Georgia statute reference · O.C.G.A. §§ 44-3-220 to 44-3-235
Georgia Property Owners' Association Act
The Georgia POAA is the statutory framework for subdivision HOAs, but it is opt-in. O.C.G.A. § 44-3-222 requires a declaration to state an affirmative election before the article applies. The sections below link to verbatim statute text with plain-English orientation. The first question for any Georgia HOA is whether its recorded declaration made that election.
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.
O.C.G.A. § 44-3-220§ 44-3-220 - Short title
Names the article: it shall be known and may be cited as the Georgia Property Owners' Association Act. The short title marks the boundary of the opt-in framework that the rest of the article supplies.
- Citable as the Georgia Property Owners' Association Act
- Defines the article that developments opt into
O.C.G.A. § 44-3-221§ 44-3-221 - Definitions
Defines the terms the rest of the article runs on, including declaration, declarant, lot, lot owner, common area, common expenses, instrument, association, and development. It also defines court as the superior court of the county and foreclosure to include judicial foreclosure and the exercise of a power of sale.
- Declaration, instrument, and development defined
- Lot, lot owner, and common area defined
- Court means the county superior court
- Condominium units can be treated as lots
O.C.G.A. § 44-3-222§ 44-3-222 - Creation of a property owners' development; affirmative election
The opt-in provision. A development comes into existence on recordation of a declaration under the article, or on amendment of an existing declaration under § 44-3-235. Any declaration or amendment intending to claim the article's benefits must state an affirmative election to be governed by it. This is the central question for any Georgia HOA.
- Affirmative election required in the declaration
- Created by recordation or by conforming amendment
- No election means the POAA does not apply
- Original declaration executed by all owners
O.C.G.A. § 44-3-223§ 44-3-223 - Compliance; enforcement; fines and suspensions
Requires every lot owner and occupant to comply with the instrument, reasonable rules, and the bylaws. Non-compliance is grounds for an action for sums due, damages, injunctive relief, or any other remedy at law or in equity. If and to the extent the instrument provides, the association may impose fines and temporarily suspend voting rights and certain common-area use rights.
- Owners must comply with the instrument and rules
- Action for damages, injunctive, or other relief
- Fining authority only if the instrument provides it
- Suspension cannot deny access to the owned lot
O.C.G.A. § 44-3-224§ 44-3-224 - Allocation and assessment of common expenses
Addresses how common expenses are allocated among lots and assessed by the association, including the budgeting framework that supports the lien for assessments. Read together with § 44-3-225 on special and disproportionate assessments.
- Allocation of common expenses among lots
- Assessment framework for the association
O.C.G.A. § 44-3-225§ 44-3-225 - Special assessments; liability; conveyance and lender protections
Governs special and disproportionate assessments where the instrument expressly provides, bars an owner from escaping assessment liability through nonuse or abandonment, makes a grantee jointly and severally liable for the grantor's unpaid assessments unless a statement is requested under § 44-3-232(d), and protects first-mortgage and certain purchase-money-mortgage foreclosure purchasers from pre-acquisition assessment liability.
- Special assessments only if the instrument provides
- No exemption by nonuse, abandonment, or waiver
- Grantee jointly liable absent a § 44-3-232(d) statement
- Foreclosure-purchaser protection from prior assessments
O.C.G.A. § 44-3-226§ 44-3-226 - Membership and voting rights
Addresses membership in the association and the allocation and exercise of voting rights among lot owners. Read together with the powers and meeting provisions in § 44-3-231.
- Association membership tied to lot ownership
- Allocation of voting rights
O.C.G.A. § 44-3-231§ 44-3-231 - Powers of the association; records
Sets out the association's powers, exercisable except as the instrument prohibits: employing agents, improving the common area, architectural-control approval, granting and accepting easements and leases, acquiring property, borrowing, and amending instruments to conform to mandatory law. It requires the association to keep detailed minutes and accurate financial records, and gives the association standing to sue and be sued.
- Powers exercisable unless the instrument prohibits
- Architectural-control approval authority
- Duty to keep minutes and accurate financial records
- Association standing to sue and be sued
O.C.G.A. § 44-3-232§ 44-3-232 - Lien for assessments; judicial foreclosure
Creates the association's lien for lawfully assessed sums, prior and superior to other liens except ad valorem taxes, a first-priority or pre-declaration mortgage, and certain purchase-money mortgages. After at least 30 days' certified-mail or statutory-overnight notice, the lien may be foreclosed by an action, judgment, and court order in the same manner as other liens for the improvement of real property. No foreclosure action is permitted unless the lien is at least $2,000.
- Lien prior and superior to most other liens
- Judicial foreclosure after 30 days' written notice
- No foreclosure unless the lien is at least $2,000
- Four-year lien lapse and a payoff-statement duty
O.C.G.A. § 44-3-233§ 44-3-233 - Compliance with bylaws and rules; books and records access
Addresses additional compliance, record-keeping, and member access provisions for POAA developments. Read together with the records duties in § 44-3-231(d).
- Additional compliance and record provisions
- Member access considerations
O.C.G.A. § 44-3-235§ 44-3-235 - Application of the article; amendment to opt in
Defines what the article applies to: property submitted to it, and any mandatory-membership association whose declaration is amended under § 44-3-222 to submit to and conform with the article. It does not apply to Georgia Condominium Act associations except where a development includes a condominium, and it does not affect the validity of instruments recorded before or after July 1, 1994.
- Applies to property submitted to the article
- Conforming amendment under § 44-3-222 to opt in
- Does not apply to Condominium Act associations
- July 1, 1994 validity savings clause
POAA FAQ
- What is the Georgia Property Owners' Association Act?
- The Georgia Property Owners' Association Act (O.C.G.A. §§ 44-3-220 to 44-3-235) is Georgia's statutory framework for homeowners associations governing subdivision lots. O.C.G.A. § 44-3-220 names the article, and § 44-3-221 defines its terms. The article supplies standardized authority for assessments, a statutory lien, fining and enforcement, and association powers, but only to developments whose declaration has affirmatively elected to be governed by it under § 44-3-222.
- Is the Georgia POAA automatic or opt-in?
- Opt-in. O.C.G.A. § 44-3-222 provides that a property owners' development comes into existence on recordation of a declaration under the article or on amendment of a recorded declaration in accordance with § 44-3-235, and that any declaration or amendment intending to bring the development within the article's benefits must state an affirmative election to be so governed. A development whose declaration contains no such election is not subject to the article.
- How does a Georgia HOA foreclose an assessment lien under the POAA?
- Judicially. O.C.G.A. § 44-3-232(c) provides that, not less than 30 days after notice is sent by certified mail or statutory overnight delivery with return receipt requested, the lien may be foreclosed by an action, judgment, and court order for foreclosure in the same manner as other liens for the improvement of real property. The same subsection states that no foreclosure action is permitted unless the amount of the lien is at least $2,000.
- Does the Georgia POAA cap assessment-statement or estoppel fees?
- There is no broad statutory estoppel-fee cap in the POAA. O.C.G.A. § 44-3-232(d) provides that the association must furnish a statement of past-due and unpaid assessments on written request within five business days, and that payment of a fee not exceeding $10.00 may be required as a prerequisite to issuing that statement if the instrument so provides. The article does not set a Florida-style scheduled cap on disclosure fees beyond that provision.
- Does the Georgia POAA require a reserve study or milestone inspection?
- No. The Georgia POAA contains no reserve-study or structural-milestone-inspection mandate equivalent to Florida's structural integrity reserve study or milestone inspection requirements. O.C.G.A. § 44-3-221(3) recognizes reserves created and maintained under the instrument as part of common expenses, and § 44-3-231(d) requires the association to keep accurate financial records, but the article prescribes no reserve-funding or inspection schedule.
Search synced statutes on Common Elements
Search Georgia community-association statutes on Common Elements - plain-English summaries, keyword search, and (where available) the same deep section library as Florida. Free account for bookmarks, uploads, and side-by-side compare.
This is not legal advice. Consult Georgia community-association counsel for your specific situation.