⏳ Do HOA Covenants Expire in Georgia? Yes — And Here’s What You Need to Know

If you live in a neighborhood with an HOA, chances are you’ve signed off on a Declaration of Covenants, Conditions & Restrictions (commonly called CC&Rs). But did you know these restrictive covenants don’t last forever?

Here’s the truth: under Georgia law, HOA covenants can — and do — expire unless they’re properly renewed.

Let’s break down how this works and what your rights are under O.C.G.A. § 44-5-60 (2024).

📜 What Are HOA Covenants?

Covenants are legally binding rules that restrict how you can use your property — things like:

• “No commercial vehicles parked in the driveway.”

• “Yard must be kept manicured.”

• “No exterior changes without approval.”

They’re meant to “maintain property values” (🙄), but we know how that often goes…

🔒 Do Covenants Expire?

YES.Under Georgia law, covenants restricting land to certain uses expire after 20 years if your community is in a city or county with zoning laws — which includes most of metro Atlanta and surrounding areas.

✅ Unless the covenant itself says otherwise, it stops running after 20 years.

BUT... there's a big exception for planned subdivisions. 👇

🔄 Do Covenants Renew Automatically?

YES — if your subdivision has 15 or more lots.

According to Georgia Code § 44-5-60(d):

“Covenants restricting lands to certain uses affecting planned subdivisions with 15 or more lots will automatically renew every 20 years unless 51% of homeowners take legal steps to terminate them.”

And here’s the kicker:➡️ There’s no limit to how many times this can happen.➡️ There’s no requirement that your HOA notify you it’s happening.

📌 How Can You Terminate or Stop a Covenant from Renewing?

To legally end or stop the auto-renewal, you need:

✅ At least 51% of plot owners to sign✅ A document that includes:

• Legal description of the subdivision

• List of all property owners

• Reference to the specific covenant to be terminated✅ The document must be filed with the clerk of the Superior Court✅ Must be filed within 2 years before the 20-year renewal date

⏳ If that doesn’t happen, the covenants renew automatically for another 20 years.

❓Is the HOA Required to Notify You?

NO.Georgia law does not require HOAs to notify homeowners of:

• The 20-year expiration window

• An automatic renewal

• Any rights to challenge or terminate the covenants

That means it’s on you to:

• Know when your neighborhood’s 20-year clock started

• Know if your subdivision has 15 or more lots

• Know if anyone is trying to terminate or amend the rules

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⚖️ What Else You Need to Know

Here are a few key rights you still have under Georgia law:

• You have the right to see all financial records — including itemized receipts.

• Fines must be reasonable and late fees can’t exceed 10% of the original amount.

• HOAs cannot change covenants to impose stricter rules without the written consent of the homeowner affected.

• No changes can discriminate based on race, religion, gender, age, or national origin.

• If the HOA fails to function, homeowners can file to take over board control through the courts (yes, seriously — read subsection d(5)).

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🧠 Final Thoughts

HOA power isn’t forever — unless you let it be.

The law gives you the power to:

• Track your covenant’s expiration

• Organize your neighbors

• Terminate harmful or outdated rules

• Challenge excessive fees and non-transparency

But here’s the catch: Your HOA doesn’t have to tell you any of this. You have to know it — and now you do.

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