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Private Controls and Associations

The stricter rule wins

Private restrictions and public zoning both limit what you may build, and neither outranks the other for being public. Where they conflict, the more restrictive provision controls. Zoning permitting duplexes does not override a covenant limiting lots to single-family dwellings, and a covenant can never authorize what zoning forbids.

A building permit does not extinguish a covenant: it shows only zoning and code compliance, and local government does not enforce covenants. Adopting zoning does not void them.

Georgia's 20-year covenant clock

Georgia rule: in zoned jurisdictions, covenants restricting land to certain uses run no more than 20 years. In a planned subdivision of at least 15 plots they renew automatically for successive 20-year periods unless owners of at least 51% of the plots record a termination document in the superior court clerk's office, no sooner than but within the 2 years before it expires.

Covenants recorded June 1, 2010 in a zoned county with 40 lots expire May 31, 2030 and renew for 20 more years unless owners of 21 of the 40 lots record a termination in that window. They do not expire at 15 years — that is the plot threshold — and do not last forever merely because they run with the land.

Amending a declaration: 2/3, ceiling 80%

Amending a condominium declaration takes two-thirds of the association votes: with 120 units at one vote each, 2/3 × 120 = 80 votes. No instrument may require more than 80% of owners, 0.80 × 120 = 96 votes — the ceiling, not the requirement. Mortgagees holding 80% of mortgaged-unit votes must also consent, deemed given if they do not respond within 30 days of certified notice. A simple majority, 61 votes, is the common wrong answer.

The 5-business-day statement

An owner, mortgagee, contract purchaser or prospective lender may request a statement of unpaid assessments, late charges and interest. If the association does not furnish it within 5 business days, the lien is extinguished as to that purchaser or lender, though the seller's personal obligation for the sums remains. The separate 7-day voidability runs from delivery of the condominium disclosure package, not from closing.

Knowledge check

4 questions on what you just read. Each answer shows the full explanation and its source.

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