Polo Golf HOA Sues Cumming Residents Over Alleged Contract Dispute

Joseph and Janine Mazur, residents of the Polo Fields subdivision in Cumming, are now defendants in a civil lawsuit filed by their own homeowners association after Polo Golf and Country Club Homeowners Association, Inc. filed a complaint in Forsyth County Superior Court on March 25.

The case, docketed as 26CV-0525-2, is classified as a contract and quasi-contract dispute, the standard Superior Court designation used when plaintiffs allege breached obligations between parties who share a contractual relationship. That framing places the suit squarely within the HOA's core enforcement arsenal: unpaid assessments, covenant violations, or restitution claims tied to maintenance obligations that bind every owner in the roughly 1,000-lot Polo Fields community.

The Polo HOA is no stranger to Forsyth County's courthouses. The association twice reached the Georgia Supreme Court over a single underlying question: who pays when stormwater infrastructure beneath subdivision lots fails. In its 2014 ruling in Polo Golf & Country Club Homeowners' Association v. Rymer, the court parsed financial responsibility among the HOA, individual lot owners, and Forsyth County. A follow-up dispute returned to the high court in 2021 in Polo Golf & Country Club Homeowners Association, Inc. v. Cunard, centering on Forsyth County's stormwater ordinance requiring HOAs to maintain all drainage easements and stormwater facilities within their developments. Those two precedents established that the financial weight of aging infrastructure in Polo Fields falls unevenly depending on where pipes lie and who holds the easement.

That litigation history shapes the stakes of any new HOA filing. When the association pursues a contract claim in Superior Court, the full range of Georgia HOA enforcement tools is in play: injunctive relief compelling compliance, monetary fines, and liens recorded against the homeowner's property. Under Georgia law, late charges of $10 or 10 percent of unpaid amounts can be appended to a recorded lien, and court costs alongside attorney fees may follow if the dispute extends further.

For homeowners in Polo or any Forsyth County HOA community who receive a violation notice, the starting point is the community's Declaration of Covenants, Conditions, and Restrictions, the governing document that defines both what the HOA can enforce and what remedies it may seek. Responses to the HOA should be in writing and dated, with all communications preserved before any dispute reaches Superior Court.

The Mazur case will proceed through the standard civil track: service of process on the defendants, a responsive pleading deadline, potential motions practice, and eventually discovery or a negotiated resolution. The full complaint is not available through the public docket summary but is accessible through Forsyth County's online case search or directly from the clerk's office in Cumming.