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If a board is violating city laws, but will not even address…

Customer Question
If a board is...

If a board is violating city laws, but will not even address this with owners what are our options

Lawyer's Assistant: Where is the property located?

Lenox Rd Atlanta Ga.

Lawyer's Assistant: Has any paperwork been filed?

Do you mean to Board or to city. We have tried to address with board several times with no answers. In minutes at one time they said arborist report had been filed and we requested copy. Board Presidenr stated we would get by June 26. Now they are contending no report was ever made.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I have been to two straight board meetings. The first one when I was given the floor the property manager immediately interrupted and even stated she would have us removed by authorities. The second meeting the secretary said I had three minutes to discuss my concerns because the property manager would then go on the clock. We had only met an hour and I was told her time with us under contract is 1 1/2 hours.

Submitted: 7 months ago.Category: Real Estate Law
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Answered in 12 minutes by:
9/28/2017
Real Estate Lawyer: Ely, Counselor at Law replied 7 months ago
Ely
Ely, Counselor at Law
Category: Real Estate Law
Satisfied Customers: 103,549
Experience: Qualified attorney in private practice including business, family, criminal, and real estate issues.
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Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. You may also be offered a phone call, but those don’t come from me and are offered by the website and you are under no obligation to accept.

I am sorry to hear about this situation. How exactly are the city ordinances being violated, and how are you affected by this?

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Customer reply replied 7 months ago
Trees on our property were cut down at the request of one tenant (not an owner). There has never been an arborist report provided by board after numerous requests. We have gotten in email minutes that Board okayed removal of trees. This was at a cost to all owners. City code says arborist report should be done. The board is denying us access to these and other condo documents. Can they do this if records are not about personnel. We would like to see management company bid records, etc and are being denied access to our property documents.
Real Estate Lawyer: Ely, Counselor at Law replied 7 months ago

Thank you.

Document Access

This is a separate matter all together. In GA, one has to send a written request to see HOA documents, which has to be granted provided reasonable time is given. Reasonable time is considered 10 days from receipt of request. If the HOA fails to do this, the owner can SUE the HOA for the records and get attorney fees. See more HERE. They cannot deny records that you described because they fall into the general business of the HOA.

Violations of City Ordinance

Not as much can be done here. Unless you are DIRECTLY impacted/damaged by the violation, you have no standing to sue the HOA for not following the city ordinances.

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