The Georgia Court of Appeals has ruled in favor of Steven D. Anderson, a property owner seeking to build a house across two adjacent lots in McIntosh County. The court's decision, made on June 26, 2026, reverses a lower court ruling that had sided with the Tolomato Island Property Owners Association, Inc. This ruling is significant as it clarifies the rights of property owners regarding construction across lot lines, potentially impacting future developments in the area.
The dispute began when Anderson purchased three adjacent lots in a subdivision governed by a declaration of covenants and restrictions. He sought to combine two of these lots to build a single-family residence. The homeowners association opposed the construction, arguing that the declaration prohibited such actions without the declarant's consent. The case reached the Court of Appeals after Anderson filed for declaratory and injunctive relief.
In his complaint, Anderson claimed that the declaration did not explicitly prohibit the construction of a house across the lot lines. He argued that the McIntosh County approval of his combined lot should allow him to proceed with his building plans. The trial court initially sided with the homeowners association, granting them summary judgment and denying Anderson's request.
However, the Court of Appeals found that the language of the declaration did not explicitly prevent Anderson from building across the original lot lines. The court stated, "the plain language of the Declaration does not prohibit approval of Anderson’s proposed construction even though the house would cross the lot lines depicted on the original plat." This ruling reversed the trial court's decision, allowing Anderson to pursue his construction plans.
The court clarified that while it ruled in favor of Anderson regarding the declaratory relief, it did not automatically grant him the right to build. The court noted that the Architectural Review Board (ARB) still has discretion over construction approvals and that there could be other reasons for denying Anderson's plans. The court emphasized that the trial court must now consider Anderson's request for injunctive relief on remand.
This ruling is significant for property owners in similar situations, as it establishes that declarations of homeowners' associations must be clear and unambiguous. The court highlighted that restrictions on property use are generally not favored in Georgia, and property owners have the right to use their land for lawful purposes. The decision reinforces the idea that any restrictions must be clearly defined and cannot be extended by judicial interpretation.
Going forward, this ruling may set a precedent for property owners seeking to combine lots and build across boundaries. It emphasizes the importance of clear language in property declarations and the rights of owners to use their properties as they see fit, provided they comply with local regulations.
As for what’s next, the case will return to the trial court for further proceedings regarding Anderson's request for injunctive relief. The court will need to determine whether the ARB can deny his construction plans based on other criteria. Additionally, the homeowners association may consider appealing the decision, although details on any such intentions were not available in the court filing.