Legal Question in Real Estate Law in Georgia

Homeowners Enforcement

Can an off-duty police officer enforce HOA's covenants and regulations if there is not a city or county ordinace prohibiting the covenants and regulations?


Asked on 11/25/01, 11:59 pm

2 Answers from Attorneys

Hugh Wood Wood & Meredith

Re: Homeowners Enforcement

I think we have kind of an apples and oranges question here. Generally, peace officers (whether onduty or off) enforce the law -- in that they prevent breach of the peace or make arrests for violations of Chapter 16 of the Georgia Code or City Ordinances, etc. These are, generally, criminal law issues.

Homeowner Ordinances are almost always civil issues. The general method of enforcement of civil matters is to make a request and, if ignored, seek redress in the Courts. Granted that the end result of the Court is an Order that a peace officer may have to enforce, but, generally, police, peace officers whatever cannot simply go and declare someone to be in violation of a/an HOA. If they are deputized (have a mandate), the have the ability to make an arrest (which an ordinary citizen may not, except at his or her own peril) for a felony, misd., etc., but not a civil issue. Hugh Wood

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Answered on 11/26/01, 2:40 am
Charles W. Field Charles W. Field, Attorney at Law

Re: Homeowners Enforcement

The ONLY ones who can seek to enforce HOA covenants are property owners in the (usually) subdivision.

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Answered on 12/05/01, 4:47 pm


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