March 04, 2020
My HOA may be misusing homeowner's dues
Dear Consumer Ed:
I believe that my homeowners association is misusing homeowners dues. What can I do to figure out how this money is actually being spent?
Consumer Ed says:
You have the right to see a number of documents that can help give you an idea of how your homeowner’s association’s (HOA) money is being spent. If your HOA is subject to either the Georgia Condominium Act (“GCA”) or the Georgia Property Owners’ Association Act (“GPOA”), you have the right to obtain comprehensive reports of the affairs, finances and budget projects at the annual board meeting. The recorded Covenants, Conditions & Restrictions and Bylaws for your association (“governing documents”) may also provide you with the right to obtain financial records, whether or not your association is subject to the GCA or GPOA.
In the worst case scenario, if you are not satisfied with the answers provided in these documents, you may be able to pursue having a forensic audit performed. However, keep in mind that this can be very costly. If you want to explore this further, you should contact a private attorney about your options as it may be necessary to file a lawsuit to obtain the information necessary to pursue this type of audit.
Submit your own question to Consumer Ed. Remember…we do not give legal advice. Always consult a lawyer about legal issues.