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Bylaw: Section 9. Open Meetings. All meetings of the Board shall be open to all Members, but Members other than the Directors may not participate in any discussion or deliberation unless expressly so authorized by the Board.
Some board members want to have meetings without homeowners and... View More 
answered on Jan 10, 2024
If this is an issue with the property owners of your subdivision, then I recommend that you (and some of the property owners) consult with an attorney to obtain a legal opinion on this. The attorney providing the opinion will hopefully charge a legal fee in allows the interested property owners to... View More
HOA fees were originally $151 for the 1 bedroom unit. The HOA took out a balloon loan several years ago and assure owners at the time that HOA fees would return to normal after the final payment in 2021. The fees never returned to normal but in December we were notified that they were increasing... View More
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answered on Jan 2, 2024
In Georgia, the ability of a Homeowners' Association (HOA) to raise fees and make major decisions typically depends on the governing documents of the association, like the bylaws and covenants. These documents usually outline the process the HOA must follow for such actions, including how and... View More
Have the highway county does not allow sales outside Gilmer -city of ellijay - very weird but we are wanting to move in the area with our property but they put up signs and looks horrible
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answered on Dec 25, 2023
In your situation, where a city has annexed property that includes a distillery on a county road, there are a few steps you can take to address your concerns. First, it's important to understand the specifics of the annexation process. Typically, a city can annex adjacent areas through legal... View More
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answered on Dec 19, 2023
Yes, it is possible to overturn a lawsuit judgment in Georgia, but the process involves specific legal procedures. To challenge a judgment, you typically need to file a motion with the court within a certain timeframe, presenting valid legal reasons for the request, such as new evidence or errors... View More
Deed is currently in my husband's name due to his previous wife passing away but not the mortgage. Her ex-husband is the mortgage holder. I'm not on either (mortgage or deed). If anything were to happen to my husband (Deed holder), will I still be able to stay in our home if I continue to... View More
answered on Dec 18, 2023
It depends on a few factors. If your husband has a will and leaves the house to you, you will likely be able to continue paying the mortgage. However, it depends on the terms of the actual loan as it was written. You will need to closely review those terms. If he does not have a will and you have... View More
I am seeking clarification of the Application of Regulation Z's Ability-To-Repay Rule to Certain Situations Involving Successors-in-Interest, pertaining to Successors-in-Interest who do not have the title to a property. It is my understanding that this rule was intended to prevent predatory... View More
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answered on Dec 5, 2023
Loan assumptions absolutely do not transfer title. You probably need a probate for that, but this is state-specific and you did not say what state the property is in. You also did not say whether the property is residential or not, and that matters too.
Lenders are all too happy to accept... View More
State of georgia
answered on Nov 22, 2024
The heirs of the deceased will always inherit the property. The laws of intestacy provide a very detailed analysis of who inherits when someone dies. This can extend to cousins of varying degrees when necessary. Schedule a free consultation to figure out who is entitled to inherit the real estate.
Eight months ago, our HOA went from builder control to community control. The election, to our belief, was illegal in that the HOA mgmt. company broke bylaw & CC&R rules plus State (GA) HOA code rules in conducting the election. They also counted votes in secret without an auditor present.... View More
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answered on Oct 6, 2024
In your situation, the first step as a community is to gather support from as many homeowners as possible who share your concerns. Document all the actions that violate the HOA's bylaws, CC&Rs, and Georgia state HOA code. This documentation will be critical if you decide to pursue legal or... View More
My sister entered into a contract with a wholesale real estate company and decided to not go forth with selling. She wants to keep her house, but the contract says she has to sell to them regardless. Can she back out and not lose her home?
answered on Sep 30, 2024
Your sister may be able to get out of the contract if there was fraud or deception in the formation of the contract, the wholesale company is in breach of the contract, your sister was forced against her will to sign the contract, or the terms are unconscionable.
Schedule a free... View More
The HoA Covenants and Restrictions prohibit any sign not explicitly approved by the HoA; however, this provision has been historically, unequally, and inconsistently, enforced.
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answered on Sep 25, 2024
In Georgia, an HOA can impose restrictions on signage, including political signs, if those rules are laid out in the HOA's Covenants, Conditions, and Restrictions (CC&Rs). However, these restrictions must be applied consistently and fairly to avoid claims of discrimination or selective... View More
The deed is is my name also
answered on Sep 10, 2024
If the deed is in your name only, you have the sole right to sell the property. However, if you are currently going through a divorce or are in bankruptcy, you cannot sell the property without a court order approving the sale.
Schedule a free consultation to make sure you make the proper... View More
Or moved it off my property what do I do next
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answered on Sep 9, 2024
First, check your local and state laws regarding abandoned property or vehicles, as these can vary significantly. Often, there is a specific process for handling abandoned trailers or personal property left on your land after an eviction. You might need to post a notice on the trailer and send a... View More
answered on Sep 5, 2024
You will need to file a lawsuit for specific performance to force the seller to sell the property according to the terms of the agreement.
Schedule a free consultation to make sure your contract rights are protected.
He has three kids that she didn't tell what she was doing she just took the property
answered on Sep 5, 2024
It is possible to challenge the transfer on fraud grounds. However, the length of time since the transfer will be a problem. The statute of limitations may have expired depending on the circumstances. You need to act quickly now that you are aware of the fraudulent transfer.
Schedule a free... View More
answered on Sep 2, 2024
Yes, any heir may retain counsel prior to the passing of the individual that the heir may inherit from. If you anticipate that the estate may be contested, it would be in your best interest to retain counsel yourself.
Schedule a free consultation to make sure that your inheritance is protected.
In the slums not a safe neighborhood and one of the roommates are out on bond for sexual assault. Can he break the lease?
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answered on Aug 31, 2024
You have the right to expect that the apartment you leased matches what was advertised to you. If the apartment is in a significantly different condition or in an unsafe neighborhood, you might be able to argue that the landlord has violated the terms of the lease by misrepresenting the property.... View More
answered on Aug 29, 2024
It depends on the language contained in the covenants and restrictions of the community. Review the covenants for a more precise answer as there is no law that directly addresses that issue.
Do both remaindermen have to agree to file suit? Home will be demolished when sold. Georgia.
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answered on Aug 16, 2024
One Remainderman can file suit, but all interested parties in the land must be joined in the suit, either as defendants or plaintiffs. Waste action against a life tenant is a hard cause of action but possible.
I want to build, own and operate a home as an airbnb that is mostly a historical recreation but I want to incorporate a couple of rooms that are themed after the bedrooms of characters from a popular tv show and this home would be located near the filming locations of said show. Do I need... View More
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answered on Aug 2, 2024
To decorate your Airbnb rooms to resemble those from a popular TV show, you likely need to consider intellectual property rights. Creating rooms that closely mimic the show's set design could be seen as an infringement of the film studio's copyrights. This is especially true if you plan... View More
HOA filed compliant judicial foreclosure of lien and damages for balance owed. I can pay outstanding balance and plan to answer the complaint. Will court be necessary? Will payment end the process?
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answered on Jul 25, 2024
Hire a GA lawyer today. HOA intends to take your condo. It is too serious for you deal with. You knew you had to make the HOA happy when you bought the place.
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