Georgia statute reference · O.C.G.A. § 44-3-109
§ 44-3-109 - Lien for assessments
Section 44-3-109 creates the Georgia condominium association's lien for unpaid assessments, sets its priority over most other liens, and prescribes how the lien is enforced. Enforcement is judicial: the statute requires foreclosure by an action, judgment, and court order after at least 30 days' certified-mail notice, and only once the lien reaches $2,000.00.
Statute text reproduced from the Official Code of Georgia Annotated (O.C.G.A.); editorial summaries by the Common Elements editorial team. Not legal advice; not a substitute for Georgia counsel.
Current as of 2026-05-29.
What boards need to know
The lien is automatic and broad. Under O.C.G.A. § 44-3-109(a), all sums lawfully assessed against a unit owner or unit, whether for common expenses, fines, or charges for materials and services furnished at the owner's request, become the owner's personal obligation and a lien on the unit from the time they are due and payable. That lien is prior and superior to all other liens except the four the statute lists: ad valorem taxes, a first-priority mortgage and any mortgage recorded before the declaration, the lessor's lien under § 44-3-86, and a qualifying secondary purchase-money mortgage. Recording the declaration is record notice of the lien, so no separate claim of lien is required.
Foreclosure in Georgia is judicial. Section 44-3-109(c) provides that, after at least 30 days' notice by certified mail or statutory overnight delivery to the owner, the lien may be foreclosed by an action, judgment, and foreclosure in the same manner as other liens for the improvement of real property. The subsection speaks of a court order for judicial foreclosure. It does not provide a power-of-sale or non-judicial mechanism for the assessment lien. The notice must state the amount due, the authorized late charges, and the interest rate.
Two limits sit on the same subsection. No foreclosure action is permitted unless the lien is at least $2,000.00, and the lien lapses four years after the assessment or installment first became due and payable. Unless the condominium instruments prohibit it, the association may bid on the unit at the foreclosure sale and acquire, hold, lease, encumber, and convey it.
The add-on charges in § 44-3-109(b) apply only to the extent the condominium instruments provide for them: a capped late charge, interest up to 10 percent per annum, the costs of collection including reasonable attorney's fees actually incurred, and the fair rental value of the unit during the foreclosure action. Section 44-3-109(d) separately entitles owners, mortgagees, purchasers, and prospective lenders to a written statement of amounts due, and extinguishes the lien against that transaction if the association does not furnish it within five business days.
Key requirements
The lien and its priority
O.C.G.A. § 44-3-109(a)- Automatic lien for lawfully assessed sums, fines, and charges
- Prior and superior to all other liens except four listed categories
- Excepts ad valorem taxes and a first-priority or pre-declaration mortgage
- Excepts the lessor's lien under § 44-3-86 and a qualifying purchase-money mortgage
- Recording the declaration is record notice; no separate lien filing
Add-on charges (if instruments provide)
O.C.G.A. § 44-3-109(b)- Late charge: greater of $10.00 or 10 percent of the unpaid amount
- Interest up to 10 percent per annum
- Costs of collection, court costs, and reasonable attorney's fees actually incurred
- Fair rental value during the foreclosure action
Judicial foreclosure
O.C.G.A. § 44-3-109(c)- At least 30 days' certified-mail or statutory-overnight notice first
- Foreclosure by an action, judgment, and court order
- Same manner as other liens for the improvement of real property
- No foreclosure action unless the lien is at least $2,000.00
- Lien lapses four years after the amount first became due
Statement of amounts due
O.C.G.A. § 44-3-109(d)- Owner, mortgagee, purchaser, or lender may request it in writing
- Delivered to the association's registered office
- Lien extinguished as to that transaction if not furnished in five business days
- Statement is binding on the association and every unit owner
- Fee not exceeding $10.00 if the instruments provide
Key statutory text
The foreclosure subsection, reproduced verbatim from the Official Code of Georgia Annotated. Full text at legis.ga.gov.
§ 44-3-109(c) - judicial foreclosure
Not less than 30 days after notice is sent by certified mail or statutory overnight delivery, return receipt requested, to the unit owner both at the address of the unit and at any other address or addresses which the unit owner may have designated to the association in writing, the lien may be foreclosed by the association by an action, judgment, and foreclosure in the same manner as other liens for the improvement of real property, subject to superior liens or encumbrances, but any such court order for judicial foreclosure shall not affect the rights of holders of superior liens or encumbrances to exercise any rights or powers afforded to them under their security instruments. The notice provided for in this subsection shall specify the amount of the assessments then due and payable together with authorized late charges and the rate of interest accruing thereon. No foreclosure action against a lien arising out of this subsection shall be permitted unless the amount of the lien is at least $2,000.00. Unless prohibited by the condominium instruments, the association shall have the power to bid on the unit at any foreclosure sale and to acquire, hold, lease, encumber, and convey the same. The lien for assessments shall lapse and be of no further effect, as to assessments or installments thereof, together with late charges and interest applicable thereto, four years after the assessment or installment first became due and payable.
Common questions about § 44-3-109
- Does a Georgia condominium association foreclose its assessment lien judicially or non-judicially?
- Judicially. O.C.G.A. § 44-3-109(c) provides that, not less than 30 days after notice is sent by certified mail or statutory overnight delivery, the lien may be foreclosed by the association by an action, judgment, and foreclosure in the same manner as other liens for the improvement of real property. The subsection refers to a court order for judicial foreclosure. There is no power-of-sale or non-judicial-sale mechanism for the assessment lien in this Code section.
- What priority does a Georgia condominium assessment lien have?
- O.C.G.A. § 44-3-109(a) makes the lien prior and superior to all other liens whatsoever, except four categories the statute lists: liens for ad valorem taxes on the unit; the lien of any first-priority mortgage and any mortgage recorded before the declaration; the lessor's lien under O.C.G.A. § 44-3-86; and the lien of any secondary purchase-money mortgage, provided the grantee is not the seller of the unit. The recording of the declaration is record notice of the lien, so no separate claim of lien need be recorded.
- Is there a minimum amount before a Georgia condo association can foreclose?
- Yes. O.C.G.A. § 44-3-109(c) states that no foreclosure action against a lien arising out of that subsection is permitted unless the amount of the lien is at least $2,000.00. The same subsection also provides that the lien lapses four years after the assessment or installment first became due and payable.
- What late charges and interest can a Georgia condominium association add to the lien?
- Only to the extent the condominium instruments provide. O.C.G.A. § 44-3-109(b) allows a late or delinquency charge not in excess of the greater of $10.00 or 10 percent of each assessment or installment not paid when due; interest at a rate not in excess of 10 percent per annum; the costs of collection, including court costs and reasonable attorney's fees actually incurred; and the fair rental value of the unit from the institution of an action until the foreclosure sale or satisfaction of the judgment.
- Can a buyer or lender get a payoff statement from a Georgia condominium association?
- Yes. O.C.G.A. § 44-3-109(d) entitles a unit owner, a mortgagee, a person who has contracted to purchase a unit, or a prospective lender to a statement of the assessments past due and unpaid, with late charges and interest. The request must be in writing and delivered to the registered office of the association. If the association fails to furnish the statement within five business days of the request, the lien is extinguished as to the title or interest the purchaser or lender acquires in that transaction. The condominium instruments may require a fee not exceeding $10.00 for the statement.
- How is § 44-3-109 different from a Florida condominium assessment lien?
- Florida's § 718.116 also creates a statutory lien with a notice-and-foreclosure process, but the statutory dollar figures, notice periods, and procedural steps differ from Georgia's. Under § 44-3-109, Georgia sets a 30-day certified-mail notice, a $2,000.00 foreclosure minimum, a four-year lien lapse, and judicial foreclosure by action and judgment. Compare each state's controlling text rather than assuming the Florida procedure applies in Georgia.
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This is not legal advice. Consult Georgia community-association counsel for your specific situation.