If you are a Condominium Unit owner in the Metro Atlanta area and have recently requested a hardship lease permit from your Condominium Association’s Board of Directors, then the following language should be familiar to you:
- An Owner of a Residential Unit must relocate his or her residence outside the Atlanta metropolitan area and cannot, within six (6) months from the date that the Residential Unit was placed on the market, sell the Residential Unit except at a price below the current appraised market value, after having made reasonable efforts to do so;
- Where the Owner of a Residential Unit dies and the Residential Unit is being administered by his or her estate; and
The Owner of a Residential Unit takes a leave of absence or temporarily relocates and intends to return to reside in the Residential Unit.
The above-referenced language is typically contemplated in your Declaration of Covenants for your Condominium. But what should you do when you meet the above criteria and are nonetheless denied a hardship lease permit? Many Condominium Association Boards simply choose not to follow the very Covenants they so zealously enforce. It is the height of hypocrisy and the only way to resolve the dispute is through the legal system. Many Boards believe their decisions are immune to judicial review and this is simply not the case. If you suspect that your Board denied your hardship lease request unfairly, you must act quickly. Contact this law firm with the information below to discuss your options about HOA leasing in Georgia.