Friday, July 25, 2014 Login
Quick Links:
Subject: Covenants expire after 20 years.
Prev Next
Please login to post a reply (click Member Login on the menu).
Author Messages
NielsA
(Georgia)

Posts:1


10/23/2008 8:43 AM  
Our covenants expired in 2007 and according to Georgia law they do not benefit from automatic renewal. How do we handle this, Do we have to rewrite covenants and file with Georgia State and is this a 51% majprity vote or 75% majoruty vote.

Niels
SusanW1
(Michigan)

Posts:5202


10/23/2008 9:17 AM  
Your documents should tell you what the vote threshhold is for this renewal.
RogerB
(Colorado)

Posts:4861


10/23/2008 11:00 AM  
Posted By NielsA on 10/23/2008 8:43 AM
Our covenants expired in 2007 and according to Georgia law they do not benefit from automatic renewal. How do we handle this, Do we have to rewrite covenants and file with Georgia State and is this a 51% majprity vote or 75% majoruty vote. Niels


Niels,
To provide an answer it would help if you posted that portion of your Covenants which makes you think they expired in 2007; and providing a reference to the Georgia statutes to which you refer. If the Covenants have actually expired (IMO difficult to believe) it may take 100% of those homeowners who wish to form an assocation.
SusanW1
(Michigan)

Posts:5202


10/23/2008 1:27 PM  
See what happened to this association when they did not renew their convenants:

http://asci.uvm.edu/equine/law/cases/use/holling.htm
KirkW1
(Texas)

Posts:1665


10/23/2008 1:56 PM  
If your covenants expired in 2007, then you would need to follow state law for establishing covenants in an area that has none today. Here in Texas that involves getting 75% of the owners to ratify the covenants within a one year period. As a note, while this will establish a new set of covenants, if there are no prior covenants, then an owner can exclude themselves (regardless of the 75% approval) by filing a document within one year of ratification.

Now that is the state of Texas. I don't know what it would be in your state. I would think though that if your state believes in ownership rights at all you can not force an owner into the new set of covenants.
Please login to post a reply (click Member Login on the menu).
Forums > Homeowner Association > HOA Discussions > Covenants expire after 20 years.



Condo & HOA Websites by Community123.com  Terms Of Use  Privacy Statement