Rules For Condo Owners In Georgia
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If your Homeowners Association is a inium Association or Property Owners Association, the Association has the right to foreclose on the property if the judgment balance is $2,000.00 or more. The suit must be filed in Superior Court.
The Georgia Property Owners' Association Act (POAA) is a Georgia law, adopted in 1994, specifically for homeowners associations. The POAA was created to define the power and authority of property owner/homeowner associations, similar to laws governing inium associations.
That means if a water leak causes damage to an individual condo, it's typically the responsibility of the condo owner, not the Homeowners Association (HOA). You're responsible for the water pipes, drains, and plumbing fixtures on your property and ensuring that they conform to the required standards.
Under Georgia law, HOAs have the power to enforce community rules, collect dues, and maintain common areas. These rights are outlined in their governing documents. The Georgia inium Association Act regulates many of these activities, ensuring compliance with state laws.
If you're a tenant and there's a water leak from pipes in the property you rent, you have to get the homeowner or landlord to fix it. If they fail to repair it properly and there's a risk to your health or ability to live in the property, you can contact the water authority.
The association shall obtain: (1) A casualty insurance policy or policies affording fire and extended coverage insurance for and in an amount consonant with the full replacement value of all structures within the inium; provided, however, that the association may exclude from such coverage (A) improvements made ...
If water damage originates from a common area, like a burst pipe in a hallway or a leaking roof, it is generally the HOA's responsibility to address and repair the damage. However, individual condo owners are typically responsible for maintaining and repairing their unit's interior.
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 Property Owners' Association Act oversees the creation, management, authority, and functions of the HOAs in Georgia. It's important to note here that associations can be formed under the POAA or using common law principles. In such cases, this act will not apply.
Also, for the decisions made by an HOA, except for the cases provided for by Article 7(4) of this Law, the HOA members shall be liable, personally and jointly, in proportion to their share in the common property of HOA members. The responsibility of a hired manager is determined by an agreement.
