How do I fight HOA in Georgia?

Members can take action against a non-compliant board either through a civil suit (Ga. Code § 44-3-231(g)) or by removing some or all board members or organizing a campaign to defeat their reelection.

Can I sue my HOA in Georgia?

Cases involving HOAs are particularly difficult for the homeowners themselves. Unlike most types of lawsuits, a suit against your HOA involves your neighbors and community, and can make what should be your sanctuary—your home—a source of anxiety and stress.

Who regulates HOA in Georgia?

The Georgia Property Owners’ Association Act (GPOAA), O.C.G.A. §44-3-220, et. seq., governs formation, management, powers, and operation of applicable associations, is Georgia’s law specifically applying to homeowners associations.

What is the Georgia Property Owners Association?

The Basics: The POA was created to define the power and authority of homeowner associations, similar to those laws governing condominium associations. The primary purpose of the POA is to strengthen HOA collection powers.

How long can a HOA board member serve in Georgia?

A board member may not serve more than 8 consecutive years unless approved by an affirmative vote of unit owners representing two-thirds of all votes cast in the election or unless there are not enough eligible candidates to fill the vacancies on the board at the time of the vacancy.

Are HOA board members personally liable in Georgia?

Georgia Court Says HOA Officer & Director Can be Personally Liable to HOA for Breaches.

When should a HOA board member recuse themselves?

Recusal. After identifying a conflict, an involved board member should recuse him or herself from any voting in the issue, as well as refrain from participation or presence in the room when remaining board members discuss the issue. No exceptions. Rules must apply equally to all members, including those on the board.