Restrictive Covenants In Leases In Georgia
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FAQ
In Georgia, the enforceability of restrictive covenants is governed by the GRCA, OCGA § 13-8-50 et seq. The GRCA provides that employment contracts that restrict competition must be “reasonable in time, geographic area, and scope of prohibited activities.” OCGA § 13-8-53(a).
Q: Are non-compete agreements enforceable in Georgia even if signed after employment commences and/or without any additional consideration? A: Yes, continued employment is generally considered sufficient consideration for a non-compete in Georgia.
Statute of Limitations The HOA or COA must initiate an action to enforce the lien within four years after the assessment or installment first became due. Otherwise, the lien will lapse and won't be effective. (Ga. Code § 44-3-232(c), § 44-3-109(c)).
Following that general consensus throughout the country, Georgia law likewise generally provided at Code Section 44-5-60 that covenants restricting the use of land would be valid for a maximum of twenty years, and at the end of the twenty years, the restrictive covenants would automatically expire.
My limited understanding is, restrictive covenants are only enforceable by a home owners association created among them. A local government isn't going to swoop in and enforce, or defend, a covenant that you created on your property. The local government is only concerned with land use ordinance's and state laws.
