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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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