Legal Question in Real Estate Law in Georgia
My mother lives in Douglasville, Georgia - when she financed her home she agreed to pay a $300 Association Fee, the fee has gone up every year, which is causing a hardship on her (my mother is retired and on a fixed income; can anything be done about this? She has lived in Georgia for about 4-5 years. Please advise. Thank you.
Valerie M
2 Answers from Attorneys
Most fees go up with time.
She has the answer (and no one here does). It is in her closing papers and disclosures and teh recorded covenants for her home. Those explain how and when the fees go up.
She is bound by what she signed.
The fees your mother is being charged likely have nothing to do with her refinance. They are either condo or homeowner's association fees. She likely was paying them prior to the refinance, but as a part of the refinance process, the lender requires that you the borrower reaffirm the obligation to pay the association fees. The reason is simple -- should your mother fail to pay the fees, the association can put a lien on her home/condo for the amount of the fees and this would interfere with title to the lender's collateral (namely, the home or condo).
Mr. Ashman is correct in that the answer lies in the association's declaration, a document which sets out the rules and regulations of the association. Included in those rules and regulations is typically language regarding how the fees are determined and how much, if any, they can go up per year.
The association's board of directors typically determine how much the fees go up every year, but often times the community must vote on any increase (or an increase above a certain percentage) proposed by the board of directors. So, to answer your question, there are a couple things your mother can do to keep the fee from going up -- (1) Your mother can run for a position on the board of directors during their elections so that she can have a direct impact on these types of decisions. (2) If you mother cannot run or is not interested in doing so, she likely still has the right to appear at most board meetings and certainly at all meetings of the members of the association (typically there is at least one annual meeting) to voice her concerns. (3) She can rally her neighbors to vote against any increase in the fees when a vote is cast. Once the vote is cast, and the results are in, she is bound by them, so she needs to speak up when the opportunity presents itself. (4) She can sell her home/condo and move to a different community.
Best of luck.*****The above is for informational purposes only and does not create an attorney-client privilege.******
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