🔎Findings
Notice: The content on this site is for informational purposes only and should not be interpreted as legal advice.
Original HOA Memorandum for Renewal of Covenants April 25, 2025
Statute of Limitations. April 22, 2025
9-3-24. Actions on simple written contracts; exceptions.
O.C.G.A. § 9-3-24
9-3-24. Actions on simple written contracts; exceptions. All actions upon simple contracts in writing shall be brought within six years after the same become due and payable. However, this Code section shall not apply to actions for the breach of contracts for the sale of goods under Article 2 of Title 11 or to negotiable instruments under Article 3 of Title 11.
Statute of limitation applies to breach of written contract. — Six-year statute of limitation applied to the homeowners’ claim asserting a breach of written contract; to the extent that the complaint alleged breach of an implied contract such claim would be subject to the four-year statute of limitation. Gropper v. STO Corp., 250 Ga. App. 820, 552 S.E.2d 118, 2001 Ga. App. LEXIS 795 (2001), cert. denied, No. S01C1747, 2002 Ga. LEXIS 541 (Ga. June 21, 2002), cert. denied, No. S01C1790, 2002 Ga. LEXIS 542 (Ga. June 21, 2002).
9-3-29. Breach of restrictive covenant.
O.C.G.A. § 9-3-29
(a) All actions for breach of any covenant restricting lands to certain uses shall be brought within two years after the right of action accrues, excepting violations for failure to pay assessments or fees, which shall be governed by subsection (b) of this Code section. This Code section shall apply to rights of action which may accrue as a result of the violation of a building set-back line.
If the fee becomes mandatory, who will be able to set the fee in the future? April 16, 2025
The dues of this organizaiton shall be $ 100.00 for all members the first year, and thereafter, shall be set by the Board of Directors. - Article Ten of Original Bylaws
Rights to consider. April 16, 2025
Your Rights as Homeowners: Understanding HOA Rule Enforcement If your HOA is suddenly trying to enforce rules that haven't been acted on in years, you may have strong legal grounds to push back. Here are four key legal concepts that can protect you:
- Laches "They waited too long." If the HOA knew about violations (like parked campers, trailers, or boats) and didn’t enforce the rules for years, they may have forfeited the right to enforce them now. Courts generally don’t support delayed enforcement that catches people off guard.
- Waiver "They gave it up." If the HOA regularly ignored similar violations in the neighborhood, it may have essentially waived its right to enforce those restrictions in the future. Consistent inaction speaks volumes.
- Estoppel "You relied on their silence." If homeowners reasonably believed that certain uses were allowed (because the HOA never objected), and made decisions based on that assumption, the HOA may be legally blocked from enforcing those rules now.
- Grandfather Clause "You were there before enforcement began." If you've had a camper, trailer, or other restricted item stored outside for years with no complaints, you may be 'grandfathered in' and exempt from new or renewed enforcement actions.
Membership and are Dues Mandatory or Voluntary? April 1, 2025
"Membership in this organization shall be open to all who are homeowners or property owners and who are current with all dues and assessments charged by the Corporation." That sounds voluntary to become a member of the HOA. It did not say like, "Membership applies to homeowners or property owners in this subdivision."
Now if one conducts themselves to be a member of the organization such as paying dues or signing one of their documents, the by-laws may apply to you like an employee following company policies.
Covenant Renewal and Termination April 1, 2025
O.C.G.A. § 44-5-60
(d) (1) Notwithstanding the limitation provided in subsection (b) of this Code section, covenants restricting lands to certain uses affecting planned subdivisions containing no fewer than 15 individual plots shall automatically be renewed beyond the period provided for in subsection (b) of this Code section unless terminated as provided in this subsection. Each such renewal shall be for an additional 20 year period, and there shall be no limit on the number of times such covenants shall be renewed. (2) To terminate a covenant as provided in paragraph (1) of this subsection, at least 51 percent of the persons owning plots affected by such covenant shall execute a document containing a legal description of the entire area affected by the covenant, a list of the names of all record owners of plots affected by the covenant, and a description of the covenant to be terminated, which may be incorporated by reference to another recorded document. By signing such document, each such person shall verify that he or she is a record owner of property affected by the covenant. Such document shall be recorded in the office of the clerk of the superior court of the county where the land is located no sooner than but within two years prior to the expiration of the initial 20 year period or any subsequent 20 year period. The clerk of the superior court shall index the document under the name of each record owner appearing in the document.