GA HOA /POA Law

Hello -

Does anyone know if a Board Resolution (documented, but not recorded) is enforceable in GA?

My understanding was that a resolution must be recorded to be enforceable.

Any insight would be great!

Thanks!

Hi John -

I appreciate the reply.

Just a general question, not a specific case.

I just wanted to know ,for the state of GA, if a Board resolution was enforceable ,as each set of governing documents will indicate the rest of the information.

I was pretty certain that in order to be enforceable it had to be recorded, just want not sure for GA.

Thanks!

While changes to the recorded governing documents (CCRs, etc.) would typically need to be recorded, I've never heard of rules and regulations created by board resolution being recorded. As John mentioned, rules created this way can't conflict with the documents, but otherwise should be enforceable by the HOA. Assuming someone wanted to fight the HOA on this, that path would generally be through the courts via a lawsuit. While one can never know what a given judge would decide on a given day, generally I would expect the HOA to prevail, assuming the rule is not in violation of a law, contrary to a governing doc, or wildly unreasonable.

Without looking up Georgia statues, in most HOA's in the U.S. rules and regulations are written as an extension of the CCRs. Most CCRs give the Board the authority to create "fair and reasonable" rules, but they cannot contradict what is in the governing documents.

IF an association wanted to record the "resolution" or Rules and Regulations, there is no law or statue that would prohibit it. Just takes more time and cost a few more dollars.

If you spent money for a legal opinion, why would you seek a laypersons opinion (who do not have access to all the documents the attorney did)?

If that was directed to me, I'm just trying to understand the thinking.
It's not a judgement, just trying to understand.

I understand asking the question asked to members of this site prior to asking an attorney.
I understand asking the question to members of this site while waiting for an attorney's response.

I just had the impression that you asked the question on this site after you sought a legal opinion.

Ahh, now I understand.

Thank you.

I thought it was

As the OP's legal team confirmed, it appears that the ARC guidelines and the rental restrictions were IN the CCRs, and are recorded. Pool rules and parking rules are generally created after the fact, BUT the authority to create such rules resides in the CCRs.

BTW, even though the OP is or was from Arizona, the question was for Georgia.