Legal Question in Real Estate Law in Georgia

developer restrictve covenants

Moved into new subdivision 1 year ago. Did not know of covenants... was told by realtor there were none. Son played guitar too loud, wife argued with developer. Now planning to build detached garage. Submitted plans to architectural control committee (developer), he keeps bringing up arguement and music. I remain cordial, but can't get answer on approval. I feel he will deny based on personal feelings (control issue). No HOA in effect. Can I fight him on this being based on personal rather than architectural? Also, he has not enforced homeowners on covenant issues (boat storage, etc.). I went thru these steps, to do the right thing.Thanks in advance.


Asked on 10/24/02, 11:09 am

1 Answer from Attorneys
Charles W. Field Charles W. Field, Attorney at Law

Re: developer restrictve covenants

I do a good bit of HOA practice; enough to know that covenants can vary widely from one sudbivision to another. USUALLY covenants provide that if plans submitted to the ACC are not DISapproved within, e.g., 30 days, they are impliedly approved. However, since, as I said, covenants can vary, you should consult with a local attorney familiar with this area of the law so that he/she can review your covenants.

It doesn't matter that there is no HOA. As to the personal vs. objective grounds the developer may try to use to withhold approval, again, you will need a local attorney to spend a good bit of time investigating this.

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Answered on 10/25/02, 9:30 am


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