Introduction

Homeowners Associations (HOAs) play a crucial role in maintaining the quality and value of properties within a community. However, it’s essential that their actions and amendments align with state laws and respect the rights of homeowners. One such situation is currently unfolding in our community, where an amendment to the HOA covenants could potentially violate Georgia Senate Bill 442.

Understanding Georgia Senate Bill 442

Passed in 2020, Georgia Senate Bill 442 amended the Georgia Property Owners’ Association Act (the “POA Act”). The bill prohibits amendments to property owners’ association instruments and covenants that restrict the rental of residential lots and plots.

The law introduced a provision known as “grandfathering until conveyance.” This means that if a property is being leased at the time a leasing restriction amendment is recorded, the current owner can continue to lease the property until it is sold to a new owner.

The Controversial Clause

The proposed amendment to our HOA covenants includes a clause that requires landlords to notify the Board of Directors that they are leasing their property and provide a copy of the lease within 90 days of the Effective Date of the Declaration. Failure to do so disqualifies the owner from the grandfathering provision.

Potential Violation of Senate Bill 442

The additional requirements imposed by this clause could potentially violate the regulations set forth in Senate Bill 442. The bill provides a “grandfathering until conveyance” provision without any such notification or documentation obligation on landlords.

Implications for Homeowners

If passed, this amendment could have significant implications for homeowners in our community who lease their properties. They could lose their grandfathered status and the ability to lease their properties if they fail to meet the additional requirements imposed by the amendment.

Why We Should Vote No

Given these concerns, it’s crucial that we vote no to this HOA amendment. Doing so will ensure that our community’s actions align with state laws and respect the rights of homeowners.

Remember, your vote matters. Let’s make sure our community remains a place where everyone’s rights are respected.