A Georgia homeowners association discovers that its recorded restrictive covenants, originally drafted in the 1950s, contain language prohibiting the sale of homes to members of certain racial groups. The association's board asks what action is legally required. Under current federal and Georgia law, what should the association do?

Correct Answer

D) Seek legal counsel to determine the proper procedure for removing the discriminatory language and complying with applicable state and federal requirements

While discriminatory restrictive covenants are unenforceable under the Fair Housing Act (42 U.S.C. § 3604) and the Fourteenth Amendment, Georgia law under O.C.G.A. § 44-5-60(d) provides a mechanism for striking void discriminatory covenants from the record. The process for amending recorded covenants involves specific legal procedures, including potentially filing an action to have the language formally removed. Because the amendment process involves legal technicalities—such as proper recording, required votes, and compliance with both the association's governing documents and Georgia statutory procedures—the association should seek legal counsel to ensure the removal is done correctly and completely. Simply ignoring the language or posting notices is insufficient to meet the association's obligations.