Know your rights as a Georgia homeowner when HOAs overstep

On Behalf of | Jul 19, 2024 | Homeowners' Association Issues

Homeowners Associations (HOAs) play a key role in maintaining the quality and value of communities. 

However, there are times when an HOA may overstep its bounds by imposing rules or making decisions that seem unreasonable. If you are in such a situation, you need to know your options for effectively addressing the issue.

Understanding HOA authority

HOAs are governed by documents called the community’s covenants, conditions, and restrictions (CC&Rs). These documents outline the HOA’s powers, duties, and limitations. 

Before taking any action, review these governing documents to ensure you fully understand the scope of the HOA’s authority.

Communicate and document

Communication is a valuable tool when disputes arise between homeowners and HOAs. Remember to communicate with your HOA and express your concern to the board. You can write a formal complaint, attend discussion meetings, and document everything on your part.

Mediation and arbitration

If direct communication does not resolve the issue, consider mediation or arbitration. Many HOA governing documents include provisions for alternative dispute resolution (ADR). Mediation involves a neutral third party who helps facilitate a resolution, while arbitration involves an arbitrator who makes a legally binding decision.

Legal action

If all else fails, you may need to consider legal action. Choosing a lawyer who specializes in HOA law allows you to have the case reviewed, and they can advise you on the best course of action. 

You can also file a complaint with the Georgia Department of Community Affairs (DCA) if your HOA violated state laws. The DCA can investigate and take appropriate action if necessary.

Being aware of your options when dealing with HOA interference can empower you to address issues effectively as a homeowner. Even with the HOA’s authority, knowing your options can help you navigate and resolve disputes effectively.