Question:
Do we have to have a lawyer draw up a document to amend the by-laws to put a rental cap on our single-family subdivision of 144 homes. I know we need to have a 2/3 vote by the community, but do we need to spend $3,000 dollars for a lawyer to create this document before we know if the vote would put the rental cap in place?
– Arlene
Answer:
Hi Arlene,
In Georgia, an HOA is not legally required to hire an attorney to draft a bylaw amendment, including one that imposes a rental cap. However, it’s strongly recommended that legal review occur before the amendment is finalized and recorded, to ensure the language is enforceable and complies with state law.
That said, you don’t need to spend $3,000 upfront just to determine whether the membership supports the rental cap concept. You can first conduct an informal survey, nonbinding vote, or community discussion to gauge support. If you confirm that at least two-thirds of members are in favor, as required by your bylaws, then hire an attorney to draft or review the formal language.
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.
