Legal Question in Real Estate Law in Georgia

Can we secede?

I belong to a subdivision that is in constant turmoil. The developer has never turned over the HOA, the amenities have been abandoned, and many houses were never completed and are now going on 3 years without even being marketed. My street is a small, 8 home street in this subdivision, and the idea has been tossed around if it was possible to ''secede'' from this subdivision. Do my neighbors and I have a possibilty to have our street (phase 2 according to the plat and covenants) removed from the subdivision, and possibly even create our own?


Asked on 2/18/05, 6:39 am

1 Answer from Attorneys

Glenn M. Lyon, Esq. MacGREGOR LYON, LLC, Business Attorneys

Re: Can we secede?

I'm not sure what you mean by secede, but I would be careful and review your contracts with regard to the neighborhood. It is very possible that you purchased the property and agreed to certain neighborhood covenants.

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 2/18/05, 9:28 am


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