changes to covenants

We recently moved into a new POA in GA. This is a small asssociation and currently only 4 families reside here. Some of the current owners want to change some of the covenants. They want to make the covenants more restrictive in regards to building. ie - we do not have a minimum sf home requirement. If they want to now add that, will it impact the current owners or does it only apply to new lot owners? It seems to me that you can't change the rules in midstream to owners who bought before the requirements changed. Here we are with only 4 owners and already dissension - not good for the long run to me.

changes made to covenants apply to everyone, unless the change made also includes exemptions.

So, if you decide to say "no yellow houses", but the ones that are yellow now are okay, you must state that in the change (After May 24th, 2006, no more yellow houses, or houses painted before X date exempted, no more yellow allowed).

I have to disagree Joe, you certainly can force compliance after the fact. Granted, it is difficult, and I don't recommend it for major things, but it can be done. You could give the owner a time frame to comply, and then begin enforcing compliance, etc.. Cities and states do it all the time, and an HOA can do it as well, since essentially, the codes are a civil contract. Changing them is also a civil contract, usually requiring a large majority of owners all agree, so in essence, they are agreeing to the change.

For instance, imagine your HOA decides no more parking on the street. You change your CC&R's to state that. Must you allow all owners currently living there to continue parking on the street forever? Not if you worded the change and had the vote properly, ie, after June 1, all owners must park their vehicles off the street. House colors could be done the same way: Give an owner one year, or five years, to comply with the new codes, whatever is "fair". So too can pets, landscaping, etc. be retroactively applied, with care.

If done correctly, any change could be made retroactive and made to apply to all owners. The key is to choose what you want to do, and make sure all owners agree (or enough agree to be legal).

I get that the no parking on the street after a certain date would apply to everyone, but I bought here because there was no sf requirements for the size of the house. If a 2500 sf requirement is voted in, I will have to sell because I cannot afford, nor do I want to, build a 2500 sf house. I am afraid there will be a majority voting on this change to the ccr's and I would like to feel somewhat confident that I am not going to have to conform to those new restrictions.

Diane remember if they increase the square foot requirements that over time it makes your home more valuable because its the smallest in the neighborhood, and you don't have to sell because they can't make you upsize your existing home.

Good Luck

There are 12 lots with four current homes, built or in the process, plus mine which only has a hangar(airpark) with an apartment upstairs at this time. We have not submitted plans for the house yet. The hangar was approved by the ACC, such that it was at that time. The developer has already turned control over to the POA since there is only one lot left. Most of the other lot owners are speculators. I feel totally outnumbered about this issue and feel cornered into building something we don't want or moving.

Good thread--- Now my question- We live in a horse community.....Presently our Decs allow for you to have a trailer- I am not talking about horse trailers .....The kind of enclosed trailers that you see parked outside Home Depot-- Those Pace things... Well, we a farrier who lives here - has for 6 years- has one of those trailers.. as do alot of other people-- Now the farrier does not have any lettering or advertising on his trailer...now the board wants to change the decs to say that the farriers trailer will now be deemed a COMMERCIAL vehicle and NOT ALLOWED to be parked overnite on his property.Howver I cn keep mine becuase I use it for personal things....moving furniture, my go cart etc... So when I questioned the committee and said why if he has no lettering are you deeming this a commercial vehicle? But yet all the other people can keep theirs?Their reply was "Because it's general knowledge that he has his farrier equipment in the trailer" ....Replys ???? thanks LindaC

Linda, you would have to get sufficient owners to approve amending the Declaration. Even then I would not want to take this to court since he would have had the trailer for over 6 years before the amendment was approved and filed. Plus, he would probably win based on discrimination alone since there are other trailers. Tell the committe it is not a good idea. It would be a very expensive lesson for all of the members if it went to court and the HOA had to pay both parties expenses.

Why do people come up with such stupid ideas?