DHHOA Background
A legal disclaimer
The explanations and information provided on this page are only general and high-level observations based on public information. You should not rely on this article as legal advice or as recommendations regarding your property. We recommend that you seek legal advice to help you understand and to assist you as needed.
Excerpts of County Records & Relevant State Statutes
The Dunwoody Heritage HOA covenants were published in January 1985 and recorded at Deed Book 9408, page 321 in the Fulton County, GA records.
Prior to 1993, Georgia Code Section 44-5-60(b) stipulated that covenants restricting land use, like those found in subdivision HOA documents, had a maximum duration of 20 years. This meant that after 20 years from the creation of such covenants, they would generally expire and become unenforceable, unless they were renewed. This applied to covenants both within and outside of areas with zoning laws.This means the original covenants would have expired in January 2005, 20 years after they were published. However, the covenants were amended to expire 25 years after the published date of January 1985, unless a renewal was filed with the Fulton County recorder's office.
A renewal was not found on file with the Fulton County recorder's office. Therefor, the HOA covenants expired January 2010 per Georgia Code 44-5-60(b) and converted to a "voluntary HOA".
Although the covenants expired in 2010 and are unenforceable, a voluntary HOA continues to serve a valuable purpose. The organization maintains a bank account and non-profit corporate status filed through the GA Secretary of State under the business name Dunwoody Heritage Homeowners' Association, Inc. This business filing aids the voluntary HOA with maintaining the bank account, paying common area utilities, acquiring insurance and conducting business arrangements, such as with landscape companies.