Georgia HOA & Condo Laws

Assessment Collection Compare across states

How HOAs and condominium associations charge, collect, and enforce regular and special assessments. Covers dues billing, delinquency notices, late fees, lien filing, judicial and non-judicial foreclosure, statute of limitations, and …

O.C.G.A. §44-3-109

Georgia Condominium Act — Lien for Assessments

Establishes assessment lien authority for condominium associations. The association has a lien on each unit for unpaid assessments. The lien is subordinate to recorded first …

O.C.G.A. §44-3-111

Georgia Condominium Act — Statement of Unpaid Assessments

Requires the condominium association to furnish a statement of unpaid assessments to a unit owner or purchaser within 10 days of request. The statement is …

O.C.G.A. §44-3-221

Georgia Property Owners' Association Act — Definitions

Defines terms for the Georgia Property Owners' Association Act, which governs planned communities with mandatory membership and assessment authority. Applies to all property owners' associations …

O.C.G.A. §44-3-223

Georgia POA Act — Association Powers

Defines the powers of the property owners' association, including authority to adopt and enforce rules, levy assessments, manage common areas, and exercise all powers granted …

O.C.G.A. §44-3-232

Georgia POA Act — Lien for Assessments

Establishes assessment lien authority for property owners' associations. The association has a lien on a lot for any assessment levied against that lot from the …

O.C.G.A. §44-3-70

Georgia Condominium Act — Short Title and Scope

Establishes the regulatory framework for condominiums in Georgia. Governs creation, governance, common element management, unit owner rights, and assessment authority. The Georgia Condominium Act is …

Meetings and Notice Compare across states

Board and owner meeting requirements — open meeting mandates, advance notice periods, agenda requirements, minimum owner comment periods, executive session limits, remote participation, and materials access rules.

O.C.G.A. §44-3-225

Georgia POA Act — Meetings of Lot Owners

Establishes meeting requirements for property owners' associations. The association must hold at least one annual meeting. Special meetings may be called as specified in the …

Elections and Voting Compare across states

Director elections, board member removal votes, governing document amendments, secret ballot requirements, quorum rules, proxy voting, electronic voting, and inspector of election requirements.

O.C.G.A. §44-3-225

Georgia POA Act — Meetings of Lot Owners

Establishes meeting requirements for property owners' associations. The association must hold at least one annual meeting. Special meetings may be called as specified in the …

Enforcement and Fines Compare across states

Association authority to enforce governing documents through fines, suspension of privileges, and legal action. Covers fine limits, hearing requirements, notice-and-opportunity procedures, and limitations on enforcement authority.

O.C.G.A. §44-3-100

Georgia Condominium Act — Association Powers and Board

Defines the powers of the condominium association and its board of directors. The association acts through its board, which manages the common elements, enforces the …

O.C.G.A. §44-3-221

Georgia Property Owners' Association Act — Definitions

Defines terms for the Georgia Property Owners' Association Act, which governs planned communities with mandatory membership and assessment authority. Applies to all property owners' associations …

O.C.G.A. §44-3-223

Georgia POA Act — Association Powers

Defines the powers of the property owners' association, including authority to adopt and enforce rules, levy assessments, manage common areas, and exercise all powers granted …

Resale Disclosure Compare across states

Resale certificate and transfer disclosure requirements at the time of unit sale. Covers disclosure timing, content, fee caps, delivery deadlines, buyer rescission rights, and association liability for inaccurate information.

O.C.G.A. §44-3-111

Georgia Condominium Act — Statement of Unpaid Assessments

Requires the condominium association to furnish a statement of unpaid assessments to a unit owner or purchaser within 10 days of request. The statement is …

Fiduciary Duty Compare across states

Board member fiduciary obligations — duty of care, duty of loyalty, business judgment rule, conflict of interest disclosure, and personal liability exposure. Statutory duties imposed on directors and officers of …

O.C.G.A. §44-3-100

Georgia Condominium Act — Association Powers and Board

Defines the powers of the condominium association and its board of directors. The association acts through its board, which manages the common elements, enforces the …

O.C.G.A. §44-3-223

Georgia POA Act — Association Powers

Defines the powers of the property owners' association, including authority to adopt and enforce rules, levy assessments, manage common areas, and exercise all powers granted …

O.C.G.A. §44-3-224

Georgia POA Act — Board of Directors and Declarant Control

Establishes requirements for the board of directors and declarant control transition. The declarant may appoint board members during the development period. Control must transition to …

Governance Documents Compare across states

The foundational documents governing common interest communities — declarations (CC&Rs), bylaws, articles of incorporation, rules and regulations, architectural guidelines, and resolutions. Document hierarchy, amendment procedures, and recording requirements.

O.C.G.A. §44-3-221

Georgia Property Owners' Association Act — Definitions

Defines terms for the Georgia Property Owners' Association Act, which governs planned communities with mandatory membership and assessment authority. Applies to all property owners' associations …

O.C.G.A. §44-3-70

Georgia Condominium Act — Short Title and Scope

Establishes the regulatory framework for condominiums in Georgia. Governs creation, governance, common element management, unit owner rights, and assessment authority. The Georgia Condominium Act is …

Foreclosure and Liens Compare across states

Assessment lien filing, priority, extinguishment, and foreclosure procedures. Minimum thresholds for foreclosure, pre-foreclosure notice requirements, mediation mandates, super-priority provisions, and the interaction between HOA liens and mortgage liens.

O.C.G.A. §44-3-109

Georgia Condominium Act — Lien for Assessments

Establishes assessment lien authority for condominium associations. The association has a lien on each unit for unpaid assessments. The lien is subordinate to recorded first …

O.C.G.A. §44-3-232

Georgia POA Act — Lien for Assessments

Establishes assessment lien authority for property owners' associations. The association has a lien on a lot for any assessment levied against that lot from the …

Developer Transition Compare across states

The handoff from developer control to owner-controlled governance. Turnover requirements, document delivery obligations, transition audits, warranty periods, and developer liability for construction defects revealed after transition.

O.C.G.A. §44-3-224

Georgia POA Act — Board of Directors and Declarant Control

Establishes requirements for the board of directors and declarant control transition. The declarant may appoint board members during the development period. Control must transition to …

Legal Facts by Category
Establishes assessment lien authority for condominium associations. O.C.G.A. §44-3-109
Lien is subordinate to recorded first mortgages O.C.G.A. §44-3-232
Establishes assessment lien authority for property owners' associations. O.C.G.A. §44-3-232
Georgia is a judicial foreclosure state O.C.G.A. §44-3-232
The statement is binding on the association in favor of persons relying on it. O.C.G.A. §44-3-111
Georgia does not have a comprehensive resale certificate statute comparable to states like Virginia or Arizona. O.C.G.A. §44-3-111
Within ten days after receipt of a written request O.C.G.A. §44-3-111
Requires the condominium association to furnish a statement of unpaid assessments to a unit owner or purchaser within 10 days of request. O.C.G.A. §44-3-111
The association acts through its board, which manages the common elements, enforces the declaration and bylaws, and exercises powers granted by the condominium instruments. O.C.G.A. §44-3-100
The association has a lien on each unit for unpaid assessments. O.C.G.A. §44-3-109
Foreclosure follows judicial procedures. O.C.G.A. §44-3-109
The lien is subordinate to recorded first mortgages and government tax liens. O.C.G.A. §44-3-109
The association has a lien on a lot for any assessment levied against that lot from the time the assessment becomes due. O.C.G.A. §44-3-232
The lien is subordinate to recorded first mortgages. O.C.G.A. §44-3-232
Georgia is a judicial foreclosure state. O.C.G.A. §44-3-232
Defines the powers of the condominium association and its board of directors. O.C.G.A. §44-3-100
Defines terms for the Georgia Property Owners' Association Act, which governs planned communities with mandatory membership and assessment authority. O.C.G.A. §44-3-221
Older associations may opt in. O.C.G.A. §44-3-221
Applies to all property owners' associations created on or after July 1, 2015. O.C.G.A. §44-3-221
Defines the powers of the property owners' association, including authority to adopt and enforce rules, levy assessments, manage common areas, and exercise all powers granted by the declaration and bylaws. O.C.G.A. §44-3-223
Board members owe fiduciary duties to the membership. O.C.G.A. §44-3-223
Control must transition to owner-elected board members according to statutory timelines based on lot sales percentages. O.C.G.A. §44-3-224
Establishes requirements for the board of directors and declarant control transition. O.C.G.A. §44-3-224
The declarant may appoint board members during the development period. O.C.G.A. §44-3-224
The association must hold at least one annual meeting. O.C.G.A. §44-3-225
Lot owners must receive reasonable notice of all meetings. O.C.G.A. §44-3-225
Special meetings may be called as specified in the bylaws. O.C.G.A. §44-3-225
Establishes meeting requirements for property owners' associations. O.C.G.A. §44-3-225
Governs creation, governance, common element management, unit owner rights, and assessment authority. O.C.G.A. §44-3-70
The Georgia Condominium Act is separate from and predates the Property Owners' Association Act. O.C.G.A. §44-3-70
Establishes the regulatory framework for condominiums in Georgia. O.C.G.A. §44-3-70
Legal references last verified April 15, 2026. This content is educational and informational. It does not constitute legal advice. Consult a licensed attorney in your state for legal guidance specific to your situation.
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