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KayB (Georgia)
Posts: 3
Posted:
We are in Ga and considering becoming a member of the Ga Property Owners Assn. and wonder if it is an easy process or if we need to have our law firm do it for us for a LOT of money. We don't question the beneift of doing this -- just the best way to achieve it. Anyone have any info?
JohnO6 (Georgia)
Posts: 424
Posted:
My suspicion is that your talking about submitting your HOA to the Georgia Property Owners Association ACT, not ASSOCIATION?

If so, there may or may not be advantages depending on the current state of your governing documents. If it turns out to be advantageous, then I suspect it MIGHT require an amendment to your Declarations.

This info is needed before a valid opinion can be offerred
JohnO6 (Georgia)
Posts: 424
Posted:
Here is a link to an article about this issue from the law firm that our HOA uses:

http://www.wncwlaw.com/services/community_associations/poa.cfm
KayB (Georgia)
Posts: 3
Posted:
Thanks!
ChantalH (Georgia)
Posts: 3
Posted:
The law firm that we use is in Marietta. Their fee is $750 for us to join the POA. I have put it into our budget for next year.
KayB (Georgia)
Posts: 3
Posted:
oUR LAW FIRM WANTS ABOUT THE SAME. i'M JUST TRYING TO FIND OUT IF THIS IS SOMETHING THAT WE OURSELVES COULD DO INSTEAD OF PAYING THEM TO DO SOMETHING THAT MAY BE IDIOT SIMPLE. DON'T KNOW WHAT IS INVOLVED IN DOING THIS.
ChantalH (Georgia)
Posts: 3
Posted:
I am not sure, but would love to know!
GloriaL (Georgia)
Posts: 195
Posted:
Quote:
Posted By KayB on 09/18/2008 2:38 PM
oUR LAW FIRM WANTS ABOUT THE SAME. i'M JUST TRYING TO FIND OUT IF THIS IS SOMETHING THAT WE OURSELVES COULD DO INSTEAD OF PAYING THEM TO DO SOMETHING THAT MAY BE IDIOT SIMPLE. DON'T KNOW WHAT IS INVOLVED IN DOING THIS.

Our HOA just opted into the GAPOA this year. It took nearly one year to get it done. It involves amending your Covenants and By-Laws with the proper legalize. I wouldn't advise doing that yourselves. Do not underestimate the importance of the wording of your Covenants. They bind every HomeOwner, so it really is to the benefit of all HomeOwners to have an attorney draw up the documents. This is one of those instances that you do not want to be pennywise and pound foolish.

First, we had to amend our By-Laws to allow for a vote without having a meeting. Our By-Laws did not need to be recorded. After we met the assenting criteria to amend the By-Laws, then we had to get assenting vote of 2/3 of the membership to amend our Covenants and opt into the GAPOA. Our Attorney drafted up all the letters for all of the votes. Then they drew up the legal documents opting up into the GAPOA and had it recorded with the County Clerk of the Superior Court.

This is not a Rules & Regulations document created at the whim and pleasure of the existing BOD. Personally, I think the $700.+ legal dollar amount is HomeOwners' money well spent.

Gloria

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