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Subject: Covenants Expired
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Author Messages
DanielS15
(Georgia)

Posts:11


11/04/2021 1:11 PM  
Can we re-file our covenants at the courthouse, without an attorney, if our covenants have expired?
SheliaH
(Indiana)

Posts:4284


11/04/2021 3:05 PM  
Maybe - did you call the county?

You don't say how old your community is, but it may be a good idea to have an attorney review the CCRs AND bylaws to see if anything needs updating to comply with current law. Your be surprised at how much may have changed and not only do you want the CCRs to stand up in court, you also want covenants to reflect the community's current needs.

No one likes legal fees, but being cheap can hurt you in the long run and if you're not an attorney, trying any updates yourself when you may not know what you're doing may result in a shitshow. It's not like you'll need to do this every year - reviewing the documents every 5-7 years should be enough if you did it thoughtfully the first time.
MelissaP1
(Alabama)

Posts:10584


11/04/2021 3:52 PM  
I am not sure why you would not run any changes by a lawyer or file old covenants again. There are still going to be filing fees no matter what you decide. Our was around $750. Plus if you plan on distributing them, that costs money. So your going to spend money. Just do it wisely. Plus choose the right attorney to do the job. This is a corporation not necessarily "real estate". So you want an exclusive HOA lawyer or a lawyer with contracts experience.


Former HOA President
DanielS15
(Georgia)

Posts:11


11/04/2021 4:04 PM  
Thank you for your replies. This is exactly what we were looking for.
Again, thank you
DouglasK1
(Florida)

Posts:1689


11/04/2021 6:07 PM  
Out of curiosity, how did they expire. Is there a state law similar to Florida's MRTA that automatically expires covenants after a period of time, or do the covenants themselves list a expiration date? If the latter, do they provide for some method of renewal?

Escaped former treasurer and director of a self managed association.
TimB4
(Tennessee)

Posts:17841


11/05/2021 4:49 AM  
IF they did expire, you will likely require 100% approval from owner to re-file.

Otherwise, you would only be able to reattach the deed restrictions to those properties that agree to abide by them.

If you place deed restrictions on property that the existing owner did not give written permission agreeing to the deed restrictions, you may have a lot more legal expenses in legal challenges then you would to have an attorney give a review of the documents and offer advice.
DanielS15
(Georgia)

Posts:11


11/05/2021 5:46 AM  
The covenants were written in 1988 and, per Georgia, expired after 20 years. We, the property owners, notified the board in 2017 (two attorneys and the director of the county planning and zoning all agree the covenants have expired).
Our board has failed to act on this and we are trying to put something together to correct these issues, even if it means removing the entire board.
DanielS15
(Georgia)

Posts:11


11/05/2021 5:50 AM  
Good info.
Thank you very much.
DanielS15
(Georgia)

Posts:11


11/05/2021 5:50 AM  
Good info.
Thank you very much.
AugustinD


Posts:1905


11/05/2021 6:49 AM  
Posted By DanielS15 on 11/05/2021 5:46 AM
The covenants were written in 1988 and, per Georgia, expired after 20 years. We, the property owners, notified the board in 2017 (two attorneys and the director of the county planning and zoning all agree the covenants have expired).
Our board has failed to act on this and we are trying to put something together to correct these issues, even if it means removing the entire board.
Perhaps it should be pointed out to the Board that it is likely operating illegally as long as the covenants are not recorded/restated. Other liability concerns may be present as well.

I mean: No covenants, no board technically exists, and arguably no mechanism technically exists for governing the HOA.

Is any owner delinquent in dues right now? What if the owner's attorney figures out the covenants expired?
BobS38
(Oregon)

Posts:57


11/05/2021 7:12 AM  
Posted By DanielS15 on 11/05/2021 5:46 AM
The covenants were written in 1988 and, per Georgia, expired after 20 years. We, the property owners, notified the board in 2017 (two attorneys and the director of the county planning and zoning all agree the covenants have expired).
Our board has failed to act on this and we are trying to put something together to correct these issues, even if it means removing the entire board.





this is my dream....alas, ours say they automatically renew every 10 years...
DouglasK1
(Florida)

Posts:1689


11/05/2021 7:14 AM  
Here is a relevant site:
https://www.luederlaw.com/duration-of-covenants-a-survey-of-georgia-law/

It summarizes the expiration law and some some case law. Interesting is that the expiration only applied to "Restrictive covenants" so that the ability to collect assessments may still exist even if restrictions can't be enforced.

Escaped former treasurer and director of a self managed association.
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