HOAs and Condominiums in Georgia

This is general information, not legal advice. A Georgia real estate attorney can help with your specific situation.

Two Separate Statutes

Georgia regulates planned communities and condominiums under two distinct statutes. The Georgia Property Owners’ Association Act (POAA), O.C.G.A. §§ 44-3-220 through 44-3-235, applies to subdivisions and planned communities where homeowners hold individual lots and share common areas maintained by a homeowners’ association. The Georgia Condominium Act, O.C.G.A. §§ 44-3-70 through 44-3-117, applies to condominium projects where owners hold individual units and an undivided interest in common elements such as hallways, elevators, and amenity spaces.

The POAA Is an Opt-In Statute

A critical distinction in Georgia: the POAA is not mandatory. It applies only to communities whose recorded governing documents — typically the declaration of covenants, conditions, and restrictions (CC&Rs) — expressly adopt it. If a subdivision’s declaration does not reference or incorporate the POAA, the HOA is governed solely by those covenants and Georgia common law, not by the POAA’s statutory framework.

Before purchasing a home in a community with an HOA, buyers should obtain and review the community’s governing documents to understand which legal framework applies and what the association’s rules, fee structure, and enforcement powers look like. These documents are recorded with the Clerk of the Superior Court and should be provided as part of the sales transaction.

Assessment Liens Under the POAA

For communities that have adopted the POAA, the statute grants the association an automatic lien on each lot for unpaid assessments, dues, fines, and charges. No separate court action is needed to create the lien — it arises automatically when an assessment becomes past due.

The POAA authorizes judicial foreclosure of an assessment lien once the total unpaid amount exceeds $2,000 (O.C.G.A. § 44-3-232). The HOA must file a lawsuit in Superior Court to foreclose; non-judicial foreclosure is not permitted for assessment liens under the POAA. This $2,000 threshold will increase to $4,000 effective January 1, 2027 under SB 406.

Assessment liens are subordinate to properly recorded first mortgage liens and property tax liens, which means a first mortgage lender’s interest is not extinguished by an HOA foreclosure in most circumstances.

The Georgia Condominium Act

Unlike the POAA, the Georgia Condominium Act applies automatically to all condominium projects created in Georgia — it is not an opt-in statute. The Act covers the creation and governance of condominium communities, the rights and obligations of unit owners, and the powers of the condominium association.

Under O.C.G.A. § 44-3-109, a condominium association has a lien on each unit for unpaid assessments. This lien is similar in concept to the POAA lien: it arises automatically and can be foreclosed judicially. Condominium associations also have detailed rights regarding common element maintenance and the enforcement of community rules set out in the condominium declaration and bylaws.

Owner Rights and Dispute Resolution

Both the POAA and the Condominium Act give property owners certain rights against their associations. Owners generally have the right to inspect association financial records and meeting minutes, attend and vote at membership meetings, and challenge assessments or rule enforcement that is inconsistent with the governing documents.

Disputes between homeowners and HOAs or condominium associations are common. They may involve whether an assessment was properly levied, whether a proposed architectural change was wrongly denied, or whether a fine is enforceable. Many disputes can be resolved through the association’s internal appeal process. When that fails, the options include mediation, filing suit in Superior Court, or — for smaller financial disputes — Magistrate Court.

If you are buying into a community with an HOA or condominium association, or if you are dealing with an assessment dispute or lien, a Georgia real estate attorney can review the governing documents and advise you on your rights and options.