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Bart14mama · May 30, 2007, 01:24 PM

I purchased property in Cossawattee River Resort (CRR) in Ellijay, GA. My property is a RV on .10 of an acre and is located in the Eagles Mountain Campground. The CRR has covenants for all sections of the CRR. One of the specifics of the covenant for campground area is that "no construction allowed in the campground", but the information packet that I rec'd at the POA office also had "Construction Guidelines for Campground". Over the course of years, the CRR has relinquished the covenant (dated in 1988) and allowed people to build on their piece of property of "roof-overs", porches, etc. Some people did go overboard and pretty much built lean to's and such that have decreased the property to looking like a trashy trailer park. Well, now the Board of Directors has gone and determined to put a complete stop on any/all construction and revert (after goodness knows how many years) back to the original covenants. I feel that I should be allowed to build and enhance my personal property on my land any way that I choose, but because of the actions of some folks I am being told that NO I can't do that - the covenant will stand. I feel that I am being discriminated against and how can the CRR do this after allowing this to happen for some many years and do they have a standing on what they can do or is there a statute of limitations?

Is there any law that says they can actually do this? Or does allowing for construction for some many years set a precedent?

ballengerb1 · May 30, 2007, 02:11 PM

Previous errors and omissions made by the Board does not mean they must continue to make the same error. The convanents are registered with your secretary of states office and they are considered law within the campground. Covanents are difficult to change and often require 66.6% of all property owners must vote yes. In my POA we never even get 66% of the people to vote yes or no. The CRR is you too if your are a property owner. The convanents can't be relinquished but they can be not fully enforced. Your board probably got a few new members who also don't like the trailer park look and want to put an end to it. Go to a Board meeting and speak your piece.

Bart14mama · May 31, 2007, 03:57 AM

Originally Posted by ballengerb1

Previous errors and omissions made by the Board does not mean they must continue to make the same error. The convanents are registered with your secretary of states office and they are considered law within the campground. Covanents are difficult to change and often require 66.6% of all property owners must vote yes. In my POA we never even get 66% of the people to vote yes or no. The CRR is you too if your are a property owner. The convanents can't be relinquished but they can be not fully enforced. Your board probably got a few new members who also don't like the trailer park look and want to put an end to it. Go to a Board meeting and speak your piece.

I did go to the BOD meeting and will continue to go and voice my opinion. Of course, it was overlooked and I was just told to refer to the covenants again. I asked them to go back to what they were doing before the moratorium (which was a case-by-case basis). Our rules/regulations and covenants request that owners enhance and maintain their property values yet the BOD will not allow me to do that. In the closing they did an appraisal of 4 other properties as well as the piece that I bought. Those that had a roof over appraised at a higher value then mine, which gives me to conclude that the roof over would enhance and improve the property value. I am NOT wanting to go overboard, I just want to improve my property as well as protect it. My insurance lady even said with a roof over I would save money on my policy as it would protect the RV from damage.

I don't know - I guess I am just aggravated as it has gone on for some many years and now it seems as if they are just trying to run off the campground owners. Well, they will have to buy me outright before I leave.

Fr_Chuck · May 31, 2007, 05:32 AM

Sorry if and when you buy property in HOA ( Home Owners Associations) those properties with land restrictions on the deeds, and as in your case with convernants on the deed, you give up the right to it being totally
"YOUR" property in that you can't do anything you want, you have to do only what is allowed within those restrictions. And basically they can tell you what you can and can't have.

If you buy property outside such areas, where there is no restrictions, then your only restrictions are the buidling and zoning laws for that area.

ballengerb1 · May 31, 2007, 08:22 AM

POA board can be fickle and some times not fully trust worthy. There are good people who run for boards and then there are those who just like having power. The later will frequently abuse that power. I sit on a POA and got elected because I ran againist one of those power mongers. Keep complaining. What seems to work in our POA is threaten to sue since they have changes their past practice and now hold you to a higher standard than others before you.

excon · May 31, 2007, 08:47 AM

Hello Bart:

First, you got your feds, and they're bad enough. Then you got your state, and they ain't no picnic. On top of that, you got your city's, and they bust your balls too.

Then you got your HOA's. If you got any rights left after those governments took their share, HOA's will take the rest. Plus, they're run by little Nazi's.

Who, in their right mind, would choose to put themselves in an environment like that? My advice? SELL, SELL, SELL!

excon