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Started by DanielS15 • 18 replies • 223 views

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DanielS15 (Georgia)
Posts: 48

Posted:

A few years ago, we went thru a process to re-instate our expired covenants. It was quite the ordeal but we got it done and now have a little over 90% of the community back on board (signed the new covenants).
The issue we now have is that one of the property owners that did not (would not) sign is not keeping their property up to the same standards as the others around them. We know that we can't force them to abide by the covenants but their property really is looking bad. We just had a neighboring property owner let us know that they had a sale of their property fall thru due to the condition of this property. We have tried talking with the property owner in question and it has never gone well.
All that said, does anyone have any advice on how to take care of this?

ElleN (Idaho)
Posts: 1,339

Posted:

Give more specifics of the way this owner's property looks bad. Then people can comment on whether your city/county's laws can help.

DanielS15 (Georgia)
Posts: 48

Posted:

The small front yard, which is directly across from our mail-boxes, stays very cluttered. There's a lawnmower that hasn't moved in months, there is a trampoline that is beginning to deteriorate, a scattering of fence panels, and several unidentifiable objects.
The back yard has several vehicles, some running and some not, as well as building materials laying about.

ElleN (Idaho)
Posts: 1,339

Posted:

DanielS15, thank you for elaborating.

Maybe the vehicles that are not running violate city/county code. Maybe not. AI says Atlanta (for one) has an ordinance prohibiting junked vehicles. See https://library.municode.com/ga/atlanta/codes/code_of_ordinances?nodeId=COORATGEVOII_CH74EN_ARTVNU_S74-171BUUSSEDIILCOSU, doing a keyword search for "vehicle."

As for the rest of the clutter, the question is whether the city/county code has a prohibition on visual nuisances.

Do call your city and county; find the code enforcement department; and see what they think.

DeanJ
Posts: 1,786

Posted:

Quote:

Posted By DanielS15 on 02/19/2025 3:49 PM
A few years ago, we went thru a process to re-instate our expired covenants. It was quite the ordeal but we got it done and now have a little over 90% of the community back on board (signed the new covenants).
The issue we now have is that one of the property owners that did not (would not) sign is not keeping their property up to the same standards as the others around them. We know that we can't force them to abide by the covenants but their property really is looking bad. We just had a neighboring property owner let us know that they had a sale of their property fall thru due to the condition of this property. We have tried talking with the property owner in question and it has never gone well.
All that said, does anyone have any advice on how to take care of this?

What you post is not logical. If an HOA lawfully exists and the covenants lawfully exist, why is an owner, current or future, required to sign agreeing to follow them.

Do you collect assessments from this homeowner? Does the community have common areas this owner is permitted to use?

DanielS15 (Georgia)
Posts: 48

Posted:

The property owner in question was living here when the previous administration allowed the covenants to expire (written in 1988). The only way we could re-instate the covenants was to have all owners sign for the re-instated covenants. Our attorney made it clear that we may not get all to sign. They were correct and we still have a few that won't sign but only one that causes problems.
Yes, all, even those that did not sign for the new covenants, pay their annual assessments. Assessments are part of the affirmative covenants and do not expire. We've had no problem rec'ng assessment payments.

KerryL1 (California)
Posts: 14,550

Posted:

I like Dean's question. Does your HOA have common area that this owner may use? If so, please speicify what it is.

DanielS15 (Georgia)
Posts: 48

Posted:

Property owners that have not signed the "new" covenants have no common area privileges, no website access, and no voting privileges.

DeanJ
Posts: 1,786

Posted:

Quote:

Posted By DanielS15 on 02/19/2025 7:05 PM
Property owners that have not signed the "new" covenants have no common area privileges, no website access, and no voting privileges.

This gets stranger as it goes. They pay, don’t have privileges, and can’t vote?

ElleN (Idaho)
Posts: 1,339

Posted:

Quote:

Posted By DeanJ on 02/19/2025 5:12 PM

What you post is not logical.

For anyone familiar with the reality that covenants in fact expire in some cases, and renewal is a complicated process with all manner of caveats, what the OP posted is logical.

CathyA3 (Ohio)
Posts: 6,299

Posted:

Quote:

Posted By DeanJ on 02/19/2025 9:17 PM

Posted By DanielS15 on 02/19/2025 7:05 PM
Property owners that have not signed the "new" covenants have no common area privileges, no website access, and no voting privileges.

This gets stranger as it goes. They pay, don’t have privileges, and can’t vote?

I assume they don't pay either. The covenants had expired, were re-instated, and owners had to agree to be bound by them. If an owner didn't sign, then he's no longer a member of the HOA - no rights, no obligations.

You do have to wonder what lawmakers thought the end game would look like.

ElleN (Idaho)
Posts: 1,339

Posted:

Quote:

Posted By CathyA3 on 02/20/2025 12:21 PM

Posted By DeanJ on 02/19/2025 9:17 PM

Posted By DanielS15 on 02/19/2025 7:05 PM
Property owners that have not signed the "new" covenants have no common area privileges, no website access, and no voting privileges.

This gets stranger as it goes. They pay, don’t have privileges, and can’t vote?

It's only land use restrictive covenants that expire and have to be renewed under certain conditions. Other covenants will continue.

DeanJ
Posts: 1,786

Posted:

Quote:

Posted By ElleN on 02/20/2025 8:15 AM

Posted By DeanJ on 02/19/2025 5:12 PM

What you post is not logical.

For anyone familiar with the reality that covenants in fact expire in some cases, and renewal is a complicated process with all manner of caveats, what the OP posted is logical.

No they aren’t logical. If the covenants expired and one has to agree to be included, how does the collect an assessment?

The covenants either apply or they don’t.

ElleN (Idaho)
Posts: 1,339

Posted:

Quote:

Posted By DeanJ on 02/23/2025 1:54 PM

Posted By ElleN on 02/20/2025 8:15 AM

Posted By DeanJ on 02/19/2025 5:12 PM

What you post is not logical.

For anyone familiar with the reality that covenants in fact expire in some cases, and renewal is a complicated process with all manner of caveats, what the OP posted is logical.

No they aren’t logical. If the covenants expired and one has to agree to be included, how does the collect an assessment?

The covenants either apply or they don’t.

DeanJ, I could quote you the statute involved here, but then I would be doing you a disservice. fact: In some states, certain types of covenants may lawfully expire, and so require renewal. Other types of covenants do not. Covenants pertaining to assessments do not expire in Georgia.

DeanJ
Posts: 1,786

Posted:

Quote:

Posted By ElleN on 02/23/2025 2:27 PM

Posted By DeanJ on 02/23/2025 1:54 PM

Posted By ElleN on 02/20/2025 8:15 AM

Posted By DeanJ on 02/19/2025 5:12 PM

What you post is not logical.

For anyone familiar with the reality that covenants in fact expire in some cases, and renewal is a complicated process with all manner of caveats, what the OP posted is logical.

No they aren’t logical. If the covenants expired and one has to agree to be included, how does the collect an assessment?

The covenants either apply or they don’t.

Sorry Ellen, it still is illogical, although ai will concede much of the law in the sun belt concerning HOAs is illogical, unless you think having a bait shop in the middle of your HOA would be permissible.

TimB4 (Tennessee)
Posts: 21,062

Posted:

From an attorney's site (scroll down near the bottom of the page):

"Prior to 1993, Georgia law generally provided that covenants expire after 20 years. In 1994, the law was amended to permit covenants to automatically renew. Yet, Georgia courts have subsequently held that covenants in communities recorded prior to 1994 do not receive the benefit of the 1994 law."

Therefore, I expect that the individual who owned the property chose to not encumber their property with the new covenants. This ment that they do not pay assessments and are not part of the HOA. A possible reason assessments would be paid would be if the development had private roads. Then that individual would be part of a private road agreement and need to pay their fair share to maintain the roads.

ElleN (Idaho)
Posts: 1,339

Posted:

Quote:

Posted By TimB4 on 02/24/2025 4:01 AM
From an attorney's site (scroll down near the bottom of the page):

"Prior to 1993, Georgia law generally provided that covenants expire after 20 years. In 1994, the law was amended to permit covenants to automatically renew. Yet, Georgia courts have subsequently held that covenants in communities recorded prior to 1994 do not receive the benefit of the 1994 law."

If one reads the actual statute section (44-5-60), one will see that the covenants referenced above are strictly "covenants restricting lands to certain uses."

I think this is a better site explaining the statute section:
https://www.luederlaw.com/duration-of-covenants-a-survey-of-georgia-law/. Excerpt:

The Court of Appeals similarly ignored its recent decision in the Turtle Cove case and held that the duty to pay assessments is not a covenant restricting land to certain uses. The Court of Appeals explained for the first time that a covenant to pay assessments is instead an affirmative covenant rather than a restrictive covenant, and since Section 44-5-60 only applies to restrictive covenants, it does not apply to affirmative covenants, such as an affirmative covenant requiring an owner to pay assessments. Accordingly, affirmative covenants, regardless of whether they were recorded prior to July 1, 1993, do not terminate under Section 44-5-60.

JohnathonS (Arizona)
Posts: 4

Posted:

Quote:

Posted By DanielS15 on 02/19/2025 3:49 PM

All that said, does anyone have any advice on how to take care of this?

Did you get advice from your attorney on how to handle this?

DanielS15 (Georgia)
Posts: 48

Posted:

Our attorney isn't able to help us with this. We are now going at this from a "good neighbor" standpoint. We're going to try a bigger carrot and see it that works. It is a very frustrating situation, but we'll get it resolved (hopefully) soon.

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