Lueder, Larkin & Hunter, LLC

The governing documents for new communities often do not restrict the number of properties that may be leased.  The reason is because many developers would like to sell properties in the new community (whether the community consists of condominiums, townhouses, or detached homes) and do not mind if investors purchase multiple properties with the intent [...]

Restrictive covenants against property were historically not favored under the law. Statutes and court opinions throughout the United States instead favored that property owners should be able to use their property how the owners would like, as long as such use does not violate local, state, or federal law, and that covenants restricting the [...]

The first part of this article addresses Georgia Code Section 44-5-60, which is the Georgia statute that generally pertains to the duration of restrictive covenants, and the Georgia appellate court cases that have addressed that Code Section. The second part of his article addresses how Code Section 44-5-60 relates to the Georgia Property Owners’ [...]