How Do Property Owners Receive Notice About the Existence of an Association?

Practically speaking, in most cases home purchasers are advised of the existence of a homeowners association and provided with a copy of the association’s declaration and bylaws prior to or at closing.  Because the declaration is recorded in the county land records, purchasers are also deemed to have “constructive notice” of the covenants at the time of purchase so that there is an “implied covenant” to comply with the community’s rules, even if the purchaser does not receive a copy of the declaration and affirmatively agree to the covenants.  See Castle Point Homeowners Assn. v. Simmons, 333 Ga. App. 501, 505-506, 773 S.E.2d 806 (2015).

 

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