Legal Opinion
Ga. Appreciation Prop., Inc. v. Enclave at Riverwalk Townhome Ass'n, Inc.
Court of Appeals of Georgia
Decided March 15, 2018No. A17A2097PublishedCited by 3 opinions
1Opinion of the Court
The February 2016 amendment to the Declaration also submitted the property and Declaration to the provisions of the POA Act, OCGA § 44-3-220 et seq. As noted above, the provision of the Declaration that allows amendments thereto is expressly subject to the terms of the
POA Act. The POA Act has its own provision regarding amendment of an instrument, such as a declaration,5 which provides:
Except to the extent expressly permitted or required by other provisions of this article, the instrument shall be amended only by the agreement of lot owners of lots to which two-thirds of the votes in the…
Also in this document: Concurrence.
2Cases cited11 opinions
- Phoenix Airline Services, Inc. v. Metro Airlines, Inc.Supreme Court of Georgia · 1990
- Grace Bros. v. Farley Industries, Inc.Supreme Court of Georgia · 1994
- Williams v. FullerSupreme Court of Georgia · 1979
- Pinnacle Benning, LLC v. Clark Realty Capital, LLCCourt of Appeals of Georgia · 2012
- SAWS AT SEVEN HILLS, LLC v. FORESTAR REALTY, INC.Court of Appeals of Georgia · 2017
6 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- CASEY MURRAY v. LEXINGTON PARK OF FULTON COUNTY COMMUNITY ASSOCIATION, INC.Court of Appeals of Georgia · 2024
- Jennifer Knaack v. Henley Park Homeowners Association, Inc.Court of Appeals of Georgia · 2022
- North Walhalla Properties, LLC v. Kennestone Gates Condominium Association, Inc.Court of Appeals of Georgia · 2021