Georgia statute reference · O.C.G.A. § 44-3-223
§ 44-3-223 - Compliance, Enforcement, and Fines
Section 44-3-223 sets the compliance duty for owners and occupants and the association's enforcement remedies. It also supplies the POAA's fining and suspension authority, but conditionally: the association can fine and suspend rights only if and to the extent the instrument provides, and a suspension can never deny an owner access to the lot.
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 compliance duty is broad. Section 44-3-223 requires every lot owner and everyone entitled to occupy a lot to comply with all lawful provisions of the instrument, with reasonable rules or regulations adopted under the instrument that have been provided to the lot owners, and with the lawful provisions of the bylaws. The provision that the rule has been provided to owners is part of the text, so adopted-but-undistributed rules sit on weaker footing.
Non-compliance opens a wide remedial door. The statute makes any lack of compliance grounds for an action to recover sums due, for damages or injunctive relief, or for any other remedy available at law or in equity. That action can be brought by the association or, in a proper case, by one or more aggrieved lot owners on their own behalf or as a class action. The statute describes the remedies available; whether any is appropriate in a given dispute is a matter for counsel.
Fining and suspension are conditional powers. The article does not hand every POAA association the power to fine. Section 44-3-223 supplies that power only if and to the extent the instrument provides for it. Where the instrument provides, the association may impose and assess fines and temporarily suspend voting rights and the right to use certain common areas and services paid for as a common expense, to enforce compliance.
One limit is absolute. No suspension under § 44-3-223 may deny a lot owner or occupant access to the lot owned or occupied. The suspension power reaches votes and certain shared amenities, not the owner's ability to reach their own property.
Key requirements
Compliance duty
O.C.G.A. § 44-3-223- Comply with all lawful provisions of the instrument
- Comply with reasonable rules provided to lot owners
- Comply with the lawful provisions of the bylaws
- Applies to owners and all those entitled to occupy a lot
Enforcement remedies
O.C.G.A. § 44-3-223- Action to recover sums due
- Action for damages or injunctive relief
- Any other remedy available at law or in equity
- Brought by the association or by aggrieved owners, including as a class
Fining and suspension authority
O.C.G.A. § 44-3-223- Available only if and to the extent the instrument provides
- Power to impose and assess fines
- Power to suspend voting rights temporarily
- Power to suspend use of certain common areas and services
Hard limit on suspension
O.C.G.A. § 44-3-223- A suspension cannot deny access to the owned or occupied lot
- Limit applies regardless of the instrument
- Reaches votes and shared amenities, not lot access
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. § 44-3-223 - compliance and enforcement
Every lot owner and all those entitled to occupy a lot shall comply with all lawful provisions of the property owners’ association instrument. In addition, any lot owner and all those entitled to occupy a lot shall comply with any reasonable rules or regulations adopted by the association pursuant to the instrument which have been provided to the lot owners and with the lawful provisions of the bylaws of the association. Any lack of such compliance shall be grounds for an action to recover sums due, for damages or injunctive relief, or for any other remedy available at law or in equity, maintainable by the association or, in any proper case, by one or more aggrieved lot owners on their own behalf or as a class action. If and to the extent provided in the instrument, the association shall be empowered to impose and assess fines and suspend temporarily voting rights and the right of use of certain of the common areas and services paid for as a common expense in order to enforce such compliance; provided, however, that no such suspension shall deny any lot owner or occupants access to the lot owned or occupied.
Common questions about § 44-3-223
- What does O.C.G.A. § 44-3-223 require owners to comply with?
- Section 44-3-223 requires every lot owner and all those entitled to occupy a lot to comply with all lawful provisions of the property owners' association instrument. In addition, they must comply with any reasonable rules or regulations adopted by the association pursuant to the instrument that have been provided to the lot owners, and with the lawful provisions of the association's bylaws.
- What can a Georgia POAA HOA do about a covenant violation?
- Section 44-3-223 provides that any lack of compliance is grounds for an action to recover sums due, for damages or injunctive relief, or for any other remedy available at law or in equity. That action may be maintained by the association or, in any proper case, by one or more aggrieved lot owners on their own behalf or as a class action.
- Does the Georgia POAA give an HOA automatic authority to fine?
- No. Section 44-3-223 conditions fining authority on the instrument. It provides that, if and to the extent provided in the instrument, the association is empowered to impose and assess fines and to suspend temporarily voting rights and the right of use of certain common areas and services paid for as a common expense, in order to enforce compliance. An association whose instrument does not grant fining authority does not draw it from the article.
- Can a Georgia POAA HOA suspend an owner's access to their lot for a violation?
- No. Section 44-3-223 expressly provides that no such suspension shall deny any lot owner or occupants access to the lot owned or occupied. The conditional suspension power reaches voting rights and the use of certain common areas and services, not access to the owner's own lot.
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This is not legal advice. Consult Georgia community-association counsel for your specific situation.