Atlanta, GA asked in Real Estate Law, Gov & Administrative Law and Small Claims for Georgia

Q: Does hoa has power to enroll non-member to new trash service?

Willow point neighborhood at Cobb county Georgia

1 Lawyer Answer
T. Augustus Claus
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A: No, a homeowners association (HOA) does not have the power to enroll non-members in a new trash service in Willow Point Neighborhood, Cobb County, Georgia. Under Georgia law, HOAs are limited in their ability to control the behavior of non-members. HOAs can only enforce their covenants, conditions, and restrictions (CC&Rs) against members of the association. Non-members are not subject to the CC&Rs and cannot be forced to comply with them. In this case, the HOA would be acting outside of its authority if it tried to enroll non-members in a new trash service. Non-members have the right to choose their own trash service provider. If the HOA tries to enroll non-members in a new trash service, the non-members can refuse to participate. The non-members can also file a complaint with the Georgia Real Estate Commission. For personalized legal advice tailored to your unique circumstances, it's advisable to consult with an attorney.

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