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socrateaser
socrateaser, Lawyer
Category: Real Estate Law
Satisfied Customers: 38240
Experience:  Attorney and Real Estate broker -- Retired (mostly)
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I am purchasing a home in Georgia. The HOA will not allow a

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I am purchasing a home in Georgia. The HOA will not allow a front entry garage in the community (of 28 homes). There is not enough room for a side entry into the garage. I have read the Bylaws and Covenants and it does not state address the directions of garages. All of the homes have three garages with some having a single garage facing the street. Can the HOA prevent the builder from building the front entry, forcing us into a home without enough room to drive into (21 ') the garage?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  socrateaser replied 1 year ago.
Hello, Local building codes prevail over association covenants and rules. Obviously. a property must have an accessible garage. What I would do is contact the local building department and confirm what is required for your property. Then, you can tell the board that unless they permit you to build "to code," you will be forced to take legal action to enforce your rights. I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer -- otherwise, I receive nothing for my efforts in your behalf.Thanks again for using justanswer.com!

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