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 9 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. 


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.