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A property owners association is pursuing enforcement action against homeowners for covenant violations. What enforcement authority does a Georgia property owners association have under the Georgia Property Owners' Association Act?

Correct Answer

C) The association has authority to enforce covenants through legal proceedings, including seeking injunctive relief in court

Under the Georgia Property Owners' Association Act (O.C.G.A. § 44-3-223 et seq.), property owners associations have broad enforcement authority over covenant violations, including the right to bring legal proceedings and seek injunctive relief to compel compliance. Courts in Georgia have consistently upheld the standing of associations to enforce restrictive covenants through equitable remedies.

Answer Options
A
The association may impose fines per its governing documents but must obtain a court order before suspending any owner privileges
B
The association may enforce covenants only through alternative dispute resolution as required by the Act before filing suit
C
The association has authority to enforce covenants through legal proceedings, including seeking injunctive relief in court
D
The association may record a notice of violation against the property but cannot place a lien for fines related to covenant enforcement

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Related Topics & Key Terms

Key Terms:

covenant_enforcementlegal_proceedingsinjunctive_relief
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