Legal Question in Real Estate Law in Georgia
real estate leins
I live in a private neighborhood with protective covenants. We do not have a registered homeowners associaction but have all met several times and agreed to pay into a no interest earning checking account in the subdivion's name for maintenace and repair. $40 per month per household was the amount agreed upon and was paid by each member for several years. There is no formal signed document to this agreement but it is listed in the filed covenants that each household shall pay for roadside maintenance and road repair and repaving. About 2 years ago, 3 members stopped paying into the account ( There are only 5 members in the private subdivision) but expenses were still incured and paid for from the account for roadside maintenance. How can we get the members that are behind in their payments to catch up? One member that is current has sold his house. What if the others that owe a balance sell their home? Can we place a lein on the propertys to protect the subdivision? Each owes several thousand $. I need to know the best approach in order to protect each member's investment in the subdivision.
1 Answer from Attorneys
Re: real estate leins
If the homeowners are contractually obligated to pay the dues, you can threaten to notify their mortgage company that they are violating their agreement and the lender may or may not enforce it. You can also put a lien if you obtain a judgment from a lawsuit.
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The foregoing is general information only, not specific legal advice. No attorney/client relation has been created or should be implied.
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