Can I opt out of my HOA altogether?

This is unlikely, but in some cases the HOA or its governing documents may have lapsed or expired. Please contact the office to schedule a consultation to discuss your situation.

My HOA is not enforcing the covenants, can you make them?

This depends on several factors, including how your governing documents are written and which covenants are not being enforced. Ultimately, it may require a court order. Please contact the office to schedule a consultation to discuss your situation.

My HOA is not providing services, can I withhold assessment payments?

No, under Georgia law, you must pay regular, annual assessments levied by the HOA even if the HOA is not providing services. You can still demand the services. That said, there are some rare exceptions that justify withholding assessment payment based on the legal status of the HOA and the governing documents. Please contact the office to schedule a consultation to discuss your situation.

My HOA is not following the rules, does that mean I don’t have to follow the rules?

No, it does not. Please contact the office to schedule a consultation to discuss your situation.

My HOA says I owe them money that I already paid—can you help?

Possibly. If you have proof of payment (canceled checks or similar documents) and a full account ledger, we can review the accounting for errors. We also review for the statute of limitation on assessment collection, the legal rate of interest and other legally questionable fees and costs. That said, for homeowners who owe under $5,000, this is often not cost effective. If the HOA has a judgment against you and is collecting under a settlement agreement, garnishment or other post-judgment remedy, there is very little we can do to assist that will be economical.

My HOA is spreading lies about me, what can I do?

We will consult with you on the underlying issues, but if the matter is solely one of defamation, we will likely refer you to another law firm for that legal specialization. Often, if you can distance yourself from the concern about lies or rumors, you may learn that there are other legal issues at stake with which we can assist you which may give you peace of mind.

My HOA is harassing me. Can I sue them?

We will recommend trying to resolve the dispute first. While homeowners often feel harassed by their HOA for various reasons, legal harassment is different from feeling harassed. Proving legal harassment is extremely fact specific, with a very high bar under Georgia law for the homeowner.