Georgia statute reference · O.C.G.A. § 44-3-220
§ 44-3-220 - Short Title
Section 44-3-220 names the article. It is the Georgia Property Owners' Association Act, the opt-in statutory framework that supplies assessments, a lien, fining and enforcement authority, and association powers to the developments that elect into it under § 44-3-222.
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 short title marks the boundary of one statutory regime. Section 44-3-220 establishes that the article - O.C.G.A. Article 6 of Title 44, Chapter 3, running from § 44-3-220 through § 44-3-235 - is the Georgia Property Owners' Association Act. Everything the article supplies, from definitions to the assessment lien, lives within that named framework.
Naming the article is not the same as applying it. The next section, § 44-3-222, makes the article opt-in: a development is governed by it only if its recorded declaration, or a conforming amendment under § 44-3-235, states an affirmative election. So the short title tells you what the framework is called; § 44-3-222 tells you whether a given community is inside it.
The POAA sits alongside, but separate from, the Georgia Condominium Act. Section 44-3-235(b) provides that the POAA does not apply to associations created under the Condominium Act, except where a POAA development includes a condominium together with other real property. The two articles address different forms of community ownership within the same chapter of the Code.
Key statutory text
Reproduced verbatim from the Official Code of Georgia Annotated. Confirm the current text at the Georgia General Assembly O.C.G.A. portal.
O.C.G.A. § 44-3-220 - short title
This article shall be known and may be cited as the “Georgia Property Owners’ Association Act.”
Common questions about § 44-3-220
- What is the short title of O.C.G.A. Article 6, §§ 44-3-220 to 44-3-235?
- O.C.G.A. § 44-3-220 provides that the article shall be known and may be cited as the “Georgia Property Owners' Association Act.” That is the article's official short title.
- What does the Georgia Property Owners' Association Act govern?
- The article supplies a statutory framework for homeowners associations administering subdivision lots under a recorded declaration with mandatory membership. It covers definitions (§ 44-3-221), the opt-in election (§ 44-3-222), compliance and enforcement (§ 44-3-223), assessments (§§ 44-3-224 and 44-3-225), association powers and records (§ 44-3-231), and the assessment lien with judicial foreclosure (§ 44-3-232).
- Does the Georgia Property Owners' Association Act apply automatically?
- No. While § 44-3-220 names the article, § 44-3-222 makes the article opt-in: a development is governed by it only if the recorded declaration, or a conforming amendment under § 44-3-235, states an affirmative election to be governed by the article.
- How does the POAA relate to the Georgia Condominium Act?
- They are separate articles of Title 44, Chapter 3. The POAA (Article 6) governs property owners' developments that elect into it, while the Georgia Condominium Act (Article 3, O.C.G.A. § 44-3-70 et seq.) governs condominiums. Under § 44-3-235(b), the POAA does not apply to associations created under the Condominium Act, except where a development under the POAA includes a condominium together with other real property as provided in § 44-3-221(9).
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This is not legal advice. Consult Georgia community-association counsel for your specific situation.