The Guide to Georgia HOA Laws

In plain English, a community can opt into the GPOAA by declaring that its elections will be governed by this act. The community can also amend an existing declaration. Communities that were founded before the act went into effect (before July 1, 1994) can opt in by amending their declaration at any time. 

Once communities opt in, all of the GPOAA’s provisions apply. The declaration lasts forever, bypassing §44-5-60, which limited covenants to 20 years. 

If a community doesn’t opt into the GPOAA, they’re still governed by their governing documents, Georgia case law, and the Georgia Nonprofit Corporation Code.

What this means for HOA board leadership: Opting into the GPOAA can offer the board benefits, including greater enforcement. However, it might not be the right choice if there’s a rift between homeowners and your board. Consider the choice carefully, because opting in applies forever. 

This statute, under Georgia HOA law, governs how associations enforce their rules and the tools they have when homeowners do not comply. Here are some of the most important things you need to know:

•  Associations may impose fines and suspend residents’ privileges for violating the governing documents, but only if the declaration authorizes such powers. 
• Under HB 220, boards must give residents 10 days’ notice before taking them to court. 
• Fines cannot affect a homeowner’s voting rights, unless they haven’t paid their assessments (also under HB 220). 
• If a homeowner has been suspended from accessing common areas or services, they can still access the property they own or occupy. 
• There are limits to late fees on unpaid assessments: the greater of $10 or 10% of the overdue amount. 

What this means for HOA board leadership: To comply with the law, boards must have a defensible enforcement record. They have to be able to track when documents were delivered. The good news is they can do this with automated violation-tracking tools. 

This statute makes assessment payments mandatory for residents, but implements standards for HOAs in levying and documenting them. Here are the most important things you should know: 

• Every lot owner must pay the assessments levied by the HOA. 
• Even if an owner doesn’t use the common areas or abandons their property, they’re still obligated to pay the assessments. 
• If a common expense benefits only certain lots, the board may specially assess those lots rather than spreading the cost across the community.
• If damage is caused by a specific owner or their guests, the association may assess payments directly to that owner.
• The association must keep detailed and accurate financial records, including itemized receipts and expenditures.

What this means for HOA board leadership: This statute grants the board the authority to assess levies. With that power comes responsibilities, though. The HOA must keep records, which can become challenging if no one on the board has financial expertise. PayHOA simplifies assessment management and financial recordkeeping with financial tools. 

This Georgia HOA statute addresses how GPOAA communities can charter and amend their governing documents. Here’s what you should know: 

• Amending the declaration requires approval from at least two-thirds of all members.
• Governing documents can raise that threshold to as high as 80%.
• If the developer still owns lots, their consent is also required.

What this means for HOA board leadership: It isn’t easy to become a GPOAA-governed association. You need buy-in from a high percentage of homeowners, and you might need consent from the developer, too. So if there’s an amendment to be made, the community needs to band together. 

This statute outlines what records the association must maintain and what members are entitled to access.

• The association must keep updated copies of its articles of incorporation, bylaws, and all amendments at its principal office.
• Any homeowner may request a copy of these documents. The statute allows the board to charge a reasonable fee for providing them.
• The board must also maintain clear financial records, meeting minutes, and documentation necessary to manage the association’s affairs.

What this means for HOA board leadership: You are responsible for maintaining key documentation and financial records to comply with legal requirements. What can you do if the board doesn’t have a physical office? Digital document storage tools are the answer. These tools make crucial documents and financial records available to residents. 

Your association’s meetings and annual financial reporting must also comply with state law.

• The board must hold an annual member meeting. 
• The board must give residents at least 21 days’ notice for regular member meetings, and at least seven days’ notice for special meetings. 
• At the annual meeting, the board must present a detailed report covering finances, operations, and future budget projections.
• If the association fails to hold an annual meeting by the end of its fiscal year, 5% of the voting power (or up to 25% as specified in governing documents) may call a meeting under HB 220. 

What this means for HOA board leadership: The annual meeting is one of the most important accountability mechanisms in Georgia HOA governance. You must be diligent about inviting residents to regular, annual, and special meetings. Mass communication tools allow boards to meet those requirements with a documented delivery trail.

This statute is broad and covers the board’s day-to-day authority and its limits.

• The board may employ, retain, or fire agents and employees, including officers. The exception to this rule is if the board’s declaration explicitly prohibits it. 
• The board has the authority to approve or deny exterior modifications and establish an architectural control committee, unless the declaration restricts these powers.
• Board members and officers must act in good faith and within the best interests of the association, and they must do so with ordinary prudence (meaning you take reasonable precautions) under §14-3-830 of the Nonprofit Corporation Code.
• Board actions and governing documents must comply with the federal Fair Housing Act and the Americans with Disabilities Act
• If the board isn’t following required procedures around elections, assessments, and budget adoption, residents can use those reasons not to pay assessments if the assessments aren’t valid. 

What this means for HOA board leadership: While the board has a great deal of power, that authority isn’t unlimited. Power always comes with responsibility, and in this case, it’s state-mandated. You’re accountable to the state and the residents.  

Assessments, liens, and foreclosures are the most powerful tools an HOA board has. Here’s what you need to know: 

• All sums that a board lawfully assesses against a lot owner are an automatic lien on that lot from the time the assessment becomes due. There’s no need for the board to file a separate lien. 
• The lien covers assessments, fines, late fees, interest, and collection costs.
• If the lien is at least $2,000, foreclosure is permitted. 
• Georgia requires judicial foreclosure. A court must approve the action, which means no nonjudicial power-of-sale process.
• The HOA must notify the owner by certified mail or statutory overnight delivery with return receipt at least 30 days before starting the foreclosure process.
• A lien will lapse four years after the assessment came due if no one acts on it. 
• If the association fails to provide a requested statement of amounts due within five business days, the lien is extinguished as to any purchaser or lender in the transaction

What this means for HOA board members: If your board opts into the GPOAA, you have the power to use liens. However, there are restrictions on these powers. While GPOAA-governed boards can use liens, the $2,000 floor and mandatory court proceAssessments, liens, and foreclosures are the most powerful tools an HOA board has. Here’s what you need to know: 

• All sums that a board lawfully assesses against a lot owner are an automatic lien on that lot from the time the assessment becomes due. There’s no need for the board to file a separate lien. 
• The lien covers assessments, fines, late fees, interest, and collection costs.
• If the lien is at least $2,000, foreclosure is permitted. 
• Georgia requires judicial foreclosure. A court must approve the action, which means no nonjudicial power-of-sale process.
• The HOA must notify the owner by certified mail or statutory overnight delivery with return receipt at least 30 days before starting the foreclosure process.
• A lien will lapse four years after the assessment came due if no one acts on it. 
• If the association fails to provide a requested statement of amounts due within five business days, the lien is extinguished as to any purchaser or lender in the transaction

What this means for HOA board members: If your board opts into the GPOAA, you have the power to use liens. However, there are restrictions on these powers. While GPOAA-governed boards can use liens, the $2,000 floor and mandatory court process mean foreclosure is never fast or cheap. Liens are meant to be used as an absolute last resort.

This Georgia HOA statute addresses HOAs that aren’t governed by the GPOAA. 

• Covenants in a common law association’s declaration expire after 20 years unless affirmatively renewed. This is a major operational risk for older communities. GPOAA associations are explicitly exempt from this 20-year rule, which is another strong reason to opt in.
• Common-law associations in communities with 15 or more lots may seek relief from the courts without first attempting self-help remedies. 
• Unlike GPOAA associations, common law HOAs under §44-5-60 have no 10-day written notice requirement before pursuing injunctive relief.

What this means for HOA board members: If your community has never formally opted into the GPOAA, your covenants may have a built-in expiration date that most board members are unaware of. Checking your declaration’s recording date and renewing covenants before they expire is not optional, it’s existential.