What Can Homeowners do if the Board Fails to Hold Meetings and Fill Vacant Seats?

If authorized by the declaration or articles of incorporation, members can call election and board-member recall meetings on their own initiative, as Georgia’s Property Owners’ Association Act (POAA) does not specifically require member meetings be called by the board.  O.C.G.A. §44-3-230.  Members can also take action against a non-compliant board either through a civil suit (O.C.G.A. §44-3-231(g)) or by removing some or all board members in accordance with the Nonprofit Corporation Code as previously explained.  To understand which laws apply to your community, please read the Georgia HOA Laws Guide.

Additionally, an association’s failure to follow required procedures regarding elections, calculation of assessments, and adoption of budgets can sometimes be a defense to nonpayment of assessments if the assessments are deemed invalid.  McGee v. Patterson, 323 Ga. App. 103, 746 S.E.2d 719 (2013). However, the general rule is that a board’s failure to do its job is not a defense to nonpayment.  Hall v. Town Creek Neighborhood Ass'n, 320 Ga. App. 897, 740 S.E.2d 816 (2013).