Georgia Declaration of Covenants, Conditions, and Restrictions of Homeowners' Association Including Powers and Duties
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FAQ
The CC&Rs must be recorded with the county recorder's office in order to create certain restrictions on the property and provide recorded notice of the contractual obligations on the deed to prospective buyers. You should be able to find a copy of the CC&Rs on your county assessor's official government website.
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.
Generally speaking, it is hard to enforce a restrictive covenant after 20 years. The Limitation Act 1980 also states that claims in land should be brought within 12 years, within 12 years from the time the breach occurred, not when the deed came into force.
Associations are also empowered to impose and assess fines and temporarily suspend voting rights and the right to use certain common areas and services to enforce such compliance. See, Ga. Code § 44-3-223 (Compliance with provisions of instrument and with rules and regulations; penalties for non-compliance).
As restrictive covenants don't 'expire', if they are breached the person with the benefit of the covenant can enforce them against you.
Once the HOA covenants expire, the board effectively becomes powerless. This means that the HOA cannot enforce the collection of assessments, cannot enforce architectural standards, and cannot regulate the use of common areas and common facilities.
If you recently purchased a home and did not receive a copy of your CC&Rs, contact your title company for assistance. You can also obtain a copy of your CC&Rs by visiting one of our office locations or sending us a copy order. 200bIf you have questions or need further assistance, call our office at (916) 874-6334.
To find your local CCR, visit EPA's Consumer Confidence Reports page . To find your local health department, use NACCHO's Directory . Review the EPA's Safe Drinking Water Information .
If the covenant is attached to the land it is said to 'run with the land'. That means it continues to apply to the land regardless of whether either the burdened or neighbouring lands have been sold on. This means a restrictive covenant can last indefinitely even if its purpose now seems obsolete.
Thus, if the association is organized as a nonprofit, it will be governed by the Georgia Nonprofit Corporation Code. For-profit associations are likewise governed by the Georgia Business Corporation Code, Ga. Code ? 14-2-101, et.
