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Brandon M.
Brandon M., Counselor at Law
Category: Legal
Satisfied Customers: 12237
Experience:  Attorney experienced in numerous areas of law.
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Im on the 10th floor in a condo in Atlanta Georgia, and due

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I'm on the 10th floor in a condo in Atlanta Georgia, and due to the economic down turn and job market I'm unable to pay the HOA dues so I've been restricted from gym, pool, and gas but the only thing i have issue with is hiking 10 flights of stairs.
i'm also trying to sell the property and this has stopped the showing as now one will go 10 flights to see a unit!
Can they do this?
what can i do? i know this varies from state to state!!!
Submitted: 3 years ago.
Category: Legal
Expert:  Brandon M. replied 3 years ago.
Hello there:

I am not clear on what not paying the HOA dues has to do with hiking 10 flights of stairs. Have they cut off your elevator use? What's happening?
Customer: replied 3 years ago.
yes,it is a F.O.B"card like system to access each floor
Expert:  Brandon M. replied 3 years ago.
You said that you have been restricted from "gas". Does this mean that you don't have hot water, electricity, etc? What impact has that had?
Customer: replied 3 years ago.
As to my knowledge only the stove uses gas, electricity is paid by me and the hot water is heated by electricity as well
Expert:  Brandon M. replied 3 years ago.
Ok, so you basically have no operative stove as well, is that correct? I understand that your main concern is the elevator, but I want to give you the best answer possible and I felt that this needed to be explored. Please forgive me if I am venturing a bit outside the scope of the original question.
Customer: replied 3 years ago.
thats correct, services that is terminated are:
use of gym, pool and pool area, but they never mention the FOB system (not sure why) in writing on any occasion it was just verbal!
here is a copy of the e-mail...


If your Assessment and late fee have not been paid by the 30th of the month your access to amenities will be suspended. This means you will be prohibited from using the clubroom, fitness center, pool facilities and any other common amenity. NO EXCEPTIONS.

If you account remains in delinquent status on the 10th of the following month your dues will be accelerated through the end of the year.

On the 15th a claim will be filed against you in court for both the past dues and the remainder of the dues owed for the balance of the year.

Ten days after the judgment is awarded utilities will be disconnected as allowed by law.
Expert:  Brandon M. replied 3 years ago.
With a 10th floor apartment, restricting access by elevator constitutes a constructive eviction. Typically, cutting off your ability to use the stove would also constitute constructive eviction. Although there is some variance from state-to-state, this would be illegal everywhere. (note: it also violates the state's common sense rules and no-bozo laws even though they are not on the books).

No, it is not legal to evict someone, constructively or actually, except by order of the court. The options for the aggrieved apartment owner would include a civil suit for damages already incurred and an injunction. I don't have a great suggestion for how to go about the actual implementation if you are intent on not using an attorney; small claims is available and very accessible to the general public. You can also go to your county law library and ask the law librarian to help you find sample filings.

I hope that this helps you to understand the law in your situation. Let me know if I may be of further assistance. Thank you.
Customer: replied 3 years ago.
Iwill use an attorney if i know i have a STRONG case, I just don't wish to spend wha little i have to hear a "lets see" and then nothing, is the a link to the Statute that i can pull up or How do i present this case?
I am the owner as i stated earlier if that changes anything!
Expert:  Brandon M. replied 3 years ago.
How to present a case: I would just basically prove the situation and ask for relief. I am guessing that the HOA has no idea whether their actions are illegal, otherwise they probably wouldn't have done it and the facts are going to be hard to dispute. I'm sure they think they are quite clever.
Brandon M., Counselor at Law
Category: Legal
Satisfied Customers: 12237
Experience: Attorney experienced in numerous areas of law.
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