Does a homeowner have any recourse against HOA managment for services being deleted but cost remaining WAY above normal?

Asked about 1 year ago - Canton, GA

HOA dues are 200.00 per month. Services included pool, lawn maintence, including pine straw, cable internet and phone. Now only includes pool. Rates have not decreased. Homes in neighborhood will not sell due to outragious fees for small pool. Forclosures and homeowners walking away from homes. Managment company will not discuss why the fees are so high still. My home could have sold. How can we get the Management to adjust the HOA to a resonable rate?

Attorney answers (2)

  1. Randall M. Lipshutz

    Contributor Level 16

    1

    Lawyer agrees

    Answered . The management company has no authority to adjust the fees up or down. That is the responsibility of the board of directors of the HOA. The management company only implements the decisions of the board. Your questions need to be addressed to the board of directors which should be composed of neighbors or other owners in the community. The HOA should provide you with information on where the funds are being spent and what is included in the current budget.

    It sounds like your association is probably having financial problems with owners not paying assessments, so the few owners that are paying end up covering all immediate expenses but do not generate enough funds to cover all the desired expenses. As the board and the management company for copies of the current budget. If they won't respond, there is a formal way to force the issue under the Georgia Non-profit Corporations Code. Even following the code, the association is only required to make the records available for you to go in, review and copy. They do not have to make copies and send them to you. Once you have looked at the current records, you will be in a position to both understand where the money is going and assist your board of directors in improving matters at the community. For the community to run smoothly, it needs participation by the members, such as yourself.

    If you can't get access to the records on your own, you could contact a community association attorney who can assist you with the process.

    This answer is for general purposes only, and it does not create an attorney-client relationship.
  2. Cyrus Kurush Malekabadi

    Contributor Level 4

    Answered . Yes, you have recourse against your HOA by filing a lawsuit against the HOA. HOA's typically have insurance policies and it is time for you to collect on it. The Board has a duty to act in good faith. Negligence in hiring contractors or in financials that have cost you a sale of your home, or have cost the value of your property to decline are all actionable.

    Feel free to contact my office for my info.

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