Georgia Court Says HOA Claims For Violations of Covenants Were Barred by Statute of Limitations

Georgia Appellate Court decision (July 15, 2015).

This case involves ongoing disputes between homeowners’ association members (“Owners”) and their homeowners’ association (“Association”) pertaining to efforts by the Association to prevent alleged continuing violations of applicable restrictive covenants and to recover past due Association assessments and attorney fees.

Owners purchased their property in 1996 with knowledge of the fact that the property was subject to various restrictive covenants that were contained in Association’s governing documents. The problems started in 2002, when Owners enclosed a portion of their yard by erecting a fence without the required Association approval. The Association first engaged in efforts to get Owners to take down the unauthorized fence in 2003. When the Association’s board refused to approve […]

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