ThomasW16 (Georgia)
Posts: 5
Posts: 5
Posted:
Our HOA/POA is in Georgia.
The area was developed by a single developer around 25 years ago. He bought up more land than he used in building our subdivision. Along the way, when he sold off land not to be used in our subdivision, those deeds included a clause submitting them to our covenants. There are two lots, not physically in our subdivision which have historically been treated as POA members (subject to dues and assessments) which share nothing with our POA (roads, mailboxes). We recently found 10 other lots with clauses in their deeds submitting them to our covenants that have never been treated as part of our POA.
A couple of other things
1. The original developer says these lots (the 2 + 10) were never intended to be part of our POA.
2. Our articles of incorporation name the sections of land whose owners were to be members. They do not name this other section (2+10).
3. The current owners are asking to be removed from POA since they are subject to dues and assessments but are physically separate and receive no benefit.
4. Over the years, multiple boards have chosen to forego collections on the lots, other boards have collected.
My questions:
1. Can we (the board and/or members) release them from POA membership?
2. Can their property remain subject to the covenants while not being members?
3. What process do we/they undertake to release them?
Their membership appears to be an administrative error. Can this be corrected?
The area was developed by a single developer around 25 years ago. He bought up more land than he used in building our subdivision. Along the way, when he sold off land not to be used in our subdivision, those deeds included a clause submitting them to our covenants. There are two lots, not physically in our subdivision which have historically been treated as POA members (subject to dues and assessments) which share nothing with our POA (roads, mailboxes). We recently found 10 other lots with clauses in their deeds submitting them to our covenants that have never been treated as part of our POA.
A couple of other things
1. The original developer says these lots (the 2 + 10) were never intended to be part of our POA.
2. Our articles of incorporation name the sections of land whose owners were to be members. They do not name this other section (2+10).
3. The current owners are asking to be removed from POA since they are subject to dues and assessments but are physically separate and receive no benefit.
4. Over the years, multiple boards have chosen to forego collections on the lots, other boards have collected.
My questions:
1. Can we (the board and/or members) release them from POA membership?
2. Can their property remain subject to the covenants while not being members?
3. What process do we/they undertake to release them?
Their membership appears to be an administrative error. Can this be corrected?