How can we legally remove all members of the HOA Board of Directors when no homeowners are current on their dues?
Randall's answer
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Answered on November 15, 2019
First, you made your objective a bit more difficult by resigning from the board. As a board member, you had more authority to deal with the issue,...
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My house's former owner allowed county/HOA to install a storm water drainage system. I cannot use the land. What are my options?
Randall's answer
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Answered on November 15, 2019
If the use was open and visible, and if you were told about it before closing, you probably have no claim against anyone. The seller could not...
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What can we do?
Randall's answer
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Answered on November 08, 2019
You are going to need to get your sales contract, your closing documents, and all communications concerning the HVAC to an attorney for review. ...
Is the president of the HOA acting unethically or illegally, and what can be done?
Randall's answer
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Answered on October 31, 2019
First of all, and HOA is limited by statute to collecting 4 years worth of unpaid dues. One often finds self managed HOA boards that don't know...
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My HOA is still controlled by developer has not sold any lots or homes since 2008 and appears to not want to. When does HOA tra
Randall's answer
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Answered on October 31, 2019
The answer depends on your declaration of covenants. That is the document, together with your association bylaws, that governs the timing of...
If HOA covenants prohibit fireworks, can I take action against homeowner(s) and/or HOA that violate this rule or enforcement?
Randall's answer
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Answered on October 31, 2019
In theory, you can probably go after another homeowner for violating the covenants. It would be an unusual set of documents that ceded all...
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Declarant changed the original deadline of Dec. 28, 2018 to dec 2028. To turn a HOA over to homeowners.
Randall's answer
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Answered on October 18, 2019
Unfortunately, there is no way to answer your question without a review of your specific association documents. What you have described is a set...
Can my HOA enforce its restrictions on long term/ overnight parking on our public streets? City ordinance officer says yes.
Randall's answer
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Answered on October 18, 2019
At last check, there is no Georgia appellate case law one way or the other on your question. However, many HOAs are taking the position stated by...
HOA created new charges only on the rental properties seeking a new income source. Is it legal?
Randall's answer
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Answered on October 18, 2019
The short answer, in most cases, is "No", nthe HOA cannot charge a rental property as a source of income. That having been said, if the charge is...
How far back can an HOA collect for past due association fees on non-foreclosed property in the state of Georgia?
Randall's answer
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Answered on October 14, 2019
In Georgia, the statute of limitations for collecting HOA assessments is 4 years. If the HOA is claiming more than that, you have to be very...
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