After the corporation was created on May 29, 2009, it  lasted 14 months, at which time it was dissolved by Sec. of State Brian Kemp for nonpayment of annual fees by the developer. The HOA remained dissolved between Sept 18, 2010 and January 20, 2014 for unpaid state fees. At this interval, despite the corporate dissolution, the recorded covenants remained in full force and affect, according to common law. After the corporate HOA was reinstated, Georgia law states “it resumes carrying on its business as if the administrative dissolution had never occurred."* Georgia Code § 14-3-1422 (2020) section d.

     This subdivision contains 60 lots of approximately one-half acre each. The two roads (North Moody Drive and West Stanley Road Ext.) are solely maintained by the HOA. Also, the HOA is responsible for one large green space area to the NW of the Subd. which is about 50' by 780 feet, as well as a large easement west of Stanley Rd. Ext. The roads, road easements, and green space add up to about eight acres owned and maintained by the HOA, according to public records. The current state of the roads is poor and a "reserve" fund has not been collected to maintain and repair them in the future. As of 2026, no attempt has been made to start any reserve fund.

     The homeowner association board officers are made up of property owners in the subdivision. All owners are members and promise to pay annual dues per their PUD Riders to their Security Deeds (mortgages) and/or the recorded covenant that runs with the land. The homeowners are the ultimate controllers of the HOA, as they can vote in directors of their choice. Directors can be anybody and do not need to live in the Subdivision. As of 2026, there has been no interest in forming a quorum needed to modify the covenants or enact motions to make improvements to the subdivision's property or management procedures.

     Each year an annual letter states that the board desires to promote the value and salability of homes by ensuring the roads are in good shape and the neighborhood is maintained. This maintenance goal is to ensure all owners preserve the highest property values possible. This entails upkeep for appearance and cleanliness, and also ensures compliance with various ordinances within the Lanier county codes. The HOA's maintenance goals currently coexist with at least one or more board members stating they "do not intend to enforce the covenants...as they are currently written."  The membership is unaware of this fact or else has shown no interest in having the covenants enforced uniformly and fairly.

     The HOA board works for the HOA members, therefore member input is critical. The focal point for comments is the president (dbak1@yahoo.com) or (MoodyHOA@yahoo.com).  Members can, to a degree, control how the community is managed and where their money goes by attending the annual meetings, or calling for a "special" meeting. The question of where the HOA money goes is normally contained in a HOA's corporate budget. However, this HOA has never provided a written budget to define and control its expenditures for the improvement of the neighborhood.

     A call for an annual "members" meeting is given in January of each year to elect new directors. IF at least 18 members, one from each of 18 homes, is present at the annual meeting, then members can propose changes and vote them into official resolutions with a 51% majority vote; a minimum of just 10 votes. This is how the members can have some control over their community. Members themselves can call for a "special meeting" if at least 20 members come together to make such a request.

     The procedures above are "the members rights" but they have no effect unless the members "stand up" for their rights and "fight for them" within the rules of order. The Bylaw and the Covenants can be amended, or policies can be enacted, within the procedures given in the Bylaws and Covenants.

     Problems that can Prevent Progress     

     Many HOA boards are impaired due to lack of membership commitment. To add to this, some boards neglect to sufficiently devote themselves to actually promoting their HOA's true purpose. If a board has the philosophy that HOAs are a necessary evil, that view only ripples down and cripples the HOA's effectiveness in many areas. Comments that proclaim that there is no purpose to an HOA only confuses membership. There are 345,000 HOAs in the U.S. and all have a stated purpose. That does not mean all understand and fulfill their mission and potential to give value to their members.

The purpose of HOAs has been stated variously as:

• "To make the community . . . a safe and better place” and “ensure our houses can be sold if or when we choose to do so.”. -- former North Moody HOA president

• To create high values through community association regulations -- lenders throughout the U.S.

• The purpose of the Association is to own, maintain, landscape, and repair the roads and common area . . . and to promote the recreation, health safety  and welfare of the residents in the Subdivision and for the improvements and maintenance of the Common Area.  -- NORTH MOODY HOA Bylaw and Covenants

     Other problems with HOAs are not giving sufficient notice for annual meetings and not providing a budget, proxy forms, or agenda in advance of the annual meeting. Without supplying an agenda there is really no purpose to the meeting. Members that do attend the meeting have no idea what topics will be discussed or what the priorities are for the forthcoming year. Without an end of year Income Statement, members have no knowledge of ongoing delinquencies under the Uncollectible Accounts Expense--therefore full disclosure is denied. Without a method for conflict resolution, such as a written policy with protocols for behavior (rules of order), slanderous attacks and misunderstandings can occur on Facebook or other sites, opening the HOA to defamation suits. Without a written collection policy, only arbitrary and haphazard attempts are made at collecting or enforcing fair dues payments among "all members." Without a dedicated webpage, some members are left out of the loop of HOA communication and documentation. (As an example, a substantial minority of Americans have little or no interface with Facebook.) All of these issues are currently being ignored in the North Moody HOA, as in many HOAs across the U.S.

     Ultimately, the HOA is what the HOA members make of it. The members have rights (see HOA Bill of Rights.) and can make changes. The banks like to think HOAs have a purpose. Many lenders prefer to see an HOA involved in the homes they finance due to a national study that determined that HOA homes, on average, have a 4.2% higher value than non-HOA homes. This assures the lender that their loan is secured. This very same rationale benefits all home owners--an HOA can be a financial benefit upon resale of your home! 

     HOA members must think before agreeing to rash conclusions, such as petitioning for dissolution of the HOA, thinking this will solve typical management issues. Maintenance of the neighborhood never goes away. As well, the common areas, including roads and rights of way, are private property and the county has zero incentive to step in to maintain them.

    Therefore the roads still have to be maintained, either by the county, a contractor, or the HOA. The cost can never be avoided. Attempting to dissolve the HOA would entail a huge price in attorney fees and extra efforts entailing a specific plan submitted to the Sec. of State on how the common areas would be sold and how the roads, the easements, and the green space would be maintained. In the end, the alternative could be just another form of the same trouble. This is the advice given by attorneys specializing in this area of law. The entire process must be realized and once it is, the obvious choice is to accept the HOA and the minuscule fees, clean up the neighborhood, do proactive instead of reactive road maintenance, abide by the legal promises in the covenants, amend the covenants as necessary, create "written" policies that are acceptable, and make the community what the people want to ensure their home values are secure.

    There are always those who make rash suggestions that are nothing but poorly thought out whims. Accusing the board of "extortion" for writing collection letters is an example. Extortion is using force or intimidation to coerce money from others unlawfully. Homeowner dues are not unlawful. On the contrary, most owners have pledged their commitment to paying dues via their signed PUD agreements, as well as accepting the common law covenants (via their restrictive deeds) to pay dues as recorded in Lanier County's land records. They have pledged their honor, but some say they will not pay due to their grievances with the HOA. However, nothing in the law or the covenants allows for their non-payment. As well, attorneys always recommend homeowners make their lawful payments. As paid members, they have the opportunity to control the HOA through their participation in the annual meetings by making motions, modify the covenants, and elect directors to represent their views. Any owner can step up and run for office, petition for change, and recruit those willing to serve on a new board.
     In summary, the HOA's requests for payment of dues is not unlawful, but actually a duty implied by By-Laws and Georgia law. Letters alone requesting dues have no force and obviously are not extortion or coercion.

    Another unhelpful plea is that the board is illegal because the HOA paperwork was filed improperly. As well, entertaining that the county assessor or clerk has authority over the HOA. These are myths with no basis in fact; no law or record gives the county any authority over the HOA. The covenants are a common law agreement that run with the land. The corporate structure (a non-profit corp.) that maintains the HOA via the covenants is an entity of the state, not the county. Yet another myth is that the HOA is "voluntary" or that is can be converted to a voluntary status. Very few HOAs are voluntary and if so they indicate that in the public record. Given that there are private road and a greenspace to maintain, a voluntary form of governance would be very risky and not feasible in the long run. Additionally, many lenders would hesitate to make loans on homes in a community that has private roads and no HOA and no commitment of maintenance from the county.

    Another fantasy is that developers have a power mindset and want total control of the neighborhood, or that the HOA was created to take care of issues that the developer shunned. These are irrelevant and mythical. There are several hundred thousand HOAs in the U.S. and they are all created for the same reason: to give control to the local residents to maintain common areas, as well as to enforce a certain code by way of keeping up the maintenance of the general environment.

    Jumping to conclusions, invalid assumptions, exaggeration, believing in myths, or ignoring responsibilities will not produce needed improvements. However, with an attitude toward learning the true facts, and patience to study and understand the options available, including the costs and the practical possibilities, improvements are possible that would change the neighborhood and the operations of the board for the better.  A willingness to read, learn, understand and ACT with courtesy are the keys to HOA success. Facts, evidence, and true knowledge are essential.

The business address of this association is:
North Moody Home Owners Association, Inc.
P. O. Box 121 -  Ray City, GA 31645