HOA Covenants

Started by DennisT1 • 1 replies • 1539 views

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DennisT1 (Georgia)
Posts: 3

Posted:

We are a Ga HOA with about 90 homes our first phase all home owners had to join, then the builder on sencond phase let them opt out due to the costs, but as the homes have changed hands we have made them jion.Now the problem is that we have about 10 homes that are not members .Question can we still make them at least aide by the covenants ?

TimB4 (Tennessee)
Posts: 21,062

Posted:

Dennis,

As I understand it, and you should know that I am not an attorney nor do I work in the legal profession, If those lots have the same covenants (deed restrictions), then yes, the Association, or any member (actually anyone), can have them comply with the deed restrictions. However, they will likely have to take them to court to do this. The Association itself would only have authority over the members of the Association and therefore could not impose it's enforcement policy on non-members.

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