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A homeowner in a mandatory property owners' association in Georgia has fallen $1,200 behind on association assessments. Under the Georgia Property Owners' Association Act, what is the association's primary remedy for collecting the unpaid amount?

Correct Answer

A) File a lien against the owner's property for the unpaid assessments plus reasonable attorney fees and costs

Under the Georgia Property Owners' Association Act (O.C.G.A. § 44-3-223), a property owners' association has the authority to file a lien against an owner's lot for unpaid assessments, late charges, interest, and reasonable attorney fees and costs of collection. This lien is the association's primary statutory remedy and attaches to the property, providing security for the debt and a basis for further collection action if needed.

Answer Options
A
File a lien against the owner's property for the unpaid assessments plus reasonable attorney fees and costs
B
Initiate judicial foreclosure proceedings without first filing a lien against the property
C
Suspend the owner's common-area privileges and voting rights as the sole available enforcement measure
D
Obtain a personal judgment against the owner in small claims court but cannot encumber the property itself

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Related Topics & Key Terms

Key Terms:

property_owners_association_actassessment_collectionliensenforcement_remedies
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