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Ray
Ray, Lawyer
Category: Real Estate Law
Satisfied Customers: 37739
Experience:  Texas Attorney for 30 years dealing in real estate
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In Georgia, how long does the HOA have to hold a special meeting

Customer Question

In Georgia, how long does the HOA have to hold a special meeting when presented a petition complying with a Quorum.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Ray replied 1 year ago.
Hi and welcome to JA. I am Ray and will be the expert helping you today.
Here this should be scheduled and proper notice given.There is not a time limit under Georgia law but the HOA rules may have one so check that as well.
Below is the statute but it just references the amount of notice that must be given.
O.C.G.A. 44-3-230 (2010)
44-3-230. Frequency of meetings; notice
Meetings of the members of the association shall be held in accordance with the provisions of the association's bylaws and in any event shall be called not less frequently than annually. Notice shall be given to each lot owner at least 21 days in advance of any annual or regularly scheduled meeting and at least seven days in advance of any other meeting and shall state the time, place, and, for any special meeting, purpose of such meeting. Such notice shall be delivered personally or sent by United States mail, postage prepaid, statutory overnight delivery, or issued electronically in accordance with Chapter 12 of Title 10, the "Uniform Electronic Transactions Act," to all lot owners of record at such address or addresses as designated by such lot owners or, if no other address has been so designated, at the address of their respective lots. At the annual meeting, comprehensive reports of the affairs, finances, and budget projections of the association shall be made to the lot owners.
They would have to comply with the by laws and also have at least an annual meeting.If the bylaws have a shorter period then they have to comply with by laws as per the statute.
http://law.justia.com/codes/georgia/2010/title-44/chapter-3/article-6/
I appreciate the chance to help you today.Please let me know if you have more follow up.Thanks again.
Customer: replied 1 year ago.
The petition submitted was for an above ground pool. I had over 50% of homeowners sign it stating they approved if not visible from street. What if I put up anyway? Lein on my house? I am never planning on moving. Thanks.
Expert:  Ray replied 1 year ago.
Yes they could fine and lien here.I would just keep bothering them.They likely will schedule this in the next month or so.
Good luck to you.A pool is a great thing to have this time of the year.