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Do easements require a member vote?

Atlanta, GA |

Recently I discovered that our Board President and Property Manager granted an easement of some common area to a Bellsouth d/b/a AT&T. Homeowners were never made aware of this nor was this voted on. Generally speaking, do easements require a homeowner vote in Georgia?

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Attorney answers 2


It depends on the authority of the Board President. HOA's are non-profit corporations, governred by the Articles of Incorporation, Bylaws, and Declaration of Covenants. You should consult those documents, as they may contain your answer.

Although I suppose it's possible, a third-party Property Manager, probably doesn't have that authority.

[This communication is intended as general information and not specific legal advice, and this communication does not create an attorney-client relationship.]


The answer does depend on the associatin's documents, but most documents would allow the board of directors to grant a utility easement without membership vote. The rules can be slightly different for condominiums versus homeowner associations, but most likely the board had the authority. The only way to tell for sure is to have the association's documents reviewed.

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

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