Canton, GA asked in Real Estate Law and Consumer Law for Georgia

Q: RESUBMISSION: What do homeowners do when HOA covenants aren't enforced and even some Board members refuse to comply?

We have lived in our subdivision for 18 years, and it is an uphill battle to see that the covenants are enforced. Examples of non-enforcement include boats and trailers parked on the properties, vehicles parked in the yard, trash/recycling cans showing from the street, yards not kept up, overnight street parking, etc. We pay HOA dues every year and want to know what recourse we have when covenants are not upheld. We have a management company, but they just come out once a month and report to the Board what they see on non-compliance. It really does not matter, though, since their report then goes to the HOA Board for the Board to make the decisions, and some Board members, themselves are in violation of the covenants and refuse to comply. Hence, it is a no-win situation! We bought in a beautiful neighborhood, but it is going downhill because of this problem and will ultimately affect our resale values. Even some local real estate agents are aware of this problem in our neighborhood.

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1 Lawyer Answer
Michael D. Birchmore
Michael D. Birchmore
  • Lawrenceville, GA
  • Licensed in Georgia

A: HOA issues are so common everywhere. Either the HOA is too overbearing or it isn't involved at all (like yours). At this point, trying to speak with somebody, or rallying the neighborhood just isn't going to work. IMHO you must now seek legal assistance. Accordingly, I urge you to meet with a competent real estate attorney who, preferably, has had experience with HOAs in this type situation.

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