Blue Ridge, GA asked in Real Estate Law for Georgia

Q: When there is no HOA, & the development company ceased to exist in 2015, how binding is a 2007 20-year covenant now?

I co-own, along with my wife and son, a 1.8 ac lot in Dawson County, Lot 1 of 6 lots that originally comprised 12.2 ac, subdivided by a development company that was subsequently dissolved in 2015. We purchased the lot in April 2020, with the intention that my son would locate his residence there. At the time of purchase we signed a 20-year covenant that was prepared by the development company in 2007. It specifies that no mobile homes, doublewides or other temporary structures can be located on the property.

We assumed that this meant that only permanent structures with a foundation were permitted. The zoning for our lot is RSRMM, Residential Sub-Rural Manufactured/Moved. The county requires that manufactured housing have a minimum 4/12 roof pitch. Since there is no HOA, and since the development company no longer exists, and since the lot is zoned for manufactured/moved housing, is there any legal problem with placing a manufactured home with foundation on the property?

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1 Lawyer Answer
Seth Meyerson
Seth Meyerson
Answered
  • Sharpsburg, GA
  • Licensed in Georgia

A: The question is, who might sue you for breaching your covenant? The other owners are the ones who might be damaged by your departure from the covenant.

Other owners, have they abided by the rules so far?

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