Please use Bullet Points, not Paragraphs and make each sentence as short as possible for easy reading for our legislators.
Report Concerning [HOA full name here]
(also referred to here as “[Acronym(s)]” or “the Association”)
1. Location and Statistics
- [Subdivision, City, County, State.]
- [Legal Description, which can be found in your closing documents.]
- [Development contains X homes.]
- [Built in XXXX, [here state if the HOA was formed at the time of the creation of the development or other circumstances of the creation of the HOA).]
2. Relevant History
- Governing Documents:
- [Make a list: Note title(s) of formation documents, CC&Rs, Bylaws, etc. and the date(s) they were created or amended.]
- [Add any other relevant history here.]
3. Violations and Incidents
- [Make a list here of all incidents in which the HOA violated law, their own governing documents, and/or common decency. GA Code uses the adjective “reasonable” as a gauge, so reasonable fines, reasonable rules, etc. Note actions that are unreasonable (and yes, that’s very subjective; use it to state your case here).]
- CONCLUSION: [Have an overall statement here regarding your conclusions about your HOA given the evidence listed above. They have acted illegally, unlawfully, against their own governing documents, etc.]
There is reason to question and challenge:
- [Make a list here of all aspects you wish to challenge. For example: record-keeping, financial records, management of the board, validity of elections etc.]
4. Recourse Available to Homeowners
- [Here, list things like “Civil Lawsuit” and then state 1) results of such action if you have tried it (good or bad, to be fair) and/or 2) why you have not attempted a certain action; for instance, lawsuits can run in the tens of thousands of dollars, cost time and stress, and homeowners often fear retaliation in the meantime; another would be to try to recall or take over the board, which can only work with the effort of a majority of neighbors who often don’t care, are afraid of or avoid conflict, and/or are afraid of retaliation.]
5. Legislative Protections/Remedies Needed
- [Here, make suggestions to the legislators as to what, exactly, State Code/law needs to protect homeowners – legal accountability and consequences, specified procedure for elections, etc. You can refer to the proposed legislation for ideas at https://dev.homeownersfightback.com]
6. Other Considerations
- [Here, list any other things you feel legislators should consider. Perhaps elder abuse, ADA violations, Consumer Protection Act violations, etc. This can also include any additional information they would need to know so that you can present a fair, well-thought out, reasonable case.]
[Please attach and refer to any evidence you have to support your claims. I am mentioning them in the text, inserting a footnote, and identifying the items as EXHIBIT A, B, C, etc. I can help you with that if you need it. Or, if you’re not used to doing that and want to do it in a simpler way, you can also say “See Attached.”]