Form with which the stockholders of a corporation record the contents of their annual meeting.
Stockholder Meeting For Hoa In Georgia
State:
Multi-State
Control #:
US-0009-CR
Format:
Word;
Rich Text
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FAQ
Thus, if the association is organized as a nonprofit, it will be governed by the Georgia Nonprofit Corporation Code. For-profit associations are likewise governed by the Georgia Business Corporation Code, Ga.
Unhappy homeowners can sue the HOA and the board members individually for any number of reasons; for example, if the HOA fails to properly maintain a common area, or discriminates when enforcing a rule. The best protection against liability as an HOA Board member is to take what you do seriously.
Examples of a breach of fiduciary duty include: Using association assets for personal benefit. Putting your interests before the community's needs. Making decisions outside of your authority.
To file a complaint against an HOA, homeowners should first attempt to resolve the dispute through the association's internal complaint process. If this does not work, the next step is to seek mediation or arbitration. As a last resort, filing a lawsuit in state court may be necessary.
The Board members and the HOA management company should ensure the meeting runs smoothly, such as setting an agenda, preparing materials, sending out notices, making sure the meeting is legal, setting up the meeting space, having a quorum, and appointing a meeting chair.
If an annual meeting is not conducted and/or is unable to take place due to a lack of quorum, the directors then in office generally continue to serve on the board until successors have been formally elected and qualified.
The Governing Documents of an HOA in Georgia include the Declaration, Bylaws, Articles of Incorporation, and Rules and Regulations. These documents outline the rights and responsibilities of the association and its members. It's mandatory that they align with Georgia law to ensure they are enforceable.
This is entirely within the control of your organization or its board. However, unless your own rules grant the chair the unilateral authority to make such decisions, he does not have that authority. That is a matter which is within the sole control of the board and its parent assembly.
Some associations may give more power to the president, while others may distribute it evenly among all board members. Generally, a board president does not have absolute authority to make decisions independently. Most decisions an HOA makes must be voted on by the board, as outlined in the governing documents.
Even though every HOA is different, most have similar legal powers under law. These laws allow them to enforce rules and regulations, collect fees and dues, and impose fines.
