Legal Question in Real Estate Law in Georgia

Can a homeowner challenge restrictive neighborhood covenants

The neighbor to the rear of us began constructing a full-sized basketball court in his backyard. After complaining, he agreed to seek permission from the architectural committee for our neighborhood. Permission was granted with contingencies. We feel the permission was given despite neighborhood covenants that dictate otherwise and that we will bear the brunt of run-off, noise and a reduction in property value. Can we challenge neighborhood covenants? Are there attorneys that specialize in this area of law? The county was notified and came out to inspect but stated that since both homes have certificates of occupancy, that they can not address the issue legally. What options do I have?


Asked on 9/30/05, 9:41 pm

1 Answer from Attorneys
Glenn M. Lyon, Esq. MacGREGOR LYON, LLC, Business Attorneys

Re: Can a homeowner challenge restrictive neighborhood covenants

Your options and rights would be laid out in your covenant agreement/homeowner's association policies.

If you would like to discuss any issues further, please feel free to contact my office. My contact information is below. Thank you.

The foregoing is general information only, not specific legal advice. No attorney/client relation has been created or should be implied.

Glenn M. Lyon, Esq

MacGregor Lyon, LLC

Promenade II

1230 Peachtree Street NE

Suite 1900

Atlanta Georgia 30309

Phone 404.942.3545

Fax 404.795.0993

[email protected]

www.MacGregorLyon.com

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Answered on 10/03/05, 9:00 am


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