GA Statute of Limitations HOA Violation

Hello! A homeowner purchased a home in 2020. The previous owner built the home in 2004 and supposedly requested approval from the builder/developer to plant a line of trees (arborvitrae) alongside his secondary driveway. The trees met their maturity in height around 2012-13. In September, a letter was sent to the new homeowners stating there was an issue but did not advise what the issue was with the trees nor what action should take place. In December a second letter was issued stating the homeowner was in violation due to safety to children and that the trees must be removed.

FACTS:

The previous homeowner never received any violation regarding the trees.

Per county records there have never been any injuries or accidents on the street or cul-de-sac.

The county code compliance officer was sent photos and said it was "far reaching" for the HOA to file a complaint.

The homeowners spoke with all neighbors on the street (all but one home has children) to ask if they had any concerns or issues with the trees. They did not and they liked the privacy the trees provided to the cul-de-sac.

The previous homeowner had a business relationship with the current HOA President. It can be construed that the previous homeowner was not cited for violations due to their business ties.

QUESTIONS:
Is there a limitation for how long a HOA board can enforce a "violation" in the state of Georgia?

Can the homeowner take legal action against the HOA Board if the board attempts to enforce the violation and/or apply fines?

Any assistance or suggestions on how to manage this situation is greatly appreciated.

Sorry, name of document?

The HOA cites the current homeowner is in covenant violation citing the following covenant: No fence, wall, hedge or shrub planting shall be placed or permitted to remain where it would create a traffic or sight problem. They request that the trees be removed. Again, these trees have been in existence for over 19 years with no complaints until now. Also of note: the trees line the secondary driveway and create a border between the home in violation and another home that is vacant with no homeowner (it is the one and only rental property in the subdivision). The home next door has been vacant for six months.

Ellen: Thank you so very much for your response and taking time to respond!

Were the trees approved at the beginning? IF so, then would not be a violation. They are now more of an annoyance.

Basically, it's at the point where the HOA has to agree to pay out of their budget to remove the trees if they believe it's causing problems. Otherwise, it's an owner issue to take care of IMO. Why make all the neighbors pay for one person's tree removal is an argument to be made.

What "sight violation" is there, Michelle?

I wonder if you can politely ask the Board for a photo of the area where there is a sight/safety issue.

The trees are aborvitrae which are tall, thin trees typically planted as hedges and grow to be around 10-14' tall and about 24"-36" wide. They require very little maintenance. However, we do trim pieces here and there to keep a nice visual. They are about 12' feet from our home and over 50' from the bordering home.