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WiseOwl58, Lawyer
Category: Real Estate Law
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Experience:  Experienced real estate lawyer and real estate broker.
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Can an HOA assess members for maintenance for common

Customer Question

Can an HOA assess members for maintenance for common property that it dors not legally own?
Submitted: 1 month ago.
Category: Real Estate Law
Expert:  TJ, Esq. replied 1 month ago.

Hello and thank you for the opportunity to assist you. My name is ***** ***** I'll be glad to help if I can. However, I am unclear about your question. Can you provide a little background information? What do you mean the HOA does not own the common property? How could it be common property if it's not owned by the HOA? Thank you.

Expert:  WiseOwl58 replied 1 month ago.

The answer is no. Under Georgia law, the HOA cannot asses you fees for property it does not own. You can reject any such fee presented to you, and legally the HOA cannot enforce and will lose if it goes to court.

Please rate 4 or 5 and close out the question. Good luck to you. I wish you all the best.

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