Georgia Dissolution of Pooled Unit (By Unit Owners)
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FAQ
There would be no one to transact business, make or sign contracts, or to make general decisions about the function of the association. No one would have authority to collect dues or pay contractors. result in increased maintenance fees and/or special assessments.
You can start by calling an association meeting and ask for a vote on dissolving the HOA. If approved, have the agreeing members sign the termination agreement. Settle any debts, dispose of assets belonging to the HOA, and file the necessary documentation with the SOS to complete the dissolution.
What is the Georgia Condominium Act? The Georgia Condominium Act (GCA) regulates all condominiums that were created after July 1, 1975 and any Georgia Apartment Ownership Act (AOA) that submitted to the GCA.
"When there's no board, usually the documents provide for the unit owners to go to court to have someone appointed to the board or to have a receiver appointed," says Moskowitz. "You can take drastic measures to make sure a board is always in place."
Maintenance of limited common elements usually remains the responsibility of the HOA unless otherwise specified in the declaration. Much of this is paid for through the collection of monthly condominium fees from unit owners.
The Bottom Line Can the board make decisions in an HOA without consulting homeowners? In a word, yes. There are certain decisions the board can make unilaterally.
If no one wants to serve on the board, then a condo or HOA can apply for the appointment of a receiver to manage the affairs of the association. This might sound like good news, but it's a costly option, and it cannot be treated as a long-term solution.
Governance of Homeowners Associations in Georgia Code § 44-3-231(f). Duties and powers include enforcement of covenants, assessment and collection of member fees, maintenance of commons areas, and acting on behalf of the association in legal matters.