Georgia HOA Laws and Regulations

Homeowners’ Associations in Georgia must follow all regulations according to the Property Owners Association Act (POAA). This act applies to community associations that manage 20 units or more. To form a community association, the Bylaws and Articles of Incorporation must be recorded and filed with the local government.

Homeowners Association’s Rights and Responsibilities

The primary purpose of an HOA is to provide maintenance and community upkeep for all common elements. The association has the right to impose fees on homeowners to cover the cost of maintaining the community. It is unlawful for the board to asses different fee amounts for common expenses that are shared equally by the entire community. Additional Special Assessments may be required to cover the cost of more specialized maintenance projects that only apply to certain homeowners. These special assessments may be for any amount and can be disproportionately applied as deemed reasonable by the board of directors.

The board of directors may make changes to the community bylaws and declaration without consent of unit owners. They may act independently on behalf of the community.

It is the responsibility of the board of directors to keep detailed financial records and make them available to all association members. Financial documents must be filed annually.

Association member meetings must be held at least annually, if not more frequently as required by the community declaration. Notice of regular association meetings must be given to all community members at least 21 days before the meeting and at least seven days before special meetings. A quorum is made when at least 1/3 of voting parties are present unless otherwise stated by community regulations.

In the event of account delinquency, the association may impose liens and fees on a property. Late fees cannot be greater than $10 or 10% of the assessment, whichever is greater. If any overdue fees remain on a property after a sale, the fees then become the responsibility of the new owner.

Homeowner Rights

Homeowners have the right to vote for the board of directors during the annual members’ meeting. If a property has more than one owner, the vote cannot be divided up. All owners of a single property must be unanimous in their decision and vote as one entity.

Special assessments may be disputed by property owners if they can prove that the fees are being put towards community improvements that do not affect them. For example, if there is damage to a parking structure that is only used by a fraction of the community, the special assessment to pay for those repairs can only be imposed on homeowners that use the parking structure. If a property owner does not use the common element in need of repair, they may dispute the special assessment. This does not apply to common elements that are not used by the homeowner by choices such as a community pool or clubhouse.

It is the right of all association members to view the meeting minutes of the board of directors and all HOA financial documents.

Georgia Property Owners Association Act (POAA)