![]() ![]() ![]() Also, there is generally nothing in the covenants that would require an association to provide a copy of the covenants to an owner. Instead, because the covenants against her property are recorded, she is subject to them and is deemed under the law to have knowledge of them. Whether or not the new owner was specifically informed of the covenants or signed anything agreeing to them is irrelevant under the law. Georgia law is very clear that covenants recorded in the county land records constitute legal notice of the covenants. That is generally not, however, an obligation of the association. The new owner generally wants to know why she was not informed of the covenants and often asserts that the homeowners association should have informed her of the covenants. Unfortunately, this is a situation that occurs time and time again. She also says she never received a copy of the covenants at the closing. The new owner responds that there must be some mistake because nobody informed her there are covenants or there were amounts still owed by the previous owner. ![]() The new owner is understandably surprised and is also surprised to learn that her property is subject to the neighborhood covenants which require her to be a member the homeowners association and pay assessments each year. You have recently informed the new owner that she now owes those amounts. The previous owner owed hundreds of dollars in unpaid assessments and charges that were not collected at the closing. She worked with a real estate agent, had a closing at an attorney’s office, and everything went smoothly. A new owner has moved into your neighborhood. ![]()
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