Q: Special assessment by HOA in Georgia
This year first HOA increased our annual assessment from $700 to $800. Within 5 months into this year, they have now levied $350 as special assessment which is like 45% to our annual assessment. They have not done any homeowner voting for that and has sent us notice today with a due date in 8 days. They have given very superficial reasons to do this like unforeseen expenses, increase in insurance premiums, vendor cost increase etc. This HOA is very notorious and has not allowed election since 8 years. By laws is very one sided and does not specify on any voting requirement to do special assessment. Hence want to understand what does Georgia law suggests in this scenario, does HOA has free hand here or since the amount is 45% to annual assessment, Georgia law mandates homeowners voting ?
A: The bylaws and covenants of the HOA will determine the procedures to issue a special assessment. You state that the bylaws do not require a vote to issue the special assessment, so there does not appear to be any recourse for you.
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