163 Comments
June 3, 2020

What does this mean for me?

1. Limited legal framework: POAs in Georgia operate under the Georgia Property Owners Association Act, which may have certain limitations or restrictions compared to more established legal frameworks for HOAs.

2. Lesser control and governance: POAs might provide fewer powers and authorities to homeowners compared to HOAs. This could result in limited control over decision-making processes or enforcement of rules and regulations.

3. Uncertainty regarding rules and regulations: As POAs may not have as well-defined or standardized regulations as HOAs, it could lead to potential inconsistencies or uncertainties in rule enforcement and community management.

4. The HOA would no longer be responsible for filing liens at the county courthouse when they are owed a debt for unpaid assessments. The POA reinforces the authority to collect on their attorney fees and any other costs associated with the collection of those debts as well. These costs include collecting late fees of either $10 or 10% of the amount due—whichever amount is greater—and includes an interest rate of 10% per annum on unpaid assessments.

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STOP
STOP
11 months ago

STOP THE POA!

Danny
Danny
11 months ago

We were lied to by Mr Winters. I specifically asked Mr Winters during the HOA to POA meeting if there were any stipulations to the voting requirements, he replied “no, we are required to get 2/3 votes from homeowners” meaning 2/3 of 160+ homes. I am 100% against what has transpired and I am ready to take action as well.

Poa
Poa
11 months ago
Reply to  Danny

You’re 110% right. The main person that stands to benefit in either case is the attorney’s. If they stipulated an attorney change after the POA change as well as agreement that no HOA member or their families could benefit from the foreclosures it’d be different.

Lydia Olsen
Lydia Olsen
11 months ago
Reply to  Danny

I am also ready to take action as well. Just inform me as to what I can do

Danny
Danny
11 months ago

Also, please join the official community Facebook group that is NOT associated with the HOA/POAA

https://www.facebook.com/groups/280115434577834/?ref=share

Ron Booth
8 months ago
Reply to  Danny

What happened to this Facebook Group?

Marty McManus
Marty McManus
11 months ago

MOST of the pictures below are ?????
Definitely need to stop this nonsense!

Poa
Poa
11 months ago
Reply to  Marty McManus

These are all “foreclosable” issues. But are the HOA members going to fix their own houses before they start becoming the supreme overlords. Maybe they should read the bylaws and the CCRE first before creating problems where there is none.

Poa
Poa
11 months ago

Stop the POA!

Elizabeth Cook
Elizabeth Cook
11 months ago

I’m so happy someone created this and sent the letters. We need to do whatever possible to stop this POA!!

Lydia Olsen
Lydia Olsen
11 months ago
Reply to  Elizabeth Cook

I agree. I think the HOA is intrusive enough. I vote to actually dissolve them. Given enough votes after a certain amount of yrs HOA can be dissolved.

Don't target me
Don't target me
11 months ago

So can we just do our own vote? I’ll chip in on the postage. I bet we get to the quorum as well. Now that people are paying attention.

Better yet, does anyone know an attorney for this kind of stuff? With all the misleading (intentional or accidental) that went on and lack of clarity, I’m sure we have a case.

Rebecca
Rebecca
11 months ago

Sorry guys for making the post about the letter on the FB page :/ I have since deleted after someone asked for a copy. I will not give them one, since it sounds like they didn’t receive one. Let me know how I can help!!

Barry Mitchell
Barry Mitchell
11 months ago

I’d like to know just how many bites at the apple these authoritarians are going to get? They don’t get the votes they need and call for more? So far I’ve written back NO to them twice and still see ad hoc meetings with no notice. IMO, this is a power-enrichment scheme coupled with an arbitrary source of income that’s just tied to their whims and fines. Their ‘rumors’ about Air BNBs were lies (I checked Air BNB and there were none for AHOA.)

I say it’s time to hold a quorum vote to oust Sixes Management Group and find someone else

Concerned Resident
Concerned Resident
11 months ago
Reply to  Barry Mitchell

If I understand the bylaws correctly, the only time 25% is required for quorum is ballot by mail. In person requires more. In my opinion, that’s why the first vote was canceled and the second was mailed.

STOP
STOP
11 months ago

They’re mixing a quorom with a bylaw change, either unknowingly or on purpose. This was an amendment to the bylaws. Not a simple action through a quorum.

Concerned
Concerned
11 months ago
Reply to  STOP

I have got to sit down and read them thoroughly, but my eyes start watering as soon as I try. I hate legal writing.

STOP
STOP
11 months ago
Reply to  Concerned

Section 4. Amendment,   These Bylaws may be amended by the Board of Directors (a) if such amendment is necessary to bring any provision hereof into compliance with any applicable governmental statute, rule, or regulation 0rjudicial determination which shall be in conflict therewith, (b) if such amendment is necessary to enable any title insurance company to issue title insurance coverage with respect to the Lots subject to the Declaration, (c) if
such amendment is required by an institutional or governmental lender or purchaser of mortgage loans, including, for example, the Federal National Mortgage Association or Federal Home Loan Mortgage Corporation, to enable such lender or purchaser to make or purchase mortgage loans on the Lots subject lo the Declaration, or (d) if such amendment is necessary to enable any governmental agency or insurance company to insure or guarantee mortgage loans on the Lots subject to the Declaration. In addition, these Bylaws may be amended upon the affirmative vote or written consent, or any combination thereof, ofat least two-thirds (2/3) of the Total Association Vote; provided, however, that the U.S. Department of Veterans Affairs (“VA”) (if it is then guaranteeing any mortgage in the Community or has issued a project approval for the guaranteeing of such mortgages) and/or the U.S. Department ofl-Iousing and Urban Development (“HUD”) (if it is then insuring any mortgage in the Community or has issued a project approval for the insuring of such mortgages) shall have the right to veto material amendments to these Bylaws for as long as the Declarant has the right to appoint and remove the directors and officers of the Association.

They’re trying to AMEND the bylaw. It’s clear as day that they need 2/3rds. It’s not a normal action of the board doing business such as changing pool hours that they just need a majority of the quorum. I’m waiting to see if they’ll truly file with the County possibly opening them to lawsuits, perjury etc.

Aaron
Aaron
11 months ago

There is no way that many people didn’t vote and they legally passed this! If the board is behind this nonsense then it needs to be disbanded. This is a long game this lawyer is playing to steal your homes.

Concerned Resident
Concerned Resident
11 months ago
Reply to  Aaron

Quorum for a mail in ballot is 25%. I think it’s more for other kinds of voting. Only 51% of that had to approve it. So essentially 1/8 is all that it takes for something this big. They said there was 40ish yes votes, so 25% said yes. However, they were not informed of the issues completely.

I don’t think they’re trying to steal our homes. It feels like they’re trying to force out those they see as unworthy. It’s a money thing for Sixes and lawyers. On that note, they really shouldn’t make a budget including possible fines. It only encourages looking for little things.

Maria
Maria
11 months ago

We voted the first time and didn’t vote the second one since we thought we already voted. They never mentioned they were not going to count the first time votes. This was planned to confuse everyone and get the votes they needed. I hear a few people saying the same in the FB group. Plus I think it’s very odd that they made a lot of noise when they were promoting the voting, but when the time to get the results came everything was very quite and hidden.

Last edited 11 months ago by Maria
Concerned
Concerned
11 months ago
Reply to  Maria

We didn’t vote the second time either. We were told the first round was going to count.

I think they realized they told us the wrong amount, but the attorney pointed out the mail in vote requirement. The letter that was put on the FB page didn’t address what everyone’s mad about.

Anonymous
Anonymous
10 months ago
Reply to  Concerned

Did the bylaws actually get amended?

Poa
Poa
10 months ago
Reply to  Anonymous

They claim to have, yet nothings been filed with the County Clerk.

Concerned
Concerned
10 months ago

Sharing in case some did not get this. It’s a petition I was emailed.

https://docs.google.com/document/d/1hGrLBNBbAAfxS4kSQ8BI-jUVOFRvDqdlb3flMszmWjI/edit?usp=sharing

Summary:

“I am reaching out regarding recent actions taken by our Homeowners Association (HOA) Board to usurp power that have raised serious concerns among the members of our community as they claim to have successfully converted to a POA. I wish to propose a strategic approach for rectification based on my experience with administrative law and HOA management.

-Removal of Directors: The easiest path to resolution may be to muster 25% of the HOA member votes and demand the removal of the current Directors, in line with our Bylaws. Note that we do not need to demonstrate just cause for this action. Upon successful removal, the new board members could render any POA amendment null and void, and reevaluate the continued services of our current attorney and property management company.

-Fiduciary Duty and Open Records: Board members must always remember their fiduciary duty to understand and uphold the laws. It is concerning that recent requests for “open records” were not met with adequate responses. I am drafting a letter requesting comprehensive financial records which will be sent directly to the Board Members, thereby bypassing any potential bottlenecks. Ultimately, Board Members are responsible for keeping minutes and financial records and their fiduciary duty cannot be transferred to the property management company. The property management company is there to assist with the day-to-day administrative operations, not to tell the HOA members what to do.

-Meeting Notifications and Consent: This oversight makes any decisions or amendments during the meeting null and void, according to our Bylaws and the OCGA. Should we need to take further action, I am considering a pro se lawsuit, in which case signed statements asserting the lack of proper notice or consent letter from other neighbors would be extremely helpful.

-Arbitrary Enforcement of CCRE: My research on LexisNexis suggests that courts often disapprove of arbitrary enforcement of Community Covenants, Conditions, and Restrictions Enforcement (CCRE). If the Board decides to enforce rules selectively, I propose sending a complaint letter highlighting the infractions related to their own properties. To ensure its acknowledgment, this complaint alongside other letters should be sent via registered mail.”

Concerned
Concerned
10 months ago
Reply to  Concerned

https://docs.google.com/document/d/1fLqOUfo7Ug31e3MlRcLU0g5dKKPiTLsDPi7KrQEG-SE/edit?usp=sharing

Part 2:

“Furthermore, if all else fails, I’m thinking of a lawsuit. One of the key points would be that no proper meeting notice was served. I created another google doc and would appreciate it if those of you that did not receive the meeting notice via MAIL (USPS) would let me know.”

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