Georgia Court of Appeals Agrees with John Lueder
A homeowner sued one of our community association clients and argued, in part, that the association had a duty under Georgia law to enforce the covenants against all violations and that the association may be liable for not enforcing. Specifically, the homeowner argued that if Homeowner “A” has a covenant violation that the association does not enforce, then Homeowner “B” may sue the association for not enforcing against Homeowner “A.” The Georgia Court of Appeals in the case of Rymer v. Polo Golf and Country Club Homeowners Association, Inc. rejected that argument and agreed with our firm that a community association’s board of directors has the sole discretion under Georgia law to decide when it will take enforcement action.
The Georgia Court of Appeals rejected that argument and agreed with our firm that a community association’s board of directors has the sole discretion under Georgia law to decide when it will take enforcement action.
Two additional items to note. First, although Georgia law does not require an association to enforce, a board deciding not to enforce could open the door to various defenses, such as selective enforcement. Second, if the covenants themselves require the association to enforce, then the association would be required to follow the covenants.
John T. Lueder is the founding partner of the law firm of Lueder, Larkin & Hunter, LLC. John’s legal career has been concentrated on community association law, liability defense, and litigation. John can be reached at johnlueder@luederlaw.com.