledged POA is optional.

WalterM3 (Georgia)
Posts: 442

Posted:

Our GA covenants are also from the year 2000. The POA does apply to them.

Walt

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