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    Subdivisions and Recorded Documents Back To F.A.Q. Page

    What is a Homeowner’s Association (HOA)?

    Homeowners' Associations (HOAs) are formal legal entities created to oversee the funding and maintenance of common areas and/or development infrastructure for the purpose of assuring the quality and value of the property.  Most condominium and townhome developments, single-family subdivisions containing open space areas, common areas, or conservation areas have HOAs, which are usually created when the development is built. In these subdivisions Covenants, Conditions & Restrictions (CC&R's) are usually issued to each homeowner, or tenant.  Homeowner’s Associations have the authority to enforce deed restrictions.

    What are subdivision covenants?

    Subdivision covenants are private restrictions on the use of land and are basically private agreements or contracts. They are usually recorded either in association with a deed, subdivision plat, or as an addendum to a subdivision plat. Covenants are legally binding upon all property owners referenced on the deed or subdivision plat, including subsequent owners, for the time period as established on the deed or plat.  Although covenants may also be referred to as Covenants, Conditions & Restrictions (CC&R's) these are different than Zoning Conditions that may be associated with a development.  Zoning conditions, much like covenants, are restrictions or stipulations in addition to the Forsyth County Unified Development Code yet they are a result of the rezoning process and are enforceable by the county.

    Can the county enforce covenants in my subdivision?

    No, covenants are a private agreement between the homeowners in a subdivision and the Homeowner’s Association (HOA). Only parties subject to the covenants may enforce them; this authority is vested to the HOA. The county does not have the legal authority to enforce these agreements.  In order to enforce covenants, affected persons will need to file a civil action in Superior Court.  Legal counsel will need to be contacted to assist with the filing.  To learn additional information regarding covenant renewal and time limitations on covenants, please refer to Georgia Law OCGA 44-5-60.

    Where can I get a copy of my subdivision plat, covenants, deeds, or other recorded documents?

    If your subdivision plat, covenants, deeds or other documentation was recorded properly you should be able to obtain copies from the Forsyth County courthouse records room located at 101 East Courthouse Square, Room 1007 Cumming, GA 30040; hours of operation are Monday through Friday, 8:30-5:00.  You may also search the Forsyth County Clerk of Courts Index for these documents and print the images available.

    Back To F.A.Q. Page
    110 East Main Street, Suite 100
    Cumming, GA
    FORSYTH COUNTY GOVERNMENTPhone:  (770) 781-2115
    Fax:  (770) 781-2197