Brockway v. Harkleroad

ANDREWS, Presiding Judge.

At issue is whether over 90 percent of the lot owners in a subdivision restricted to residential development by a recorded declaration of covenants and restrictions properly used an amendment provision in the declaration to shorten the duration of the declaration and terminate the covenants and restrictions. In the first appearance of this case, we held in Licker v. Harkleroad, 252 Ga. App. 872 (558 SE2d 31) (2001) that an attempt by 90 percent of the lot owners to amend the declaration to exempt only their lots from the restriction against commercial development on…