Revival of HOA

We live in Alpharetta, GA in a subdivision of 31 homes. The developer filed a CCR with Fulton county in 1992 which states that there is an association and all owners are automatically part of the association. The developer retained control until he owned no more lots in the subdivision. In 1998, a non profit corporate entity was formed and officially filed with the Secretary of State by an attorney. At that time 3 people were appointed to comprise the Board of Directors and the same individuals were appointed President, Secretary, and Treasurer. The only thing the HOA needs to take care of is the front entrance - which officially belongs to the 2 front lots - but we would like to share the expense of the upkeep. We have never been able to get a quorum on any decision, so about 1/2 of the owners contribute money and help out. We informally take a collection to pay for the upkeep of this small tract of land. The HOA has never established the assessment amount so there have never been any liens put on properties to collect. But the time has come when all those who have contributed are tired of paying for all those who have not - so we would like to pick up where things were left off and formally set the assessment. My questions are:

Our by-laws indicate that the board can set the assessment amount - can this be done by the present board on record even if no meetings or elections have taken place in the last 8 years?

Obviously, since we are such a small community with no common amenities, we would like to keep our expenses to a minimum while at the same time making sure that we do everything by the book to avoid any repercussions. Please advise of any steps we need to make sure we take or items we need to file. Should we look into being a POA? Is this costly?

Thanks for any help you can give.

M. B. D.

I live in a subdivision in SE Cherokee County and work in Alpharetta.... Most of the answers to your questions should be in your covenants. If I were on your board, I would determine how much is needed to maintain the small common area on an annual basis (flowers twice a year, mowing, anything that the HOA will be responsible for) and base the annual assessment on this. If you have a monument sign, you may want to 'build a reserve' for this (replacement/repairs/painting). I'm guessing you do not have irrigation in this area so there isn't a water bill or needed repairs? Depending on what is stated in the covenants, the board should be able to set an amount, notify the community and start collecting. You will also want to set rules in the case that no one pays. Late fees, fines, when a lien is filed, etc. Our assessment is due 4/1 and late on the 10th in which a late fee is assessed per our covenants. I would not recommend leaving the entrance/common area maintenance to those homeowners surrounding it. This is the 'curb appeal' to your neighborhood and could make an impact or statement regarding the subdivision.

Regarding the POA...the only cost would be attorney fees and time spent collecting consent forms to amend the covenants. You can click on the community associations network link to the right, go to Georgia and look at state laws. WNCW have an article on there regarding the reasons for becoming a POA. Also, there is a prior post regarding GA POA with some info in it. A POA may or may not be a benefit to your subdivision.