Starting HOA in existing Georgia subdivision

Started by KimM5 • 1 replies • 2391 views

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KimM5 (Georgia)
Posts: 1

Posted:

We would like to start a HOA in my existing subdivision. A covenant was filed with the county court. By the way, I live in DeKalb County, Georgia. The subdivision is over 20 years old and there was never an association started. Are we able to establish a HOA now? Is there a minimum that we would need in order to start one? Can we have a voluntary HOA for current owners and make it mandatory for new owners? There is nothing in the covenant that states how the HOA should be run. I checked my deed and there is a Planned Unit Development (PUD)rider. Also there are 2 statments from the Covenants that I need clarification.
1. Any party or parties in title on any of the property described herein shall have the right to seek enforcement of these covenants.
2. Record owners of a majority of the lots shall have the power through a duly recorded written instrument to change the membership of the committe ir to withdraw from the Committee or restore to any of its power and duties.

Thanks for your help.

RogerB (Colorado)
Posts: 5,067

Posted:

Kim, as I understand your post you have Covenants but do not have an active association. In that case you should be able to establish an association which I presume would be voluntary to join. I suggest you discuss this with an experienced HOA attorney. To convert from voluntary due paid by homeowners to manitory assessments against each property will be much more difficult. You can use the search option to read the thread on this.

Regarding the clarification:
1. Any owner can try to enforce the Covenants (violations to restrictions); it could require taking the violator to court at your personal expense.
2. Not sure how 'committe' is defined; perhaps it is the Board of Directors. In any case you first need an association to organize the owners prior to this action.

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