Legal Question in Real Estate Law in Georgia

Legality of Homeowner's Association

I purchased a home and was informed of existing protective

covenants. I was never informed of a Homeowner's

Association or Dues. Two months after moving in a

Homeowner's Association was formed and residents were

"invited" to join. There was a small monthly due. I thought

this was all voluntary. Now the Homeowner's Association is

sending letters to everyone who has not joined or paid dues

threating to take legal actions. Do they have any rights to do

this? When I purchased my house, the protective covenants

listed on the subdivision plat did not mention an Association

or anything about Association Dues. Can they force me to

join and pay??


Asked on 6/01/00, 1:27 pm

1 Answer from Attorneys
Charles W. Field Charles W. Field, Attorney at Law

Re: Legality of Homeowner's Association

Your answer will be in the covenants. If they say that anyone who buys into your subdivision is automatically a member of the association, then you are. If the covenants do not address the issue in exactly those terms then you must examine further. If, e.g., the covenants say that each property owner shall be responsible for his/her pro rata share of the expenses, that means the same thing.

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Answered on 7/19/00, 3:38 pm


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