Mobley v. Bent Tree Community, Inc.
Docket: A99A1579
Court: Court of Appeals of Georgia; October 1, 1999; Georgia; State Appellate Court
John Mobley purchased land in the Bent Tree Community and subsequently applied to build a 900-square-foot home. However, the community's board had recently amended its restrictive covenants to mandate a minimum home size of 1,250 square feet, which was recorded after Mobley submitted his application. The architectural committee denied Mobley's application on the grounds of noncompliance with the new size requirement. Mobley appealed to the Bent Tree board, arguing that his application should not be subject to the new requirement since it was submitted prior to the amendment being recorded. The board upheld the committee's decision, leading Mobley to file a breach of contract lawsuit in superior court. The court granted summary judgment in favor of Bent Tree, ruling that the effective date of the amendment, November 4, was controlling. Under the Georgia Property Owners’ Association Act, amendments become effective upon recording, which meant the committee could apply the new size requirement as of the decision date, November 13. The court noted that the amendment explicitly stated it applied to all applications not approved prior to the recording date. Since Mobley's application was not approved before November 4, the committee was justified in denying it based on the new standards. The trial court's decision was affirmed, with Judges Blackburn and Barnes concurring.