Georgia statute reference · O.C.G.A. § 44-3-225
§ 44-3-225 - Special Assessments and Liability
Section 44-3-225 governs how the POAA allocates special and disproportionate assessments, who remains liable for them, and how that liability follows the lot on a sale or a mortgage foreclosure. Two rules do a lot of work in practice: an owner cannot escape assessment liability by not using the common area, and a buyer who obtains a statement under § 44-3-232(d) is shielded from amounts beyond what the statement shows.
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
Special assessments are instrument-gated. Section 44-3-225(a) authorizes equitable special assessment of common expenses benefiting fewer than all lots, expenses occasioned by the conduct of particular occupants or their licensees and invitees, and expenses that significantly disproportionately benefit all lots - but each only to the extent the instrument expressly so provides. The board determines the equitable allocation within those categories. Section 44-3-225(a)(4) carves out periodic maintenance, repair, and replacement the association is obligated to perform, which cannot be specially or disproportionately allocated except for designated limited common areas assigned to fewer than all lots.
Liability cannot be waived by nonuse. Section 44-3-225(b) provides that no lot owner other than the association is exempt from assessment liability for any reason, including abandonment, nonuse, or waiver of use or enjoyment. The single narrow exception is a lot that, on the owner's request, is expressly made exempt and denied voting rights under the instrument until a certificate of occupancy issues for a dwelling on the lot.
Liability follows the lot on a sale, with a statement-based cap. Section 44-3-225(c) makes a grantee jointly and severally liable with the grantor for unpaid assessments up to the conveyance, unless the instrument provides otherwise. But if the grantor or grantee requests a statement under § 44-3-232(d), the grantee and its successors are not liable, and the lot is not subject to a lien, for amounts in excess of the statement. This is why the assessment statement under § 44-3-232(d) matters at closing.
Foreclosing mortgage holders are protected for the pre- acquisition period. Section 44-3-225(d) shields the holder of a first-priority or qualifying purchase money mortgage, and anyone acquiring title through its foreclosure, from assessments chargeable before they took title. The unpaid share is then spread as a common expense across all lot owners.
Key requirements
Special and disproportionate assessments
O.C.G.A. § 44-3-225(a)- Only to the extent the instrument expressly provides
- Equitable allocation determined by the board
- Covers expenses benefiting or caused by fewer than all lots
- Obligated periodic maintenance cannot be disproportionately allocated
No exemption by nonuse
O.C.G.A. § 44-3-225(b)- No owner exempt from assessments for any reason
- Includes abandonment, nonuse, or waiver of enjoyment
- Narrow exception for an undeveloped lot until a certificate of occupancy issues
- That exemption also removes the lot's voting rights
Grantee liability on a sale
O.C.G.A. § 44-3-225(c)- Grantee jointly and severally liable for grantor's unpaid assessments
- Unless the instrument provides otherwise
- Grantee may recover paid amounts from the grantor
- A § 44-3-232(d) statement caps liability at the stated amount
Foreclosure-purchaser protection
O.C.G.A. § 44-3-225(d)- First-priority or qualifying purchase money mortgage holders protected
- Also protects a purchaser at foreclosure of such a mortgage
- No liability for assessments before acquiring title
- Unpaid share spread as a common expense across all lots
Key statutory text
Selected subsections, reproduced verbatim from the Official Code of Georgia Annotated. Confirm the current text at the Georgia General Assembly O.C.G.A. portal.
§ 44-3-225(b) - no exemption by nonuse
No lot owner other than the association shall be exempted from any liability for any assessment under this Code section or under any instrument for any reason whatsoever, including, without limitation, abandonment, nonuse, or waiver of the use or enjoyment of his or her lot or any part of the common area except to the extent that any lot, upon request by the owner of the lot, expressly may be made exempt from assessments and thus denied voting rights of the lot under the instrument until a certificate of occupancy is issued by the governing authority for a dwelling on such lot.
§ 44-3-225(c) - grantee liability and the statement cap
Unless otherwise provided in the instrument and except as provided in subsection (d) of this Code section, the grantee in a conveyance of a lot shall be jointly and severally liable with the grantor thereof for all unpaid assessments against the latter up to the time of the conveyance without prejudice to the grantee’s right to recover from the grantor the amounts paid by the grantee; provided, however, that if the grantor or grantee shall request a statement from the association as provided in subsection (d) of Code Section 44-3-232, such grantee and his or her successors, successors-in-title, and assigns shall not be liable for nor shall the property owners’ association lot conveyed be subject to a lien for any unpaid assessments against such grantor in excess of any amount set forth in the statement.
Common questions about § 44-3-225
- When can a Georgia POAA HOA levy a special or disproportionate assessment?
- Only to the extent the instrument expressly so provides. O.C.G.A. § 44-3-225(a) allows special assessment of common expenses that benefit fewer than all lots, that are occasioned by the conduct of fewer than all occupants or their licensees or invitees, or that significantly disproportionately benefit all lots, each as determined by the board - but each category applies only where the instrument expressly provides for it. Section 44-3-225(a)(4) bars special or disproportionate allocation of periodic maintenance, repair, and replacement the association is obligated to perform, other than for designated limited common areas assigned to fewer than all lots.
- Can a Georgia owner avoid assessments by not using the common area?
- No. O.C.G.A. § 44-3-225(b) provides that no lot owner other than the association is exempted from any assessment liability for any reason whatsoever, including abandonment, nonuse, or waiver of the use or enjoyment of the lot or any part of the common area. The subsection allows a narrow exception only where, on the owner's request, a lot is expressly made exempt and denied voting rights under the instrument until a certificate of occupancy is issued for a dwelling on the lot.
- Is a buyer liable for the prior owner's unpaid Georgia POAA assessments?
- Under O.C.G.A. § 44-3-225(c), unless the instrument provides otherwise and except as provided in subsection (d), the grantee in a conveyance is jointly and severally liable with the grantor for all unpaid assessments up to the time of conveyance, without prejudice to the grantee's right to recover from the grantor. But if the grantor or grantee requests a statement under § 44-3-232(d), the grantee and its successors are not liable, and the lot is not subject to a lien, for unpaid assessments in excess of any amount set forth in that statement.
- Is a foreclosing first mortgagee liable for back assessments in Georgia?
- O.C.G.A. § 44-3-225(d) provides that the holder of a first-priority mortgage or qualifying secondary purchase money mortgage of record, or a person who acquires title through foreclosure of such a mortgage, and their successors, are not liable for, and the lot is not subject to a lien for, assessments chargeable to the lot for any period before acquisition of title. The unpaid share is instead deemed a common expense collectable from all lot owners, including that holder or person.
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