Property Owners Association Issues

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Property Owners Association Issues

Was wondering what my POA can actually do to someone if a convenant has been broken under our covenants… (Link: https://www.llpoa.com/DECLARATION%20OF%20COVENANTS.htm

Asked on June 2, 2009 under Real Estate Law, Georgia

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Meaning what? Who broke the covenant? The POA or someone else? What covenant? What were the damages?

ARTICLE VI

General Provisions

6.01  Enforcement. (a) The Architectural Control Committee, or any owner, shall have the right to enforce, by any proceeding at law or In equity, all restrictions, conditions, covenants, reservations, easements, liens now or hereafter imposed by the Control Committee to

BOOK 887PAGE 532

enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter.

(b) The Architectural Control Committee shall have the right to abatement in all cases where an owner of a lot shall fail to take reasonable steps to remedy a violation or breach of any restriction contained in this Declaration within twenty (20) days after the mailing of written notice of such violation or breach. The right of abatement means the right of the Architectural Control Committee, through its agents and employees, to enter at all reasonable times upon any lot or structure as to which a violation or breach exists, and to take such action or actions specified in the notice to the owner to abate, extinguish, remove or repair such violation or breach, all without being deemed to have committed a trespass or wrongful act by reason of such entry and such actions.

So, call a homeowner association/real estate lawyer. Try www.attorneypages.com


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