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KLAW
KLAW, Arbitrator
Category: Real Estate Law
Satisfied Customers: 2837
Experience:  I have over 20 years of experience in commercial real estate law, finance, consumer credit, landlord tenant, and business law.
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What are the rules in Georgia on HOAs raising dues. My hoa

Customer Question

What are the rules in Georgia on HOAs raising dues
JA: What steps have been taken so far? Has any paperwork been prepared or filed?
Customer: No
JA: Have you talked to a Georgia lawyer about this?
Customer: No
JA: Anything else you want the lawyer to know before I connect you?
Customer: My hoa raised the dues without a majority vote of 2/3 of the property owners. I’ve read that the hoa must get at least 66 2/3 approval of all home owners.
Submitted: 7 months ago.
Category: Real Estate Law
Expert:  KLAW replied 7 months ago.
Good morning. I am a legal expert attorney who will assist you today
Expert:  KLAW replied 7 months ago.
A little background. The provisions for paying annual dues are contained in the Declaration of Covenants for your association. The Declaration of Covenants is filed on the deed records in your county’s Superior Court. You automatically agreed to the terms of these covenants by purchasing your home.
The amount of the annual dues or “assessment” is determined each year by the Board of the Association. To protect the interests of both the homeowners and their lenders, the covenants often establish a maximum assessment based on the anticipated costs for maintaining the community. Usually, this maximum cannot be exceeded without a vote from the membership, but some covenants allow the Board to increase this amount each year by a specific percentage, or in step with the Consumer Price Index.So, you need to look at your governing documents. If your documents are silent on limiting increases, then your HOA defaults to the provisions on how the budget is computed. If that is up to the board, they can increase the dues as needed.The governing documents will also indicate whether the members must approve the budget, whether they can vote down the budget, or whether the members have no say beyond the right to replace the board members. Each set of documents is a little different, and yours may have provisions that are unique to your property.I hope this clarifies. Please don’t forget to rate the question with stars. We as attorneys are not employees of Just Answer and are not paid unless you rate the question with stars.
Expert:  KLAW replied 7 months ago.
If you have any other questions please just ask