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CharlotteP (Georgia)
Posts: 3
Posted:
I need help understanding the following disclamer that is typed at the bottom of our CC&Rs: 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

Does that mean the state statutes do NOT govern our homeowners association, how is that?

CharlotteP
JohnM3 (Florida)
Posts: 288
Posted:
What state are you in. In Florida it is manditory to obey FL Statue 720 HOAs rules and regs.
BradD2 (Florida)
Posts: 418
Posted:
You have to understand also that there are POAs and HOAs in many states. It might just be a notice that you have an HOA and so POA laws don't apply. If that is not the case it doesn't matter what the document says; it still has to follow the applicable state statutes.
JM2 (Oregon)
Posts: 439
Posted:
Hi Charlotte:

If your HOA has a Management Company, I would call your manager and ask what that means...if not, call an HOA lawyer to clarify, particularly if your HOA has a lawyer; it would cost you but then you would know...

JPM
PaulM (Pennsylvania)
Posts: 1,347
Posted:
CharlotteP: Since your assn. CC&Rs are to follow state docs, I would consult with the county office in which it was filed, and ask the question.
The developer would have had to include on the first page of the declaration the file date for the planned community. I would also ask the local municipal office.
JosephW (Michigan)
Posts: 882
Posted:
Georgia's POA law allows associations to be created outide of it, or for older associations to bring themselves uner it. In this case, you're documents opted you out of the state POA law. Here is an article from a Georgia law firm that explains it better:

http://www.wncwlaw.com/services/community_associations/poa.cfm

Joe

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PaulM (Pennsylvania)
Posts: 1,347
Posted:
CharlotteP:
The disclaimer you have noted refers to the GA Property Owners Assn Act not a State Homeowners Assn or Planned Community Act, which I don't believe Georgia has.

Review the Declaration document's first few pages to see if the Declarant/Developer filed/recorded the documents '..pursuant to...any GA Act.'
Are you certain that you are an actual Homeowners Association? Perhaps a homeowners association in GA does not fall under a property owners act.

I would suggest you check with the county in which the document was recorded and also with your local municipality office.

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