Subdivision Bylaws With Covenants
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FAQ
Can the board make decisions in an HOA without consulting homeowners? In a word, yes. There are certain decisions the board can make unilaterally. On the flip side, there are also some decisions that must go through a membership vote.
The laws of the land take precedence over all other HOA documents. State laws come before local laws, while federal laws outweigh everything else. Whether drafting your governing documents or deciding which one to follow, it's important always to check the law first.
Perpetual Duration: Prior to 1993, Georgia law generally provided that covenants expire after 20 years. In 1994, the law was amended to permit covenants to automatically renew. Yet, Georgia courts have subsequently held that covenants in communities recorded prior to 1994 do not receive the benefit of the 1994 law.
Covenant is considered a legal contract, or agreement, between privately owned property within a subdivision and the developer. By-laws state how the HOA will be run and contains information on voting processes, quorum requirements, provision for holding meetings, election requirements, and other operating guidelines.
The short answer is yes, local laws do supersede HOA rules. However, it's important to understand the nuances of this issue to fully grasp how to proceed if you believe your HOA has overstepped its bounds.