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Unless prohibited by the instrument, the association shall have the power to bid on the lot at any foreclosure sale and to acquire, hold, lease, encumber, and convey the same.

The notice shall specify the amount of the assessments then due and payable together with authorized late charges and interest accrued thereon. Not less than ten days after notice is sent by certified mail or statutory overnight delivery, return receipt requested, to the lot owner both at the address of the lot and at any other address or addresses which the lot owner may have designated to the association in writing, the lien may be foreclosed by the association by an action, judgment, and foreclosure in the same manner as other liens for the improvement of real property. As an example, Title 44, Chapter 3, Section 232, Subsection C talks about the right of the Association to foreclose on homes: Most homeowners are unaware of this act and their covenants merely reference the act, it is seven pages of additional law that govern their home that they are unaware of even exist. The Georgia Property Owners Association Act (OCGA 44-3-220 through OCGA 44-3-235) governs Georgia HOAs.

Currently, Boards can change rules, restrict enjoyment of common areas, and force desired behavior with fines (even if the desired behavior is not listed in the Covenants)Īs I live in Georgia, I am most familiar with Georgia law.

Boards can use non-judicial foreclosure to collect delinquent assessments there are stories in California that Boards have foreclosed for as little as $400 in fees.

Audits are not mandated, and if they happen, are usually perfunctory and meaningless.

Currently management companies are not bonded in favor of the homeowners.

There are usually no term limits for board members.

Association elections can be rigged and the vote count can be done in private.

If you have never been in a HOA dispute, you do not realize what you are giving away

When buying a home, the Covenants are presented, but the true intent of them are not stated.

Covenants do not give homeowners the right for access to the financial books and records of the association.

Covenants do not specify penalties against board members, managers and lawyers who violate the Covenants.

Covenants are usually drafted by a lawyer and are usually written with excessive obfuscatory technical jargon.

Boards, because you are living in a non-profit corporation, can meet in executive session, thus can legislate and plot in private.

Covenants are design with the HOA in mind and provide little or no homeowner recourse.

Most boards have a lawyer on retainer that they pay for with homeowner yearly dues if you get in a legal dispute, they are using your money to fight against you and can usually get you to pay any additional legal fees if you fail in court.

NO due process, the Boards can issue a violation against a homeowner and be the one that settles the dispute.Most homeowners are not aware that they are one Board election away from disaster and are in reality living in a tin pot dictatorship. If you live in one of these communities, you are living in a private government with no checks and balances. Because you have signed a legal contract with a corporation (usually non-profit), you have signed away all of your constitutionally protected property rights, as any dispute is now a contract dispute. If you have never been involved in a HOA dispute, you might not realize what you have given away if you live in a covenanted community. The worst states, currently, are California, Arizona, Texas, and Florida. In different states, there is documented proof of collusion between HOA Boards, management companies, lawyers, and judges to profit on the foreclosure of homes in covenanted communities. Run by moral people, they can do good, run by amoral people, they are the tip of the spear for the police state. Have you ever gotten into a disagreement with your HOA? HOA’s are tyranny at home and are an integral part of the police state.