Declaration of Covenants

Started by LyndaC1 • 8 replies • 3740 views

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LyndaC1 (Georgia)
Posts: 4

Posted:

Is it possible for a Declaration of Protective Covenants to expire? My Georgia subdivision is about 30 years old. Our HOA has an elected BOD and we have an updated set of By-Laws. I have a set of Covenants from 1989 that were left in our home when we purchased. They are not signed and there is no notary seal. The BOD is not aware of any Covenants whatsoever. They are under the impression we only have By-Laws. I have visited the Cobb County Department of Records and they can not find where they were recorded. The law firm that drew them up told me they are too old and they have no records going back that far. I have called the developer of the community and they are unable to provide any information. I am at a loss. Could someone please direct me to a source where I may obtain information?
Thank you.
Lynda Champaign
Hampton Lake
Marietta, GA 30068

DonnaS (Tennessee)
Posts: 5,671

Posted:

Lynda,
You might try the Georgia Non Profit Corporations Dept. All HOAs are supposed to be registered there. But if your Bylaws have the documents unsigned and with no notory seal, they might have never been registered. In that case, there is alot of work to do if you do continue to be a HOA. Do you have common areas? Are you stand alone homes or a condo association?

LyndaC1 (Georgia)
Posts: 4

Posted:

Thanks so very much Donna. We are 143 stand alone homes. We have a large lake, 4 tennis courts and a pool. I will follow-up with the Georgia organization you suggested.
Lynda

LyndaC1 (Georgia)
Posts: 4

Posted:

Donna,
I just got off with the Georgia organization you suggested. They help people "form" corporations but can not help find if a corporation was ever established. He could not make any recommendations. Thanks anyway.
Lynda

DonnaS (Tennessee)
Posts: 5,671

Posted:

Lynda,

Apparently your HOA has been taking care of its business if you have the amenities that you listed. This might be a simple fix. I know that Florida has a " Covenant Revilalization " in cases like yours where someone failed to keep the HOA registered and or active. Check also with your State HOA laws. But it might also mean that if no one can find your Articles or Inc or your CC&Rs or Protective Covenants, they may have to be rewritten.

Look in the pack of papers that you got when you purchased your home. The ones with the Bylaws. Are there any covenants there? Bylaws are the 3rd set of documents in the Heirarchy of papers that should be transfered with the sale of a HOA home. First in importance being the Protective Covenants or CC&Rs, next the Articles of Inc. and then the Bylaws. Funny , how you have Bylaws but none of the others.

DonnaS (Tennessee)
Posts: 5,671

Posted:

Lynda,

His response is so typical of State employees who do not want to take time or extra effort to help. He could have given you the web site address. (GRRRR) Are you computer savy enough to find the web site for the non profit corps in Georgia? You might have to take the time to do a search yourself. I'll see if I can find it also.

DonnaS (Tennessee)
Posts: 5,671

Posted:

Lynda,

I googled--"Georgia Non Profit Orgs List" and found where you can enter by name, county, etc for a list. I keyed in Cobb County and there are over 2000 listed. So you take it from here. Thanks

JohnO6 (Georgia)
Posts: 424

Posted:

Lynda -

A quick search of the GA Corporations database indicates that a non-profit corporation "Hampton Lake Homeowners Association, Inc" was incorporated on 10/24/1980 and it's annual registration is current.

If this is your HOA, then at least your corporate entity appears sound. Next is to try and find out if the Declaration of Protective Covenants was properly filed with the county. Apparently you've attempted that without success.

As Donna says, if they were never filed, you've got a lot of work to do.

While I can't put my fingers on it right now in GA Code, I believe there may be a provision where restrictive covenants applied to real property might automatically expire after a certain number of years. I believe this to be the case because our HOA covenants contain a clause that makes them automatically renew before GA Law expiration. However, a competant HOA attorney would know the answer to that.

The key it seems to me is to determine whether the covenants were ever filed or not. That should be your first and most important step - unfortunately if you've checked with the county clerk's office, I'm at a loss of where else to tell you to go

LyndaC1 (Georgia)
Posts: 4

Posted:

Thank you Donna and John for your quick responses. You have been most helpful and...I have alot of work to do!
Lynda

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