Expired Covenants - poool and club house situation

Started by HolgerF • 2 replies • 591 views

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HolgerF (Georgia)
Posts: 1

Posted:

Our neighborhood in Walton County, GA has a pool, a clubhouse and a playground that is supported through the yearly HOA fee and the seasonal pool fee.

The HOA fee per year is $ 50 but it is unfortunately not mandatory and the cost to join the pool per season is $ 350. In 2018 we had only 29 neighbors from 250 that paid the $ 50 HOA fee and 29 families that joined the pool.

The collected funds are not sufficient for the upkeep of the pool, clubhouse and playground.

Due to the financial situation we have to close the pool and the club house end of August for good.

The question is what happens now to the pool and the clubhouse? What is the last step the existing members of the HOA have to do?

The covenants of the neighborhood are expired.

We appreciate any advice.

SheliaH (Indiana)
Posts: 6,964

Posted:

This is a legal question, so you may need to go to a private attorney to get the right answer. The HOA still owns the property, so if it seems everyone has decided they don't want to bother with a HOA at all, the attorney can help you determine what needs to be done to formally dissolve it.

However, the property the clubhouse, pool and playground sits on is still the HOA's property, so your community will have to figure out if it can be sold - perhaps the city might take it and turn it into a public park. Of course, that might create another set of problems (parking, noise, etc.).

On the other hand, it may be the playground and clubhouse are more attractive and useful than the pool, so the community could choose to fill in the pool and develop the area as some sort of outdoor entertainment area or even a community garden. Get some estimates on how much that would cost and then hold a few homeowner meetings to get everyone's thoughts and suggestions on what to do.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Holger

Explain to all owners that you cannot keep the pool operating without a mandatory fee to each home. See where that goes Many may not use it but consider it a plus when selling.

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