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Are there any exceptions to that? The answer is yes. If there is not an automatic renewal provision already contained in pre-July 1, covenants, does Code Section prohibit amending the covenants to add such a provision?
This issue was addressed by the Georgia Court of Appeals in In that case, the original restrictive covenants in a subdivision were recorded in and did not contain a renewal provision. The court determined that the amendment violated Code Section , as it existed prior to July 1, , and as a result, the amendment was invalid. Deed restrictions are recorded on every lot within the community association, and are legal and binding. No association member is exempt from following the deed restrictions.
However, there are a few important things to keep in mind:. It really depends on what the restriction is. If the restriction conforms with local, state and federal laws, the time and expense involved in undertaking a project to amend them can be considerable.
For example, it may not be worth challenging rules about painting, but attempting to change rules banning certain trucks in a rural community where a large population owns such vehicles might be worthwhile.
Obviously, you should also do your best to find a home in a neighborhood that does not have deed restrictions you would challenge. Associations should, in general, work towards removing illegal or outdated deed restrictions altogether, despite the complexity of the process. It makes it easier for the new association member to learn and follow the rules if the deed restrictions are current and complete.
If the residents believe the deed restrictions do not serve the community well overall, residents can work together to initiate change. After obtaining a copy of the restrictions from your county courthouse, check for an expiration date or provisions for changing them. You may be able to find them online from your county deed records office. The original grantor of the deed restriction may also waive or revoke it. Deed restrictions usually appear in the county property records where the property is located.
In advance of closing, a buyer should always review the title company documents for any deed restrictions on the property they are purchasing. It is incumbent on the buyer to understand any restrictions as to the use of the property. The opinions expressed are of the individual author for informational purposes only and not for legal advice.
Contact an attorney for any particular issue or problem. Your email address will not be published. Save my name, email, and website in this browser for the next time I comment. Sardone Construction. Robert Elliott Custom Homes. Patten Custom Homes. Skip to main content. Share News:. Where do Deed Restrictions Come From?
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