Developers wanted to avoid these assessments until a lot was built and sold to a homeowner. A Homeowner’s Association must pass an amendment to its Declaration of Covenants if it wishes to submit itself to the terms and conditions of the Act.ĭevelopers in Georgia did not originally adopt the POA because of provisions which would require the developer to pay assessments for lots not yet built/completed. The Act provided a standardized template for Covenant provisions for key topics such as collection of assessments, voting, notice of meetings, and powers and duties of Associations. Your input matters, no matter your viewpoint.įollowing a trend across the country, in 1994 Georgia passed the Georgia Property Owner’s Association (“POA”) Act. We ask that, as a homeowner, you please read through this information to help form your perspective and respond and vote. The Board has created this FAQ to address many of the resident questions. You also can search Georgia Property Owner Association Act for other firms’ thoughts and information. Please read up on the act here and Pankey & Horlock (the Association’s attorneys) have provided an analysis of the b enefits of a POA. Being a POA gives the Association the ability, in appropriate cases, to foreclose its lien subject to superior liens, which makes foreclosure a collection option for chronically delinquent owners.Being a POA ensures that all owners are subject to all amendments to the covenants when duly approved by the required 67% majority.This helps ensure the past due balances owed to the Association get paid at a sale closing.This reduces cost to the Association and to owners by eliminating court filing fees and attorney fees for the lien.This ONLY makes liens automatic (and no cost) rather than subject to an elected board’s ‘minimum’.Statutory liens and paper liens a re not filed in the county records. Liens on unpaid assessments or other charges are automatic.It does NOT change the structure of the Association, or the scope of the management of the Association.
Written Consent form (vote): Written Consent Form – Declaration Onlyīeing a POA provides the association’s elected Board of Directors with more tools to manage and enforce neighborhood covenants.POA Submission: Declaration Condensed Amendment for Voting.
So all voting will be done via written consent form (link below).Ĩ5 / 624 (416 “For” votes required to pass) We did not have enough attendance from at the September POA meeting to make quorum or vote. These powers affect board processes and ability to manage the neighborhood, but do not substantively change the nature of the Association. By submitting to the Georgia POA, The Brookshire Home Owners Association (residents), and its elected board, gain some additional powers to enforce the covenants of the community. The Brookshire Board of Directors recommends that Brookshire convert to a Property Owners Association.
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