Georgia Rules and Regulations for a Condominium Association
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How to fill out Rules And Regulations For A Condominium Association?
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FAQ
The Georgia Condominium Act, O.C.G.A. § 44-3-70 to A§ 44-3-117 and the Georgia Property Owners' Association Act, O.C.G.A. A§ 44-3-220 to A§ 44-3-235 (2004) are the primary statutory authority.
Following that general consensus throughout the country, Georgia law likewise generally provided at Code Section 44-5-60 that covenants restricting the use of land would be valid for a maximum of twenty years, and at the end of the twenty years, the restrictive covenants would automatically expire.
Associations are also empowered to impose and assess fines and temporarily suspend voting rights and the right to use certain common areas and services to enforce such compliance. See, Ga. Code § 44-3-223 (Compliance with provisions of instrument and with rules and regulations; penalties for non-compliance).
Compensation for HOA Directors and Officers Georgia's Nonprofit Corporations Law also provides that "a board of directors may fix the compensation of directors" unless the governing documents say otherwise. Ga. Code § 14-3-812. Any such compensation must be recorded and reported at member meetings.
A board member may not serve more than 8 consecutive years unless approved by an affirmative vote of unit owners representing two-thirds of all votes cast in the election or unless there are not enough eligible candidates to fill the vacancies on the board at the time of the vacancy.
That essentially means that members can sue the association for negligence or willful misconduct, or for its failure to perform its duties properly. The Georgia statute likewise authorizes members to bring suit against other non-compliant members. Ga. Code § 44-3-223.
Yes, you can generally sue your HOA in small claims court if the dispute is for $10,000 or less. It is quite common to take dispute resolution to the small claims court of your state. You will have to pay filing fees and may need to represent yourself, though some attorneys will represent you for a fee.
HOA fees are considered "debts" under the FDCPA, and homeowners are protected "consumers." Victims of unfair debt collection practices can file a complaint with the Georgia Department of Law Consumer Protection Division, the FTC, or the CFPB.
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. Code ? 14-2-101, et.