Homeowners associations in Georgia must understand the various Georgia HOA laws that apply to them. These laws govern the operations and management of these associations as well as protect the rights of the homeowners living in them.
The Role of Georgia HOA Laws 
In Georgia, as with any other state, the goal of HOA laws is to establish a legal framework that governs how associations operate. These laws define the rights and responsibilities of association boards, developers, and homeowners.
Georgia homeowners association laws are essential for many reasons. For one thing, they protect the rights of homeowners. These laws outline what associations can and cannot do. This protects homeowners from unfair practices, such as improper fines or selective rule enforcement.
The laws also help standardize HOA operations. They guide how boards conduct meetings, vote on budgets, and handle disputes. In addition, statutory requirements help prevent board members or developers from overstepping their authority or making decisions that harm the community.
Essentially, Georgia HOA laws help preserve property values by promoting transparency, consistency, and fairness.
What are the HOA Laws in Georgia?
There are a handful of statutes that govern various types of communities. Below are the different State of Georgia HOA laws that apply.
Georgia Property Owners Association Act 
The Georgia Property Owners Association Act (GPOAA) is the main law that lays out how specific homeowners associations in Georgia are formed and run. It is also sometimes referred to as the Georgia Homeowners Association Act.
Associations in Georgia can either follow this law or operate under common law. If they follow the GPOAA, they’re often called “POAs.” Those that don’t are usually called “HOAs,” although the terms sometimes overlap.
To fall under the governance of the GPOAA, an association must officially state that choice in its recorded declaration or amend an existing one to say so. This is called “opting in.”
While the GPOAA isn’t as detailed as some other states’ HOA laws, it still gives associations a stronger legal footing than common law. It also makes things like filing liens more straightforward.
Associations that don’t follow the GPOAA risk their declarations expiring 20 years after recordation unless they take action to renew them. In contrast, GPOAA associations continue automatically unless they formally dissolve.
Georgia Condominium Act
The Georgia Condominium Act works a lot like the GPOAA but is specifically for condominium associations rather than homeowner associations. This law mainly applies to residential condos built after October 1, 1975. It also applies to condos that have chosen to follow the Act by recording a declaration or updating an existing one.
Most of the provisions concerning the creation, management, and governance of COAs mirror those in the GPOAA. In many cases, the rules and responsibilities are almost identical. That said, condo associations sometimes face stricter requirements when it comes to disclosures.
Georgia Nonprofit Corporation Code
Under Georgia law, an association must be set up as either a nonprofit or a for-profit corporation before it can officially record its declaration. Most associations in Georgia are nonprofits, which means they follow the rules laid out in the Georgia Nonprofit Corporation Code. This code covers aspects such as the structure and operation of corporations.
If an association is formed as a for-profit entity, it must follow the Georgia Business Corporation Code instead.
Georgia Fair Housing Law
Georgia’s Fair Housing Law protects residents from housing discrimination across the state. It reflects the same protections provided under the federal Fair Housing Act. This includes protections against discrimination based on race, color, religion, sex, national origin, disability, and familial status.
Under Georgia law, it’s illegal for an association to take actions that interfere with someone’s ability to buy, rent, or enjoy a home because they belong to a protected class. This includes both direct and indirect forms of discrimination, even unintentional ones.
Notable Provisions Under Georgia HOA Laws
Georgia HOA laws cover a wide range of topics, but there are a few that stand out above the rest. Here are some of the most notable provisions that both board members and homeowners must note.
Amendments to the Declaration
In Georgia, the Property Owners Association Act (POAA) requires a member vote to amend a declaration. At least two-thirds of members must approve, but the governing documents can raise that requirement to as much as 80% (Section 44-3-226). If the developer still owns lots, their consent is also required.
That said, if the board is updating the declaration to comply with the POAA or another law, then it is not necessary to obtain a member vote. (Section 44-3-231). Boards should also refer to their governing documents for other requirements.
Architectural Restrictions
Associations in Georgia have the authority to approve or deny changes to a home’s exterior, as long as the declaration doesn’t say otherwise (Section 44-3-231). Boards can also create an architectural control committee to handle these decisions.
This means associations can set rules for things like paint colors, landscaping, trash storage, and parking. They can even cover features like above-ground pools or solar panels.
Association Records
Associations must keep updated copies of their articles of incorporation, bylaws, and amendments at the principal office. Any homeowner can request a copy, and the board can charge a reasonable fee for providing it (Section 44-3-227).
Boards must also keep clear financial records, meeting minutes, and any documentation necessary to manage the association’s affairs (Section 44-3-231). Each year, during the annual member meeting, the board must present a detailed report that covers finances, operations, and future budget projections (Section 44-3-230).
Authority to Collect Dues, Fines, and Assessments
Under the GPOAA (Section 44-3-232), associations can collect maintenance assessments, special assessments, late fees, fines, collection costs, attorney fees, and interest. But these charges are only enforceable if the declaration allows them.
There are certain limitations. For instance, late fees can only go up to $10 or 10% of the overdue amount, whichever is higher. For interest, the limit is up to 10% per year. Finally, an association may only charge fines if the declaration permits it.
Suspending Owner Rights and Privileges
Associations under the GPOAA can penalize owners who break the rules, but only if the declaration allows it. Penalties may include fines, suspension of voting rights, and loss of access to common areas or services. That said, an association can never block on owner from entering their property (Section 44-3-223).
Liens and Foreclosures
For GPOAA associations, liens attach automatically when dues go unpaid. There’s no need to record a lien separately, but some associations still do to avoid confusion. A lien can include unpaid assessments, late fees, interest, fines, and collection costs.
Associations in Georgia must use judicial foreclosure, which means a court has to approve it. They can only foreclose if the delinquent amount is at least $2,000. For amounts below that, the association can still sue the owner in small claims court, but it doesn’t have the ability to foreclose.
Other than that, liens expire after four years. Because of this, associations must start foreclosure proceedings before these four years are up.
Professional Legal Help
Navigating the ins and outs of Georgia HOA laws can come as a challenge, especially to inexperienced or self-managed boards. Hiring a professional management company can help with this significantly.
Cedar Management Group offers HOA management services, including legal assistance, to communities. Call us today at (877) 252-3327 or email us at help@mycmg.com to get started!
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