Legal Question in Criminal Law in Georgia

Is it a crime, and if so, what crime for - an individual to represent themselves as something or someone of 'authority' whom they are not. For example; a person claims or says they are the 'president' of some entity, or association while in fact they are not.

They have gained no monetary reward; but are using this title to gain influence with others who have genuine legal status or title.

A neighbor represented herself as "President of the Homeowners Association" in a community that has only an informal association (no dues, no officials, etc.) to the county land department Director requesting their assistance in a dispute.

I received an official letter and responded. Talking to the county official I found that the person told him that she was the president of the HOA and that there were guidelines that were broken and wanted him in an official capacity to handle the matter. My question was why did she not come to me directly?

And so back to my original question is it illegal, criminal, whatever, to hold oneself out as a person with authority as in this situation. Is it not False Pretense? Is it False representation? Only influence was gained, not money or compensation financially.

Thank you.

Since the last attorney chose to answer with sarcasm rather than request more detailed information I included the issue at hand to see if that even mattered, or can help receive an intelligent response instead of an insult.


Asked on 8/01/12, 10:37 am

1 Answer from Attorneys

Cyrus Malekabadi Law Offices of Cyrus K. Malekabadi

The "county official" has absolutely no business resolving an HOA dispute. It is a civil matter and never, under any circumstances would it fall under the auspices of a governmental entity.

Unless you are talking about ACC restrictions, zoning ordinances and building codes.

Feel free to contact me at 404-522-0341 for help regarding your HOA dispute.

Good luck.

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Answered on 8/01/12, 11:19 am


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