Marietta, GA HOA Rules: CC&R Enforcement (2026)

The line sits inside the R-1 district's zoning standards but functions as a citywide savings clause: whatever the zoning ordinance permits, such as an accessory dwelling unit, backyard chickens, a garage sale or a shed, a subdivision's own recorded declaration of covenants can still forbid, because the city's ordinance disclaims any authority to modify, nullify, change or usurp those private restrictions. In practice this means Marietta's Department of Development Services and municipal court enforce the zoning code, not homeowners association rules. A resident who gets a zoning permit or passes a Director's temporary-use review for something like an ADU has satisfied the city's requirements, but a deed-recorded covenant barring detached structures, home businesses or certain fence styles is a separate, private contractual obligation the HOA must enforce on its own, typically through the declaration's own remedies or a civil suit in Cobb County courts.

The city will not cite a homeowner for a covenant violation, and an HOA cannot direct city code enforcement to act on its behalf. The clause closes by confirming the ordinance applies only within the City of Marietta, underscoring that it governs the municipal zoning layer alone and leaves the separate, privately recorded layer of restrictions on Cobb County's Deed Records fully intact and self-enforcing.