Legal Question in Real Estate Law in Georgia

Homeowners Association Covenants

Our Homeowners Association is attempting to change by laws to prohibit property owners from leasing their home. Further stating that the Board of Directors will allow leasing only in circumstances of ''undue hardship.'' This does not seem completely legal. How should we further research to prevent this ammendment from passing?


Asked on 5/12/05, 5:06 pm

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

Re: Homeowners Association Covenants

You should look at the case of SPRATT v. HENDERSON MILL CONDOMINIUM ASSOCIATION, INC., 224 Ga. App. 761 (1997). I represent a number of HOA's. Although this case involved a condo, I have no doubt that the same reasoning would apply in a typical single-family subdivision. I believe the restriction against leasing will be upheld in court. The only way you can prevent the amendment is by voting out of office the board members who are pushing it and electing board members who won't be in favor of this amendment.

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Answered on 5/13/05, 5:18 am


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