#HOA COVENANT CODE#

Your covenants were written when ALL fireworks were illegal in Georgia. However, there is a practical issue here that the covenant committee should have taken into consideration. Addressing Practical Considerations Covenants and Changing Laws Even though it is more restrictive than the Georgia Fireworks law, it does not violate the law and is enforceable. It is the same situation with the covenant’s ban on fireworks.

#HOA COVENANT CODE#

The covenant is in accordance with the Fair Housing Amendments Act of 1988, so it is legal, even though it is more restrictive than the health code and zoning ordinance. However, a covenant restriction could limit occupancy to no more than two persons per bedroom. Example: Occupancy Restrictionsįor example, a health code or zoning ordinance might not limit the number of people that can reside in a house. A covenant that is more restrictive than a law does not mean it violates the law. Courts have held the covenants are enforceable, so long as they do not violate a law. Courts have ruled that by moving into a covenant community, whether you agree or even realize it, you may give up rights that you otherwise have the right to enjoy. Covenants can be more restrictive than laws and zoning ordinances. The covenants are restrictions that apply to the Lots in your subdivision. You can be fined for violating a covenant, regardless of the fact that your actions did not violate any state or federal laws. Legal Restrictions Legal Implications of Covenants Do we have grounds to win our case? Understanding Covenant vs. The letter does state that we have a right to a hearing if we want to contest the fine. This is crazy! Can we be fined? We weren’t violating the Georgia Fireworks law. The committee has sent letters to about twelve of us telling us we were observed on the 4 th of July violating the “no fireworks” provision of the covenants and telling us that a fine of $25.00 has been imposed against us. However, since sparklers are legal in Georgia, I thought we could enjoy them. One of the provisions in our covenants says NO fireworks. My neighbors and I are really upset with the covenant enforcement committee of our subdivision. Many homeowners often have questions about restrictions on shooting off fireworks in their subdivision, especially if it differs from the current state of Georgia law regarding fireworks. However, your homeowner’s association may have certain covenants in place that restrict fireworks in a way different than the law does. Fireworks can create a spark of joy that brighten up any holiday and Georgia’s Fireworks Law has become increasingly more lax about firework usage each year.

Hoa covenant