A restrictive covenant may limit the kind of structure that can be placed on the property and may also restrict the use that can be made of the land. When a tract of land is developed for individual lots and homes to be built, it is common to use the same restrictive covenants in all of the deeds in order to cause uniform restrictions and patterns on the property. For example, the developer may provide that no home may be built under a certain number of square feet. Any person acquiring a lot within the tract will be bound by the restrictions if they are placed in the deed or a prior recorded deed. Also, these restrictive covenants may be placed in a document at the outset of the development entitled "Restrictive Covenants," and list all the restrictive covenants that will apply to the tracts of land being developed. Any subsequent deed can then refer back to the book and page number where these restrictive covenants are recorded.
Any person owning one of the lots in the tract may bring suit against another lot owner to enforce the restrictive covenants. However, restrictive covenants may be deemed abandoned or unenforceable due to estoppel if the restrictive covenants are violated openly for a sufficient period of time for a Court to declare that the restriction has been abandoned.
The Georgia Amended And Restated Declaration Of Covenants, Conditions and Restrictions for Subdivision is a legal document that outlines the rules and regulations governing a specific residential community or neighborhood in the state of Georgia. It serves as a guiding framework for homeowners and property owners within the subdivision, ensuring a harmonious living environment and protecting property values. The declaration covers various aspects related to property use, architectural guidelines, maintenance responsibilities, common areas, and community governance. These covenants, conditions, and restrictions (CC&Rs) are designed to maintain the desired aesthetic, functionality, and integrity of the subdivision as a whole. One type of Georgia Amended And Restated Declaration Of Covenants, Conditions and Restrictions for Subdivision is the Single-Family Residential Subdivision CC&Rs. This type specifically applies to subdivisions consisting of detached single-family homes. It may include rules on property setbacks, building height, exterior materials, and landscaping standards, aiming to maintain a cohesive neighborhood appearance. Another type is the Mixed-Use Residential Subdivision CC&Rs. These CC&Rs are tailored for subdivisions that combine residential properties with commercial or industrial elements, such as live-work units or residential buildings within a mixed-use development. They address a broader range of regulations, including commercial activities, parking, noise restrictions, and types of businesses allowed within the subdivision. Condominium or Town home Subdivision CC&Rs provide guidelines for multi-unit developments where units share common elements, such as walls, roofs, or recreation areas. These CC&Rs often establish maintenance responsibilities, rules for shared spaces, noise limitations, and regulations related to the management of condominium or town home associations. In addition to these main types, there may be specific variations based on the unique characteristics, location, and purposes of a subdivision. For example, gated community subdivisions might have additional provisions regarding security, access control, and private amenities. Active adult or senior housing subdivisions could include age restrictions and guidelines for community activities tailored to older residents' needs. Overall, the Georgia Amended And Restated Declaration Of Covenants, Conditions and Restrictions for Subdivision aims to create a cohesive and desirable living environment, while also protecting property owners' rights and investment within the community. Compliance with these CC&Rs is essential for maintaining the residential community's overall value, appearance, and quality of life.
