HOA Laws in Georgia

Georgia is unusual in that its main HOA statute is optional. The Georgia Property Owners' Association Act (O.C.G.A. 44-3-220 through 44-3-235) applies only to communities that have affirmatively opted in through a recorded declaration. Communities that have not opted in are governed mainly by their recorded documents and general corporate law. Condominiums are governed separately by the Georgia Condominium Act. This guide summarizes the areas boards ask about most. It is general information, not legal advice.

The governing framework

If your community opted in to the Property Owners' Association Act, the Act adds statutory powers and protections, including an automatic lien for unpaid assessments, on top of your documents. If it did not opt in, your recorded declaration of covenants (CC&Rs) and bylaws carry the most weight. Most Georgia HOAs are also incorporated as nonprofit corporations, so Title 14 governs corporate matters such as member and board meetings, director duties, quorum, and voting. To find out whether your community opted in, check whether your recorded declaration expressly elects the Act.

Meetings and records

For communities under the Act and for those relying on their documents, meetings, notice, and records access are set by the Act where it applies and otherwise by the bylaws and the nonprofit corporation code, which gives members certain inspection rights.

Elections and voting

Directors are elected by the members as provided by the governing documents and, where applicable, the Act, with notice, quorum, proxy, and ballot procedures following those rules.

Assessments, liens, and foreclosure

Associations may levy assessments and enforce a lien for unpaid amounts. A key benefit of opting in to the Act is an automatic statutory lien for assessments, which can simplify collection. Foreclosure follows the documents and applicable law, so boards typically involve an attorney.

Fines and enforcement

Authority to fine generally comes from the governing documents, and where the Act applies it supports enforcement. Boards should confirm their documents authorize fines and provide fair notice and an opportunity to be heard.

Reserves and budgets

Georgia does not impose a statewide reserve-study or reserve-funding mandate. Budgeting and reserve practices follow the community's documents, and funding reserves for major repairs remains a widely recommended practice.

Owner protections on common restrictions

Georgia addresses certain owner rights, including the display of the United States flag, by statute. Because Georgia leaves much to the documents, owners and boards should read the CC&Rs carefully and confirm any applicable state limits.

Where to get official help

The Property Owners' Association Act and the Condominium Act appear in Title 44 of the Georgia Code. Because opting in changes which rules apply, consulting a Georgia attorney experienced in community association law is especially valuable.