A homeowner in a Georgia HOA community disputes a special assessment, arguing that the charge is based on an informal agreement among neighbors rather than any formal legal authority. Under Georgia law, what is the legal basis for an HOA's authority to levy assessments and enforce related liens?
Correct Answer
C) Assessments and related liens arise from the recorded governing documents and applicable provisions of the Georgia Property Owners' Association Act, not from informal neighborhood agreements.
Under the Georgia Property Owners' Association Act (O.C.G.A. Title 44, Chapter 3, Article 6), an HOA's power to levy assessments is established through the recorded declaration and bylaws, which create binding obligations on all lot owners. Liens for unpaid assessments arise under these governing documents and applicable statutory provisions, giving the association a legal mechanism to collect amounts owed. Informal neighborhood customs or verbal agreements cannot create enforceable assessment obligations.
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Previous Question
A property manager for a homeowners association receives a question from a homeowner about condominium-specific rules. The manager is unsure whether the community is governed as an HOA under the Georgia Property Owners' Association Act or as a condominium under the Georgia Condominium Act. Which statement best reflects the correct approach under Georgia law?
Next Question
A buyer is purchasing a home in a Georgia subdivision governed by a homeowners association. The buyer wants to understand the association's financial obligations and rules before closing. Under Georgia law, what must the seller provide to the buyer regarding the association?