My neighbors fence goes beyond their property line and I to common area. I found out because of a survey I had done on my property. I brought this to the attention of one of the board members and was later told that since it's been a while the board was okay with it. The neighbor is on the board. This board member and neighbor had a survey done of the north boundary behind my yard and along my property line and billed the HOA. When I questioned this the board then said she paid $175 out of the $875 for this but this was personal and invoice did not break out the cost for boundary line done on my property. I do not believe the Baird when informed the boundaries done behind my property and neighbors was due to tree cutting request as the neighbor on the other side moved in December and survey done in January. This Board seems to make up things as they like and use HOA funds as they like. Can I request an audit for last three years & get details of how funds have been used? I have requested several times but not received. I also feel like the board is now trying to harass me with with parking violation threats. No one is parked overnight but caregiver sometimes park in day
HOA's have a great deal of power in Georgia. IN a dispute with an HOA, keep in mind that all HOA's are non-profit corporations and you are a member of that corporation. HOA's may try to restrict your rights with respect to use of common areas, etc., under the provisions of the Declaration of Covenants, but under NO circumstances can they prohibit you from inspection the books under the non-profit corporation laws, and if there are any shenanigans going on, that's how you'll discovery them. AS far as the fence issue, adverse possession may come into play, but I haven't looked at it for a while so can't say whether the clock starts running on the date of the adverse possession or upon discovery. Sounds like a good google question.
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