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Are Covenants Still In Effect? Does the HOA still exist?

Posted on : 08-30-2009 | By : askinglaw | In : Homeowners Association, Other Legal Topics, Real Estate Law

Tags: , ,


I live in Georgia.The developer still has control of HOA as the subdivision is fairly new yet.last year(2008) the paperwork that HOA’s file with the secretary of state office wasn’t filed and still hasn’t been to this date.The state says it is dissolved.Are the covenants still enforceable by him?Does the HOA still exist? can he re-file and collect past dues that weren’t paid this year?Plus he has never held a HOA meeting.Is that legal?

Answers (1)

I currently am on the Board for our HOA here in our sub-division that was started in 1998 – 12 years ago.

I have just learned that we have not been incorporated nor paid the fee to the State of Georgia for the yearly tax, however, our covenants state the HOA can be in exisitance for 25 years. We also pay a liability insurance policy which covers the officer of the board.

What effect and advantage would the HOA have by being incorporated? Does this matter? Should we be incorporated?


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