Quote:
Posted By TimB4 on 01/18/2024 1:00 PM
It is typical across the country that it takes 2/3 or more to amend covenants.
This is because they are considered a contract in the eyes of a court and parties to a contract must agree to changes.
2/3 is considered a super majority.
Expecting that you are not under declarant control,
Georgia 44-3-226. Amendment of instrument is pretty clear [emphasis added]:
(1) Except to the extent expressly permitted or required by other provisions of this article, the instrument shall be amended only by the agreement of lot owners of lots to which two-thirds of the votes in the association pertain or such larger majority as the instrument may specify;
I would expect similar language if it's a condominium, but I did not check.
the problem with HOA laws is they often apply to HOA"s buildt after a certain year or who opt in to these laws wtih an amendent.
Seems like Georgia's 44-30226 is the latter and any laws in it might not apply to HOA's less than 20 years old that did not opt into it.
very confusing, this helps a bit.
https://www.hopb.co/georgia-hoa-law-guide
anyways if your HOA is not under this 44-30226 law you can set the percentage to anything you want.
I would try to set it to the majority of owner occupied properties. In otherwords if 1/4 of your properties are landlord owned that means you only need half of the remaining or 3/4x1/2 = 3/8 (plus one) of owners to change the rules.
the owners that do not live there might be pissed, but they are also typically the least active members and therefore not likely to vote for aganst this type of change.