Legal Question in Real Estate Law in Georgia

How clear do restrictive covenants need to be? Our HOA is trying to enforce standards that aren't specified (the topic isn't even addressed) in the covenants. I have been told by a friend who has dealt with his own HOA that "the intention of the declarant to create a restriction must be clearly expressed". Is this true, or can the HOA make new specific restrictions for items not mentioned in the covenants?


Asked on 12/19/09, 8:09 pm

1 Answer from Attorneys
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

You need to see a lawyer. Since no one here has read the covenants or seen the standards, there is no way for us to know if they are valid or not. No one who has not read the paperwork can possibly answer you. (Some general language may allow quite a few restrictions. You are asking lawyers to take a wild guess).

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Answered on 12/26/09, 5:28 pm


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