Covenants in a community that opts into the Georgia POAA are effectively perpetual: O.C.G.A. § 44-3-234 exempts them from the 20-year covenant limit of § 44-5-60. The association may control architectural changes and enforce covenants through fines, damages, injunctions, or 'any other remedy available at law or in equity' under § 44-3-223.
O.C.G.A. § 44-3-234 states that the durational limits in § 44-5-60(b) and (d)(1),(2),(4) 'shall not apply to any covenants contained in any instrument created pursuant to or submitted to this article.' Ordinary Georgia covenants outside city limits self-terminate after 20 years, but POAA covenants run perpetually unless the declaration provides otherwise—a key reason developers opt in. Section 44-3-231 grants the association power to approve or deny architectural and exterior changes through a review process defined in the instrument. For enforcement, § 44-3-223 lets the association pursue compliance through fines, suspension, and an action for 'damages or injunctive relief, or for any other remedy available at law or in equity,' with reasonable attorney's fees recoverable when the instrument or statute allows.
No criminal penalty. An owner who violates a covenant or makes an unapproved architectural change can be ordered to remove or correct the work, fined per the declaration, sued for damages or an injunction, and charged the association's attorney's fees. Perpetual POAA covenants mean the restriction generally cannot be outlasted.
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Augusta, GA
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