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Late on Ass Fees

Discussion in 'Other Ownership, Use & Privacy Issues' started by Mike2000, Feb 18, 2006.

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  1. Mike2000

    Mike2000 Law Topic Starter New Member

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    I'm self employed and have endured a bad year in '05. I've fallen behind 3months on my homeowners association fees. It looks like my luck is better this yr and I should be in a position the first of the month to make a payment that will bring me up to date.

    The Association has frozen my access card denying me access to the garage and doggy walk. I have been a good sport about that because I don't think that my misfortune should compromise the quality of our environment. I do realize that though I intend to bring my account current, there are those who couldn't care less about the up-keep of our building, so, I don't have a problem being denied access to these areas.

    However, I do have a problem with a decision by the board to start towing cars owned by homeowners that are behind on their fees. The parking space in the garage that's assigned to my unit is a space that I own - I have a Deed for this space. I've lived with the denied access to my parking space, but to threaten to tow my car doesn't sound legal. Is this legal in Georgia?
     
  2. Malibu_Barbie

    Malibu_Barbie New Member

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    Hmm, have you carefully read the stipulations to determine whether the Homeowner's Association reserves the right to tow your car? Have you re-read your deed to ensure that the property where you park is incorporated therein? Have you referred back to the other agreements as to whether failure to pay homeowners association fees would allow the tow? You might want to re-read all of these documents, as they relate to each other, then let us know your interpretation afterward, and post portions of the stipulations if you would like for us to read and try to assess the situation.

    Also, I'd be interested to know whether your agreement with the homeowners association states that official "notice" must be sent to the homeowner prior to towing his/her vehicle (please check your documents for that as well). Have you received anything in writing from them that any privileges would be taken away, and if so, did it specifically state "towing".
     

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