(e) Association Legal Instruments means this Declaration and all exhibits hereto, the Bylaws, Articles of Incorporation and the Princeton Corners Plats, all as may be supplemented or amended. (d) Association shall mean Princeton Corners Homeowners’ Association, Inc., a Georgia nonprofit corporation, its successors or assigns. (c) Articles or Articles of Incorporation mean the Articles of Incorporation of the Princeton Corners Homeowners’ Association, Inc., as filed with the Secretary of State of the State of Georgia. Such Lots, upon future execution and recording of consent by the Lot Owner in accordance with the terms of this Declaration, shall become a portion of the Property. (b) Additional Property means all those Lots shown on the Princeton Corners Plats, which are not submitted hereto by written consent recorded with this Declaration. (Michie 1982), as such act may be amended from time to time. (a) Act shall mean the Georgia Property Owners’ Association Act, O.C.G.A. Section 44-3-220, et seq. Unless the context otherwise requires, certain terms used in this Declaration, the By-Laws, and the Articles of Incorporation shall be defined as follows: Generally, terms used in this Declaration, the By-Laws, and the Articles of Incorporation shall have their normal, generally accepted meanings or the meanings given in the Act or the Georgia Nonprofit Corporation Code. The Property is located in Land Lots 909 and 910 of the 16th District, 2nd Section of Cobb County, Georgia. The name of the property is Princeton Corners (hereinafter sometimes called “Association”), which property is a residential property owners development which hereby submits to the Georgia Property Owners’ Association Act, O.C.G.A. The real property described in Exhibits “A” and “B” of this Declaration, including the improvements constructed or to be constructed thereon, and any additional property which is hereafter subjected to this Declaration, shall be held, sold, transferred, conveyed, used, occupied, and mortgaged or otherwise encumbered subject to the covenants, conditions, restrictions, easements, assessments and liens hereinafter set forth, which are for the purpose of protecting the value and desirability of, and which shall run with the land and the title to, the real property now or hereafter made subject to this Declaration, and shall be binding on all persons having any right, title, or interest in all or any portion of such real property, their respective heirs, legal representatives, successors, successors-in-title, and assigns and shall inure to the benefit of each and every owner of all or any portion thereof. THIS DECLARATION is adopted on the date hereinafter set forth by Princeton Corners Homeowners’ Association, Inc. Although these decisions are difficult for boards, board leadership on these issues is important for your community.Return to: Weissman, Nowack, Curry & Wilco, P.C.ĭECLARATION OF ADDITIONAL PROTECTIVE COVENANTSĪND PERMANENT MEMBERSHIP FOR PRINCETON CORNERS Enforcing restrictive covenants ensures that all homeowners are treated fairly, and that the property rights for all members is respected. On the other hand, boards for homeowner associations cannot ignore their responsibilities. We had to file suit in the Circuit Court because part of the relief sought was for an injunction, a remedy not available in the General District Court. Even though the litigation was resolved in a fairly timely manner–because the homeowner agreed to relocate the fence–attorneys’ fees were still much higher than if the case were brought in the General District court. A homeowner had installed an unapproved fence in the common area. Virginia Code sections 55-79.80:2, and 55-513 give jurisdiction for those matters to the General District Court. Those lawsuits can be expensive and time-consuming.įor example, prior to the statutory change, we resolved a case in which the HOA had to enforce a covenant. However, If an HOA needs to enforce a covenant, seeking an injunction to require a homeowner to comply with the restrictive covenant, as of 2011, the HOA must file a lawsuit in the Circuit Court can now file a lawsuit in the General District Court, as well. Generally, homeowner associations can file a lawsuit in the General District courts to enforce collection of assessments. We have written previously on the litigation of homeowner association cases.
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