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  1. #1
    Join Date
    Jul 2011

    Question Changing Voluntary HOA to Mandatory HOA

    What is the name of your state (Georgia)?

    My personal residence is located in a town home neighborhood with a voluntary association. The neighborhood consists of 44 homes and was built in 1985. I have been a resident since 1996. To the best of my knowledge, the association is not backed by a recorded instrument nor do we have bi-laws. We do have recorded covenants and restrictions; however, they do not reference the voluntary association in any way. Our voluntary association, though not recorded, is incorporated and registered with the Secretary of Stated as a non-profit organization.

    Recently, newcomers to the neighborhood made the decision that they were going to amend the current C & Rs and include in them (among other things), a mandatory association with a monthly fee for covering the landscaping and trash pickup. They are of the belief that through a majority vote that they can impose a mandatory fee on ALL homeowners, including those that voted against the new association. To the best of my knowledge this cannot be done. It has always been my understanding that if they are successful in this endeavor, that only those that voted in favor and any successors-in-interest of parcels subsequent to the time that the amendment is recorded, can be liable.

    I would sincerely appreciate your opinion on this.What is the name of your state (only U.S. law)?

  2. #2
    Join Date
    Nov 2005
    in the ether
    I suggest speaking with an attorney who can read all of the involved documents and give you an opinion. Without reading all the involved documents, it would only be a guess based on what and how you presented the info you believe is pertinent.

  3. #3
    Join Date
    Jul 2011

    Question Info

    The only info available, through a complete search of the public records, is the recorded plat, with no reference of any kind to an association of any kind, and the C and Rs. I already mentioned that the C and Rs do not reference an association. Surely somebody must have an educated opinion on this.

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