This was due to loopholes under the HOA law in GA. Once it’s attached it stays attached.Īgain with the debts owned when it came to a judicial foreclosure the process was easier under a POA than a HOA The POA saved money because we no longer needed to reapply for liens on a property annually. Reasons why:Īt the time of handover we had a large amount of money owed to association.
Poa vs hoa full#
We were able to move our association to a POA luckily without having to have a full member vote as it was hard written into the by-laws that should the board wish to adopt it we could do so with a majority vote of the board and our attorney advised financially it was the better option. Weather you opt to stay as a HOA or submit the document to review under the states Property Owners Act is a matter for what benefits the association more. It’s just your governing documents are governed under different legislation.
In GA there isn’t a lot of difference between a HOA and a POA. If it seems that the Board is unable or unwilling to answer the question, follow up with whether the Association attorney is involved and whether a legal opinion has been requested/published.
I suggest attending a Board meeting and ask the why question. Even ones dealing with owner issues if/when properly redacted in order to protect the owners identity to the best of their ability. An owner is allowed to read any legal opinion on any matter if contracted by the Board in the name of the Association in most States. It carries more weight than a conversation (protected/Board information). Is the Association attorney involved in this and have they issued a legal opinion on the matter? As you’re probably aware, a legal opinion is a legal justification and basis to proceed on a certain path and/or as a possible response to a lawsuit. You don’t get to stack them to give the Association more rights than legally available. There are rights and responsibilities given to each type that may be exclusive on the other. My understanding is that it’s one or the other. I can’t think of a solid explanation as to the “why.” I’m assuming that you have a commercial element to your HOA? And the Board wants more control over that element(s)? Are there rental pools or something like that?Īs to “adding,” I didn’t know that was possible.
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