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HOA question ...

Posted on 10/14/14 at 3:54 pm
Posted by RevoLtingDawg
West Georgia
Member since Sep 2004
82 posts
Posted on 10/14/14 at 3:54 pm
... Our Homeowners Association expired many years ago. Under Ga law, they had 2 years prior to the 20th anniv to get it done (we're grandfathered under the old Ga law before it was changed). They didn't. Somehow they got something done legally as a HOA without any legal authority over the homeowners. I think this was done to protect ownership of the two lakes and lake lot.*

They sent out a bill for taxes and association dues. I talked to them and they admitted they can't force us to pay.

My question is ... if I pay, does that in any way make me (legally) a part of their association ? I don't mind paying, at all, but I don't want to ever be under a HOA again.

* This is an older subdivision in a rural area with no lots for sale.

Posted by crispyUGA
Upstate SC
Member since Feb 2011
15919 posts
Posted on 10/14/14 at 4:02 pm to
Tell them to go frick themselves while you take a shite on your front lawn because you do what you want.
Posted by Stacked
Member since Apr 2012
5675 posts
Posted on 10/14/14 at 4:03 pm to
For all serious questions click the status bar at the top of the screen and type in any fricking other website.
Posted by nes2010
Member since Jun 2014
6763 posts
Posted on 10/14/14 at 4:04 pm to
If they can't force you to pay, why would you want to? And by "can't force" I assume you mean they can't take a lien out on your house over it?
Posted by Mizzeaux
Worshington
Member since Jun 2012
13894 posts
Posted on 10/14/14 at 4:06 pm to
I'm guessing giving them any sort of consideration/money would be you showing you consider them a legitimate authority. If they're just taking care of the common areas the association owns, like the lakes and lake lot, with no other desire to assert authority over the privately owned land in the community there probably isn't an issue with paying. I'd like to see it in writing, though.

Maybe donate a different amount of money to the association for preservation of the stuff they take care of until it's clarified.

To be honest, it sounds like a shitty situation waiting to happen if there's ever a need for some maintenance/taxes being paid and half the people decide not to pay. They could probably start charging a fee to use their property to offset their expenses which would suck, especially if you paid up front as requested.

I'm not an attorney, though.
Posted by GooseSix
Member since Jun 2012
19528 posts
Posted on 10/14/14 at 5:25 pm to
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Posted by NYCAuburn
TD Platinum Membership/SECr Sheriff
Member since Feb 2011
57002 posts
Posted on 10/14/14 at 5:44 pm to
There is not enough information provided to give you any sort of legitimate answer. Sorry
Posted by KSGamecock
The Woodlands, TX
Member since May 2012
22982 posts
Posted on 10/14/14 at 6:47 pm to
Don't give them money, don't even open the door for them to claim legitimacy or authority.
Posted by RevoLtingDawg
West Georgia
Member since Sep 2004
82 posts
Posted on 10/14/14 at 7:09 pm to
quote:

Don't give them money, don't even open the door for them to claim legitimacy or authority.

quote:

Mizzeaux -
I'm guessing giving them any sort of consideration/money would be you showing you consider them a legitimate authority.


That does it. Thanks
Posted by Aux Arc
SW Missouri
Member since Oct 2011
2184 posts
Posted on 10/15/14 at 10:52 am to
Make clear it is a donation by noting it on the face of the check and mentioning it in a letter sent with the check. Specifically indicate it is not an acknowledgement of the legitimacy or authority of the HOA. If the neighborhood needs to spend money to maintain common areas you are doing yourself a favor by contributing to that cause. If it goes to shite your property values will suffer.
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