Can HOA collect future dues from members who have resigned?
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Can HOA collect future dues from members who have resigned?
Some members have elected to resign from the association pursuant to a clause in the by-laws which provides for such. The HOA attorney has advised the members that they may resign, but will still be obligated to pay all future dues, fees, fines and assessments. Obligation for any accrued or arrears is understandable. Monetary obligation to an organization one no longer belongs to is not understandable.
Asked on March 25, 2011 under Real Estate Law, Georgia
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Your Home Owners Association rules are a binding agreement amongst you so you need to read them and see what they say in order to answer this question. Logically if there is an opt out agreement permitted with the members then it should follow that the requirement to pay dues, fees, etc., should stop. But logic does not always follow the words "home owners association" as far as I can tell. You need to get a lawyer of your own. Chip in with the other people who want to drop out and take your documents to an attorney to review on your behalf. Then you can make a decision after you are properly advised. Good luck.
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