Gregory and Jodi Vaugh v. Windfield Homeowners Association, Inc.

Atlanta, Georgia, real property lawyers represented the Plaintiffs and the Defendant in a condominium law dispute.



In 2023, the Vaughns purchased one of the lots in the Windfield subdivision. It is undisputed that the Vaughns paid assessments on the property as directed by the existing owners' association. The seller's disclosure and the Vaughns' closing documents listed the association as mandatory and the closing documents also included a rider that required compliance with the obligations imposed by any homeowners' association or covenants.[2] Following the purchase, the Vaughns began to use the home as a short-term rental.



Thereafter, the Windfield property owners sought to amend the 1987 declaration; create and incorporate a mandatory property owners' association ("the Association"), and adopt the Property Owners' Association Act ("the Act");[3] and impose restrictive covenants that banned short-term rentals. The Vaughns did not consent to any of these actions, but a two-thirds majority of the property owners voted in favor of amending the 1987 declaration to create a mandatory homeowners' association, incorporate the Association, and adopt the Act. The Association then filed its articles of incorporation and immediately recorded a restrictive covenant entitled First Amendment to the 1987 Declaration ("the Amendment"), which barred short-term rentals.



The Vaughns filed suit against the Association, seeking a declaratory judgment that the Amendment was invalid. Both the Vaughns and the Association moved for summary judgment, and, following a hearing, the trial court granted the Association's motion and denied the Vaughns' motion.[4] The trial court found that only a majority vote was required to amend the 1987 declaration, membership in the newly formed Association could be implied, and the Association substantially complied with the Act's requirements. Accordingly, the trial court found the Vaughns were subject to the new restrictive covenants



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Legal issue Can a homeowners association amend neighborhood covenants to restrict short-term rentals without the property owner's consent?



Key Phrases Homeowners association mandatory membership. Short-term rental restrictions. Amended declaration compliance. Summary judgment de novo. Implied consent membership.

Affirmed