Legal Question in Real Estate Law in Georgia

HOA fails to enforce covenant

If my homeowners association fails to enforce a covenant after numerous complaints over 2.5 years can I hire my own attorney to enforce it and sue the homeowners Association for all costs? The issue is a partial chain link fence installed by the homeowner behind my house. Chain link fence is not allowed under any condition.


Asked on 4/27/01, 3:02 pm

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

Re: HOA fails to enforce covenant

I represent a lot of homeowners' associations. The answer is this: any property owner can take legal action to enforce covenants. However, you cannot sue the association; they are not the "police".

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Answered on 6/18/01, 5:56 pm


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