Archived
If HOA doesn't enforce the home owners covenant regarding parking on the street, does a home owner have to pay HOA fees?
Randall's answer
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Answered on February 28, 2014
The quick answer is "Yes". The Georgia Courts are clear. A member of the HOA cannot withhold dues based on non-performance by the HOA of other...
HOA never responded back after I fixed violations and sent a letter but they are charging $25/day since the first letter sent.
Randall's answer
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Answered on February 27, 2014
First, once the violation was corrected, they can no longer fine. Any fines after you fixed the problem and notified them would be invalid. ...
Archived
How long does a will remain in place in Georgia?
Randall's answer
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Answered on February 27, 2014
Generally, a will that was validly executed remains valid until it is revoked by the testator. WHen the testator dies, the will has to be admitted...
Archived
My neighbor is trying to change the access to my land locked property and I would like to know where the burden of funding lies.
Randall's answer
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Answered on February 24, 2014
In your scenario, you are the benefitted owner and the neighbor is the burdened owner. If the easement exxists, as it appears, and the burdened...
Archived
Is interest calculated including late fees or before late fees are added?
Randall's answer
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Answered on February 21, 2014
The answer really depends on exact language in your covenants. But typically, you could charge interest on assessments and late fees, but you...
Archived
Hello,
I'm writing on behalf of my sister. I just found out yesterday that she had been getting messages from her home owner's
Randall's answer
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Answered on February 21, 2014
The only possible answer from your post is "maybe". To give a better answer, the covenants for the association, the rules and procedures for the...
Archived
Trying to be legal with a Quorum and worried about being sued question....
Randall's answer
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Answered on February 20, 2014
Ms. Digiulio is correct. Not much can be said with any certainty without a review of your documents. There are any number of community...
Can I sue my former tenant for severe smoke damage when we had a verbal agreement of no smoking in the house.
Randall's answer
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Answered on February 20, 2014
Obtaining a judgment will be tough, and collecting the money awarded probably tougher. Verbal agreements for leasing property are generally worth...
Archived
Within a civil matter, what is the effect of answering and appearing upon: (1) perfecting service and (2) personal jurisdiction?
Randall's answer
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Answered on February 18, 2014
If I understand your question and the fact correctly, if you answered the suit without objecting to service in the first filed answer, you likely...
Archived
We have an HOA. Could you please explain a portion of the definition of 'Owner'?
Randall's answer
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Answered on February 15, 2014
Basically, that means anyone holding a recorded deeded interest in the property other than a lender or other lien holder. I could go into a longer...
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