Q: Are HOAs in GA bound by covenants only or state law as well?
Residents in our subdivision seek to contest the election of Board Members. Despite expressing this intention, the current board members assert their adherence solely to covenants rather than Georgia state law. Moreover, the Board has declined to disclose election results upon request, failed to distribute ballots in accordance with Georgia state law, and lacks transparency. We, residing in Gwinnett County, GA, aim to initiate the removal of the current Board Members.
A:
Homeowners' Associations (HOAs) in Georgia are indeed bound by both their own covenants and by state law. The covenants, conditions, and restrictions (CC&Rs) of an HOA provide specific guidelines for the community, but these must also align with state laws. If there's a conflict, state law typically prevails.
If you believe that the HOA Board is not adhering to Georgia state law or the association’s own covenants in the conduct of elections, you have the right to take action. Georgia law, particularly the Georgia Property Owners' Association Act, sets forth specific requirements for HOA governance, including the conduct of elections and transparency in operations.
For initiating the removal of board members, review your HOA's governing documents for specific procedures on board member removal. This process usually involves a vote by the association members. If the current board is not compliant with legal requirements or the HOA's covenants, you may consider legal action.
In such situations, it can be beneficial to consult with an attorney experienced in HOA law. They can guide you through the legal process, ensure that your actions comply with both the HOA covenants and state law, and help you advocate effectively for your rights and interests as a resident. Remember, understanding your legal rights and options is the first step towards resolving issues with your HOA.
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