These are the questions we are frequently asked regarding the closing process: Q: What information do you need from me to start the process? A:Review our information sheets: Click here for access buyer information sheet. Click here for seller information sheet. Q: What do I need to bring to closing? A: Click here for closing checklists and choose the one that applies to you. Q: I'm the buyer. How can I get a copy of your fee sheet? A: Click here for our fee sheet. Q: How can I find out...
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Neighborhood covenants usually require owners to obtain architectural approval before building new structures or modifying existing structures. The courts have repeatedly held that such architectural restrictions are fully enforceable. But we all know that not everyone follows the covenants. What happens if an owner makes unapproved changes and then sells the property before the violation is corrected? Does the violation continue so that the new owner is responsible for correcting it? The...
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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 of using them as investment rental properties. Once a community is built out, however, many homeowner-controlled boards desire to restrict...
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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’ Association Act (commonly referred to as the “POA”). I. CODE SECTION 44-5-60 Georgia Code Section 44-5-60 used to provide that covenants...
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The Georgia Property Owners’ Association Act (“POA”) was adopted in 1994 to expand the powers of homeowners associations. The POA does not, however, apply automatically. Instead, the developer of a community or the members of a community’s homeowners association must “opt-in” to be governed by the POA. The “opt-in” process generally takes place either by the developer when the developer initially creates the declaration of covenants for the community, or by the members of the...
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