🔎Findings
Notice: The content on this site is for informational purposes only and should not be interpreted as legal advice.
More legal battle findings (May 29, 2025)
These are recent articles, 2024-2025. I was told HOAs cannot bully from a neighbor here and there are checks & balances. Well, the videos and articles says otherwise. There is also the HOA Bill of Rights in Florida to limit their authority but how enforceable it is, is questionable. If an HOA loses in a legal battle then who covers their losses? Would it be the HOA members? The legal structure is messed up in its current state. What should have happened is this, it should have been an HOA or a non-HOA community from the beginning and recorded in stone permanently.
More than two million Georgians live in communities with homeowners associations. Their purpose is to handle community upkeep and issues, but they also have a lot of power over homes. A metro Atlanta real estate attorney who deals with hundreds of HOA disputes each year said if residents don’t get a private attorney involved early in the dispute, then fees can rack up that result in liens.
To the anonymous member who keeps harassing us. (May 23, 2025)
For the first notice even if Phase D affected us which Tim nulled and void, there are many defenses such as other people having trailers in this subdivision; when in Rome do as the Romans do. It's the same idea applied to the vinyle fences and selective enforcement is bad practice. For the camper, delayed enforcement for years can be taken into account, and who makes the legal determination that a vehicle is inoperable or not? Are you judging that a vehicle is inoperable based on the "cover of the book"? The people in Phase D may use that in their defense but I do disclaim any liability herein.
For the flyer, you cannot even put a name or return address. How cowardly and hypocritical is that after saying I cannot put a name to a flyer, that you have to hide behind Tim and the HOA? At the beginning, you had a backing vs someone who was in a fog of war (figuratively until after reading the security deed, bylaws, warranty deed, and the covenants). You do know renewing the covenants doesn't mean everything in law right and one has to take account which lots are affected by covenant? We know the covenants have been re-newed, based on the first post I made in findings, which is a sucker punch since it is supposed to expire in 20 years. There are a lot of variables to take into account such as delayed and selective enforcement. We found out the beautification project cost a lot more than initially estimated from Tim (other people check with Tim again about the estimation), so transparency on the site was very low for that and in the HOA meeting. The only thing I got wrong was the yard of the month being sponsored which I apologize but you initially doing legal harassment with the first notice from the beginning which is not right either to get your way. No matter if the HOA does become mandatory or not, you have represented the HOA in a bad light, and you cannot even take responsibility for your actions and made us think it was Tim. By the way my dad is a 22 year veteran who approved the last paragraph so it is not completely invalid. Not being a pushover is something most people need to practice or else what is the point of having rights? We think we know who you are based off the handwriting and speaking to you in the HOA meeting.
For the City of Valdosta requests that you made, we know our neighbors well enough that they would not stoop to such tactics. Lying about us making noise and running a business at home, "Thou shalt not bear false witness against thy neighbor" is something to reflect on. We know our adjacent neighbors.
Why Home Value statistics may be skewed in HOA claims about values increasing 4%-6%? (May 21, 2025)
Questions to ask yourself:
- Were the homes just placed by the developer in hotspot locations and decided to add HOAs there?
- Did the tax assessors or any other entity decide the home values went up but not the consumers?
- Did the consumer have any choice in the matter because of location?
- Who created the studies and what are their biases?
- Are we comparing very low income neighborhoods vs. middle class and upper class who can make improvements to their houses easily?
- How long do the values stay up overtime or do they level out at the end or decline?
Citation: Robertson, L. 2019. ‘Correlation of Homeowners Associations and Inferior Property Value Appreciation.’ Critical Housing Analysis 6 (1): 42-50. https://doi.org/10.13060/23362839.2019.6.1.455
The correlation of homeowners’ association membership with sales price at a given time does not address the question of whether or not homeowners’ association rule enforcement influences the change in price from the time the house was bought until it was sold. Meltzer and Cheung (2014) studied home prices in all Florida homeowners associations and found that price premiums were highest for new homeowners associations but lower the older the homeowner association. This suggests that the premium is associated more with the newness of the house than its location in a homeowner association. Higher house prices associated with homeowners association neighbourhoods could also occur because the developers placed their developments in more desirable locations or included aesthetic or other features desirable to potential buyers that may not be adequately controlled statistically in the mentioned studies.
I do not like statistics as there are too many variables at play and biases.
Title 44 Chapter 3 Article 6 (May 3rd, 2025)
(a) Prior to submission to this article, the association shall be duly incorporated either as a business corporation under Chapter 2 of Title 14 or as a nonprofit membership corporation under Chapter 3 of Title 14, as amended. The corporate name of the association shall include the word or words “homeowners,” “property owners,” “community,” “club,” or “association” and shall otherwise comply with applicable laws regarding corporate names. The articles of incorporation of the association and the bylaws adopted by the association shall contain provisions not inconsistent with applicable law including but not limited to this article or with the declaration as may be required by this article or by the declaration and as may be deemed appropriate or desirable for the proper management and administration of the association. The term “member” shall include a shareholder in the event the association is a business corporation or issues stock. Membership shall continue during the period of ownership by such lot owner.
O.C.G.A. § 44-3-221 Definitions
(c) The association shall have the power to amend the instrument, the articles of incorporation, and the bylaws of the association in such respects as may be required to conform to mandatory provisions of this article or of any other applicable law without a vote of the lot owners.
Original HOA Memorandum for Renewal of Covenants April 25, 2025
Statute of Limitations. April 22, 2025
9-3-24. Actions on simple written contracts; exceptions.
O.C.G.A. § 9-3-24
9-3-24. Actions on simple written contracts; exceptions. All actions upon simple contracts in writing shall be brought within six years after the same become due and payable. However, this Code section shall not apply to actions for the breach of contracts for the sale of goods under Article 2 of Title 11 or to negotiable instruments under Article 3 of Title 11.
Statute of limitation applies to breach of written contract. — Six-year statute of limitation applied to the homeowners’ claim asserting a breach of written contract; to the extent that the complaint alleged breach of an implied contract such claim would be subject to the four-year statute of limitation. Gropper v. STO Corp., 250 Ga. App. 820, 552 S.E.2d 118, 2001 Ga. App. LEXIS 795 (2001), cert. denied, No. S01C1747, 2002 Ga. LEXIS 541 (Ga. June 21, 2002), cert. denied, No. S01C1790, 2002 Ga. LEXIS 542 (Ga. June 21, 2002).
9-3-29. Breach of restrictive covenant.
O.C.G.A. § 9-3-29
(a) All actions for breach of any covenant restricting lands to certain uses shall be brought within two years after the right of action accrues, excepting violations for failure to pay assessments or fees, which shall be governed by subsection (b) of this Code section. This Code section shall apply to rights of action which may accrue as a result of the violation of a building set-back line.
If the fee becomes mandatory, who will be able to set the fee in the future? April 16, 2025
The dues of this organizaiton shall be $ 100.00 for all members the first year, and thereafter, shall be set by the Board of Directors. - Article Ten of Original Bylaws
Rights to consider. April 16, 2025
Your Rights as Homeowners: Understanding HOA Rule Enforcement If your HOA is suddenly trying to enforce rules that haven't been acted on in years, you may have strong legal grounds to push back. Here are four key legal concepts that can protect you:
- Laches "They waited too long." If the HOA knew about violations (like parked campers, trailers, or boats) and didn’t enforce the rules for years, they may have forfeited the right to enforce them now. Courts generally don’t support delayed enforcement that catches people off guard.
- Waiver "They gave it up." If the HOA regularly ignored similar violations in the neighborhood, it may have essentially waived its right to enforce those restrictions in the future. Consistent inaction speaks volumes.
- Estoppel "You relied on their silence." If homeowners reasonably believed that certain uses were allowed (because the HOA never objected), and made decisions based on that assumption, the HOA may be legally blocked from enforcing those rules now.
- Grandfather Clause "You were there before enforcement began." If you've had a camper, trailer, or other restricted item stored outside for years with no complaints, you may be 'grandfathered in' and exempt from new or renewed enforcement actions.
Membership and are Dues Mandatory or Voluntary? April 1, 2025
"Membership in this organization shall be open to all who are homeowners or property owners and who are current with all dues and assessments charged by the Corporation." That sounds voluntary to become a member of the HOA. It did not say like, "Membership applies to homeowners or property owners in this subdivision."
Now if one conducts themselves to be a member of the organization such as paying dues or signing one of their documents, the by-laws may apply to you like an employee following company policies.
Covenant Renewal and Termination April 1, 2025
O.C.G.A. § 44-5-60
(d) (1) Notwithstanding the limitation provided in subsection (b) of this Code section, covenants restricting lands to certain uses affecting planned subdivisions containing no fewer than 15 individual plots shall automatically be renewed beyond the period provided for in subsection (b) of this Code section unless terminated as provided in this subsection. Each such renewal shall be for an additional 20 year period, and there shall be no limit on the number of times such covenants shall be renewed. (2) To terminate a covenant as provided in paragraph (1) of this subsection, at least 51 percent of the persons owning plots affected by such covenant shall execute a document containing a legal description of the entire area affected by the covenant, a list of the names of all record owners of plots affected by the covenant, and a description of the covenant to be terminated, which may be incorporated by reference to another recorded document. By signing such document, each such person shall verify that he or she is a record owner of property affected by the covenant. Such document shall be recorded in the office of the clerk of the superior court of the county where the land is located no sooner than but within two years prior to the expiration of the initial 20 year period or any subsequent 20 year period. The clerk of the superior court shall index the document under the name of each record owner appearing in the document.