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DouglasB6 (Georgia)
Posts: 1
Posted:
I live in a small neighborhood in Georgia that let its covenants expire. There was a big fight over something five years ago at an annual meeting and the Board walked out and an unelected group took over for about 6 months. This group failed to re-file our covenants with the county before the expiration date. That group was thrown out at the next annual meeting. We have been operating as a volunteer HOA ever since. The Board has filed yearly Federal and State tax returns and has filed the yearly appropriate HOA forms with the state of Georgia. The board wants to reinstate the covenants but many in the neighborhood are against it. The Board consulted an attorney who informed the Board of a process that could take years. We consulted the county council about them taking over but they want our taxes every year but do not want to do anything for the neighborhood. We are a private neighborhood to them and they will not provide any services except police.The Board is thinking of petitioning the county court to reinstate our covenants. I am for this idea. What are your thoughts,ideas, suggestions on how to get this done?--Douglas
TimB4 (Tennessee)
Posts: 21,059
Posted:
You can try.

Unless there is common area to maintain (roads, sidewalks, etc.), I doubt the court will reinstate something that has expired.

My limited understanding is that for covenants to be reinstated, they can be but only on the lots that agree to it. Those who do not want to attach them to their deed won't have to (and this has occurred in a few Assocaitions that have brought issues to this board).
SueW6 (Michigan)
Posts: 814
Posted:
Was there a date in the covenants that called for their retirement? Usually it automatically renews UNLESS there is a vote to disband. (not renew)

I'm wondering if you meant that the annual report was not sent in to the State.

I know FL has its own regulations, but I see you are from Georgia.

DouglasK1 (Florida)
Posts: 2,046
Posted:
I'm with the others, in what way did your covenants expire?

Escaped former treasurer and director of a self managed association.

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