Ga. Guidelines

Started by KateC2 • 7 replies • 828 views

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KateC2 (Georgia)
Posts: 2

Posted:

Hello to all......

We live in a 500 home single resident subdivision in Augusta, Ga. We currently have a resident with some interesting thoughts to his neighbors. Due to a temp housing shortage because of the masters he wants to lease his house out. The rules state you can lease but for a six month min. However, county real estate, says no interference with how property owners use their property. HOA can only govern common property with regards to leasing property. IE: renting out the community pool. Has anyone ever had experience with this issue?

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Kate

Do your Covenants have any restrictions on rental/leasing? Ours say one cannot rent/lease their unit within the first year of their ownership. Any rental/lease must be 6 months or longer.

KerryL1 (California)
Posts: 14,550

Posted:

I ask about your covenants too. They, for instance might say Owners can't use their premises for transient purposes. But even if they're restrictive, your county might supersede your own documents. What, btw, is "county real estate?"

KateC2 (Georgia)
Posts: 2

Posted:

Sorry, the city council passed an ordinance that states “ HOA cannot” govern individual lots, only common property that belongs to the whole HOA together. But the HOA says they can enforce the leasing for 6 months min. Augusta does not have enough hotels for all the Masters visitors, so they want visitors to be able to rent home for 1 to 2 weeks.

TimB4 (Tennessee)
Posts: 21,059

Posted:

It might not help this year, but you could send a letter to the attorney general and ask how they see the issue. If they respond with an opinion, that can go a long way in resolving the issue without going to court.

The question would be along the lines of:

State statute, provide section, says that HOAs can not control individual lots. Many Associations have rental restrictions within their covenants/deed restrictions. Would the statute override said rental restrictions?

KerryL1 (California)
Posts: 14,550

Posted:

It might be faster, Kate, to phone your own HOA attorney for her/his opinion if you have an HOA attorney. Our $500/ann. retainer gives us unlimited phone calls to ours.

Btw, the Augusta city council most likely loves the revenue visitors to the Masters bring in so want as many as possible to stay in town.

CarlaS2 (Colorado)
Posts: 28

Posted:

Augusta does need the tax revenue. That being said, which guideline supersedes the other. I would assume the city ordinance overrides the HOA?

TimM11
Posts: 354

Posted:

If the city doesn't allow rental restrictions and your HOA is in violation, then I'd contact them so they can take up the issue with your HOA. Let them fight it out -- the city will have a lot more tools at their disposal than you would. An HOA can't choose to ignore city/county/state/federal laws that prohibit something.

Usually, these types of restrictions are the other way around (i.e. it's the city that wants to more heavily regulate rentals), but I can see how this would be a special case.

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