My HOA wants me to pay a leasing administration fee for occupancy audits, even though my house has no tenant.

Asked in Dawsonville, GA on November 11, 2025 Last answered on February 23, 2026

HOA wants me to pay a leasing administration fee even though my house is not rented. Is this legal? What are my options? HOA signed document after my purchase employing a monitoring agency and it doesn't say explicitly if this fee is applicable for a listed house (on Zillow) with no tenants.

1 answer

Julie McGhee Howard
Free Consultation
Answer

The response is to provide general information only and is not legal advice or advice about any HOA specifically. 

The authority for assessments, charges, and other fees for homeowner and and condominium associations are typically established in the recorded declaration governing the community.  The Georgia Condominium Act and Property Owners' Association Act, as well as many declarations provide that associations may be empowered to assess any common expenses benefitting less than all of the lots or units to those lots or units benefitted. It is typical for an association's assessment article and/or its leasing restrictions to empower the association to levy its common expenses for services and items provided to some owners, but not all, to those benefitted owners.  Governing documents may also specifically provide for a leasing administration fee or uniform charge for homes or units eligible to lease to cover the association's costs associated with services benefitting those eligible owners. Common services include, but are not limited to updating association records regarding occupancy, processing related forms, issuing parking passes and registrations, providing additional documents and completing related forms, and move-in/move-out fees. This process is to help ensure that only those owners who benefit from these increased association expenses are responsible for those expenses.

February 23, 2026

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