Atlanta, GA asked in Real Estate Law and Civil Litigation for Georgia

Q: Concern about developer avoiding POA fees in subdivision.

I am part of a subdivision that is still under development, with some phases complete and others ongoing. The developer appointed a real estate firm to manage the POA since the buildout hasn't reached the 90% threshold for homeowner control. Based on the covenants and bylaws, there is concern that the hired POA may exempt the developer from paying annual fees or assessments for the new phase 2a lots, leaving these costs to existing homeowners. There have been no notifications about this yet. How can I ensure the developer pays its fair share of POA fees, and what steps can I take if they attempt to exempt themselves?

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