Georgia Court of Appeals Victories for Atlanta Homeowners in Dispute with Homeowners Association

Atlanta area homeowners were sued by their homeowners association concerning a restrictive covenant prohibiting them from using their garage for storage. Julie successfully argued on appeal that, because the association did not achieve 2/3 of the vote of the community when adopting the restriction, it could not enforce the restriction against homeowners who did not vote in favor of the restriction or consent to it in writing. Upon a second appeal, Julie prevailed in a dispute over attorney fees owed to the homeowners. Both appeals resulted in published opinions by the Georgia Court of Appeals. Marino v. Clary Lakes Homeowners Association, Inc., 322 Ga. App. 839 (2013); Marino v. Clary Lakes Homeowners Association, Inc., 331 Ga. App. 204, 770 SE2d 289 (2015).

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