Legal Question in Real Estate Law in Georgia

If you have a condo unit and you have maintenance issues to the exterior of your condo, which the condo documents state are the responsibility of the association, and when you contact their management company and are blown off basically, or given unsuitable answers that suggest avoidance of their obligations time and again, what can you do? It seems that if they continue to try and fend off the homeowner that the unit owner might actually have to sue to get anywhere? And, it's unfortunately the homeowner that has to pay the legal fees for both sides. ... what would you do when in that situation?


Asked on 8/25/12, 6:47 pm

2 Answers from Attorneys
Cyrus Malekabadi Law Offices of Cyrus K. Malekabadi

You are not responsible for the condo association's legal fees when the association defends a failure to maintain action. Typically, the insurance carrier pays for the legal defense.

With that being said, I would STOP paying the HOA dues immediately (why would you pay the condo association when they mismanage your funds?) and use the HOA dues to hire a lawyer and sue them. Relatively simply and straight forward.

Contact my office at 404-522-0341 if you would like to discuss this further.

Good luck.

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Answered on 8/26/12, 7:21 am
Scott Riddle Law Office of Scott B. Riddle, LLC

Paying a lawyer will cost far more than your HOA fees. A lawsuit easily reaches several thousand dollars. You may be better off spending your time instead of money, and get answers from the HOA. You'll also want to canvas other members to see whether there should be a change in the board.

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Answered on 8/26/12, 4:00 pm


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