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Georgia Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law for Georgia on
Q: can an hoa member be forced to take on ownership of county owned roads if they disagree to it?

our hoa board wishes to purchase and take over the ownership of county owned roads to keep a gate that we have had for over 20 years and illegally operational and installed due to the fact our roads publicly funded. We are being told that majority will win the decision. we are being provided all... View More

Michael D. Birchmore
Michael D. Birchmore
answered on May 28, 2021

Without reading all the HOA documents which have been filed with the Clerk of Court and all the other documents which could impact your question, there is nobody here that is going to be able to provide the answers you seek. I suggest that you find and meet with a qualified real property (real... View More

1 Answer | Asked in Real Estate Law and Land Use & Zoning for Georgia on
Q: is it possible to sue your hoa president and hoa for improper enforcement?

Every time I want to do add an upgrade on my home there is a problem with a fine or letter in my mailbox. The neighborhood is not uniformed so why are you trying to fine me for adding upgrades to my home and telling me to demolish my beautiful upgrades or tear it down. Please I need help.

Michael D. Birchmore
Michael D. Birchmore
answered on May 25, 2021

I agree that you will want legal representation before you tangle with an HOA. They are notoriously vicious and biased in the minds of many people. Be sure to speak with an attorney who works with land, title and HOA issues. It is a tough nut to go it on your own.

1 Answer | Asked in Real Estate Law for Georgia on
Q: If the CCRS state that HOA Board of Directors "shall appoint an ARC" can the Board decide not to do so and act as ARC
Michael D. Birchmore
Michael D. Birchmore
answered on May 7, 2021

Provided there is no specific prohibition regarding the HOABOD being the ARC, then probably. In undertaking the responsibility of the ARC, the HOABOD have essentially appointed themselves. Do I believe this is best for everyone? Probably not.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Georgia on
Q: what happens after lease is terminated but tenant didn't move out.

I am the landlord, lease is terminated with tenant. My lease has plenty for terminating early and hold over fee as well. I notified my tenant with letter and email. He acknowledged. He didn't move out since he wasn't able to get a place. I let him stay due to covid. Know he give me 60... View More

Anthony M. Avery
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answered on May 3, 2021

You have made a mistake. Hire a competent attorney to file an eviction action for possession only today. You are only loosing rent monies dealing with the tenant in this fashion.

1 Answer | Asked in Real Estate Law for Georgia on
Q: Is it possible to get out of a signed purchase and sale agreement in the state of Georgia as the seller?

What are the repercussions from Buyer/Buyers realtor in doing so? Closing set for June 1st. ? Is there any reasonable/legitimate reasons for backing out of contract to prevent any lawsuits/ repercussions from Said buyer and agent?

Michael D. Birchmore
Michael D. Birchmore
answered on Apr 30, 2021

No way to know without a review of the contract. Take it to a real estate attorney to find out more.

1 Answer | Asked in Probate and Real Estate Law for Georgia on
Q: Can a sole beneficiary with Letters of Administration use an Assent to Devise to transfer mortgaged home title to self?

If not the Assent to Devise, please tell the type of deed to use. Single parent was intestate. Only debt is mortgage. Legals in paper are running. Any info will help.

Michael D. Birchmore
Michael D. Birchmore
answered on Apr 29, 2021

The best information anyone her can provide would be simply to seek professional assistance from a good probate attorney. This forum is not built for specific case procedures. There is no way you can provide enough relevant and critical information online.

1 Answer | Asked in Real Estate Law for Georgia on
Q: After I issue a notice to comply and the tenant doesn't comply. What's next in the process?
Michael D. Birchmore
Michael D. Birchmore
answered on Apr 29, 2021

Meet with a good Landlord/Tenant attorney; or let it go.

1 Answer | Asked in Real Estate Law for Georgia on
Q: I have been living in a apartment for four years and my neighbor sleeping with boyfriend or ex

The neighbor above me has been mixing rat poison up with water I believe in a hug and spraying it down in my apartment for four years as well as videoing me in my apartment and sending it to people. She was coming in and out of my apartment sleeping with my ex and brought a bed bug even in here... View More

Michael D. Birchmore
Michael D. Birchmore
answered on Apr 28, 2021

If you believe that you are a victim of a crime, you may call the police to report it.

1 Answer | Asked in Real Estate Law, Estate Planning and Probate for Georgia on
Q: Wife died. no will. House in her name. Who inherits? Just husband? Or husband and children? state of GA
Homer P Jordan IV
Homer P Jordan IV
answered on Apr 23, 2021

A house would typically be considered marital asset, and it was likely both hers and her husband’s. We would need to know more details to provide additional information specific to this situation.

1 Answer | Asked in Real Estate Law for Georgia on
Q: Am I required to forward eminent domain proceeds for property repairs when selling my home now.

I will receive money for a sewer tie in that will be available in approximately 2 years.

Michael D. Birchmore
Michael D. Birchmore
answered on Apr 23, 2021

You did not mention whether the house was under contract yet. If you already have a signed buy/sell agreement with a bona fide purchaser, then you need to involve that person in the discussion. At the very least you would need to disclose it in your Seller's Disclosure statement. This is... View More

1 Answer | Asked in Real Estate Law for Georgia on
Q: Residential house contract; previous owner agreed to repair and signed that he had at closing; discovered he hadn't...

... it was a septic tank repair so we couldn't discover the work hadn't been done until months later when a problem occurred. The previous owner and his agent signed at closing stating the work had been done but it was a lie. Is the previous owner liable? Is the agent? Is the agent's... View More

Michael D. Birchmore
Michael D. Birchmore
answered on Apr 21, 2021

You are dealing with an area of law that is not easily explained. You should take all the documents to an attorney and discuss your options going forward. If you ever doubt you need an attorney, remember, you are asking who you should sue. Typically, that is one of the more simple issues to... View More

1 Answer | Asked in Real Estate Law and Construction Law for Georgia on
Q: Can a lender refuse to do an inspection because current month's payment is delinquent? Lender says loan is in default.

According to contract terms, if payment is made after the 15th, a 10% penalty is due with payment. All (7) payments have been made and accepted. Lender/Inspector stated on "April 19th" he will not inspect the project to fund the draw because the loan is in default. There is a 15 day... View More

Michael D. Birchmore
Michael D. Birchmore
answered on Apr 20, 2021

Go back to the signed loan agreement. You may find language that spells out that a certain number of delinquent payments will result in a default status. Another phrase to watch for is one which allows the Lender to call the loan in default whenever the Lender "... in good faith deems itself... View More

1 Answer | Asked in Real Estate Law, Contracts, Products Liability and Insurance Defense for Georgia on
Q: I had all my water lines replaced about 10 months ago. I had a leak that ruined my floor. Am I liable or is the company

They replaced my pipes about 10 months ago and said they couldn't get to one area, so they just tied into the existing pipe. I discovered a leak about a week ago and they came to fix the problem yesterday. The fitting from where they connected to the old pipe burst and caused water damage and... View More

Michael D. Birchmore
Michael D. Birchmore
answered on Apr 19, 2021

No way to know online and without an inspection. However, it would seem that the problem was the pressure brought in by the new line was too much for the old line to handle. Professionals should know this. Yet, it appears that you knew about it and gave your consent to proceed.

Bottom...
View More

1 Answer | Asked in Real Estate Law for Georgia on
Q: I have an incident report of a then "parking committee" person that reported to the board. This person is now a board.

She is now a board member. I filed a incident report 1 5 yrs ago. She trespassed into my home and lectured the laborers about parking. I was told about it when I came home from laborers. Can I still take legal action against her?

Michael D. Birchmore
Michael D. Birchmore
answered on Apr 14, 2021

Sorry, but you have not provided near enough information. First, your question states this occurred 15 (?) years ago. Did you mean 1.5 years ago? What do laborers have to do with the situation? Most important question of all would be --- How were you harmed by any of this? It appears that you... View More

1 Answer | Asked in Real Estate Law and Animal / Dog Law for Georgia on
Q: I need to consult with an HOA expert.

I am being targeted by the HOA and they are finding me exorbitant amount for my dog being off leash along with other matters of misconduct and abusing board member Authority. I honestly need a pro bono attorney in Atlanta that I can talk to because this is going to get ugly. I have a medical... View More

Randy Bryan Ligh
Randy Bryan Ligh
answered on Apr 14, 2021

If you are seeking a free attorney or one who will charge reduced rates, I would contact legal aid in your area or I would contact the local and state bar association and ask them if they have a list of attorneys in your area who would consider taking your case on a pro bono basis or at a reduced... View More

1 Answer | Asked in Real Estate Law for Georgia on
Q: How do I file an injunction against CHOA to prevent building an 8 story building that blocks sunlight from my home.

The original plan was for a two-story power generation plant built partially undergroud, but plans changed without notice to the adjacent property owners.

Michael D. Birchmore
Michael D. Birchmore
answered on Apr 12, 2021

Meet with a real estate attorney and retain him/her to draft, file and serve the appropriate documentation. you will not be able to complete this on your own. It is highly likely you will also face having to pay the other side's attorney fees if you proceed.

1 Answer | Asked in Real Estate Law for Georgia on
Q: I am trying to apply for Homestead Exemption in Cobb County, Georgia, but have been denied.

I have been in Cobb County, Georgia since January 4, 2020, taking care of my 87 year old mother. She is in an assisted living facility in Marietta, Georgia I can no longer afford to pay rent for a place to stay. My spouse and I are separated at the present time, and he deeded a single family home... View More

Michael D. Birchmore
Michael D. Birchmore
answered on Mar 29, 2021

The GA homestead exemptions process can be a little confusing for some. I have provided the web address to the State's website on the matter. Each county may have its own variations though. You are going to need to study it to understand it better.... View More

1 Answer | Asked in Real Estate Law and Construction Law for Georgia on
Q: Can a condo developer in the state of GA refuse to turn over HOA to homeowners despite completing/sold >95% of complex?
Michael D. Birchmore
Michael D. Birchmore
answered on Mar 28, 2021

Whether / and/or when the developer must turn over the development to the owners is set forth in the initial declaration of covenants and restrictions (C&R). As long as the declaration was recorded properly on the deed records of the county, the owners are deemed to have purchased with full... View More

1 Answer | Asked in Real Estate Law for Georgia on
Q: In regards to wholesaling in Georgia, what are some situations, scenarios or things that could get me into hot water

I just want to make sure I’m doing everything legally.

Michael D. Birchmore
Michael D. Birchmore
answered on Mar 25, 2021

As you have not provided any details or specifics, we will not be able to provide you with a simple response. It appears that you may be thinking of starting a business. Congratulations! If this is true, the very best advice you can receive now is to find a good business oriented attorney.... View More

1 Answer | Asked in Estate Planning, Elder Law and Real Estate Law for Georgia on
Q: A joint mortgage with our daughter & husband: if there's a financial judgment on them is whole home susceptible or 1/4?

In our upcoming retirement, we are considering refinancing our home as a joint mortgage including our daughter and husband. If in the future there is a financial judgment against our daughter or husband, for whatever reason, is the entire home value considered or only their share?

Michael D. Birchmore
Michael D. Birchmore
answered on Mar 18, 2021

There are many other pieces of information we would need to provide a competent response. That said, you would not want to include the daughter and husband on the mortgage. Why would you unless they, too, are going to be co-borrowers? Perhaps you are thinking about putting them on the d-e-e-d... View More

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