Can an HOA all of a sudden decied it want to charge a fee of 3.00 to each homeowner who wants excess to the common area (pool) and make you sign a waiver in regards XXXXX XXXXX pool rules. The 3.00 is due to having to change the gate lock to keep those who have not paid the dues out. So....... they have stated that you can buy the key (if you want to go to the pool) or if you dont use it then you dont have to buy one. You must first sign the waiver before you can use the pool and get the key. I believe iam already bound by my DCC to follow the pool rules??? Under the "The Georgia Property Owners’ Association Act" section 44-3-225 can they do this or is there any other law that gives them the right to do this? Yes i do live in GAThanksJoe Everton
Thanks for the chance to help. I am an attorney with over 12 years experience. Hopefully I can help you with your legal question.You have the right section...That is, GA Code 44-3-225 would be the law that applies. What you describe is, technically, "a common expenses benefiting less than all of the lots" since what you describe, this is an expense that would not necessarily benefit all the lots (since not all the lot owners necessarily will be willing to pay the money to use the common area/pool). The law requires that such expenses "shall be specially assessed equitably among all of the lots so benefited, as determined by the board"Basically, the board can impose this fee, so long as the board follows its rules (the rules set out in the bylaws of your HOA). If there is a cost in excess of what the HOA dues reasonably cover, they can vote to impose such a fee.Now, the waiver is a separate issue. I assume you mean a liability waiver (where you waive liability of the HOA in the event of an accident).That is a good question. The board can make and enforce such a rule. The homeowners association (HOA) has broad powers...HOA's are in many ways like small cities. They are organized by charter (the HOA bylaws) and have the power to make and enforce rules within the HOA. So long as the rules are not illegal they can enforce the rules.HOA's rules can range from what color you can paint you fence to if you can have pets to how many cars can park in your driveway.So it is certainly possible to have an HOA rule that limits liability of the HOA from folks who would use the facilities. Now, if they (the HOA) are not enforcing the rule fairly, that can be grounds to have the rule declared void. Otherwise, this is a rule the HOA can make and enforce.Let me know if you have more questions
I am already bound by my covenant to abide by the rules, so why should i have to sign the waiver.??
The waiver is for liability reasons...the can require a waiver from all participants regardless of if they are members of the HOA or not.Basically a waiver allows the HOA to try and claim they are not liable if you were injured and tried to claim they were liable.Frankly, most waivers are worthless...a person or organization can not escape liability of they are negligent just based on a waiver. But the HOA has a valid reason to request one and can do so (again, assuming the board passed this rule).
So i need to go ahead and sign the waiver and then ask that they charge all homeowners the 3.00 wethere they use the pool or not. If they do not make everyone pay regardless of usage then the HOA is incorrect in asking only those who use the pool to do so...... correct.
Yes...that is more than fair. That is, the charge could certainly be assessed to all owners...it is an HOA after all and we are talking about a "common area". SO you can certainly request they lower the cost by charging everyone. But understand that if they refuse you likely have no recourse...it would not likely do you any good to try and sue if they refuse. The HOA can limit the charge to folks who use the pool only. They do not have to...but they can. Now...if they only charged SOME of the folks who used the pool and not others? That would be improper and would be grounds to sue the to force them to change their practices. Let me know if you have more questions
so i really dont have much choice at all is what you are telling me.
I wish I had better news for you. What you describe is not a violation of the law...the HOA can make these rules. It may be your best recourse is to try and get some of the folks passing these rules booted off at the next election.
Last thing, is it in my rights to ask for a list of who is allowed to use the pool base on who has paid this fee with updates
Sure...as a HOA member you have that right. That is, the right to review the records of the HOA. No issue there.
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