General information, not legal advice. Landlord-tenant rules change, and cities and counties can add their own. Check the current statute and local ordinances, and talk to a licensed attorney before you act.
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The short version
- Condominiums follow the Georgia Condominium Act, and homeowners associations that opt in follow the Georgia Property Owners' Association Act; others are governed by their recorded covenants.
- Generally, under both acts, unpaid assessments automatically become a lien on the owner's lot or unit.
Georgia communities choose their governing law: condominiums follow the Georgia Condominium Act, and homeowners associations may submit to the Georgia Property Owners' Association Act. Otherwise the recorded covenants and nonprofit corporation law control.
Georgia hoa laws at a glance
| Rule | Georgia | Law |
|---|---|---|
| Governing law | Condominiums follow the Georgia Condominium Act, and homeowners associations that opt in follow the Georgia Property Owners' Association Act; others are governed by their recorded covenants. | Georgia Condominium Act and Georgia Property Owners' Association Act (Title 44 Chapter 3) |
| Assessments and liens | Generally, under both acts, unpaid assessments automatically become a lien on the owner's lot or unit. | Georgia Condominium Act and Georgia Property Owners' Association Act |
The governing law
Association rules come in layers: state law first, then the declaration, the bylaws and finally board rules. A rule that conflicts with a higher layer usually fails.
Governing law. Condominiums follow the Georgia Condominium Act, and homeowners associations that opt in follow the Georgia Property Owners' Association Act; others are governed by their recorded covenants. (Georgia Condominium Act and Georgia Property Owners' Association Act (Title 44 Chapter 3))
Records
We could not confirm a statewide rule here. Check your county court or a local attorney.
Board meetings
We could not confirm a statewide rule here. Check your county court or a local attorney.
Assessments, liens and collections
Assessments and liens. Generally, under both acts, unpaid assessments automatically become a lien on the owner's lot or unit. (Georgia Condominium Act and Georgia Property Owners' Association Act)
Rental restrictions
We could not confirm a statewide rule here. Check your county court or a local attorney.
Mistakes to avoid
- Holding board decisions without the notice owners are entitled to.
- Not keeping records ready for owner requests.
- Fining owners without the notice and hearing steps in the governing documents.
- Enforcing rental rules that are not in the recorded documents.
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General information, not legal advice.
Verify current law
We last checked these Georgia rules on . Laws change and cities can add their own, so confirm the current text before you rely on it, and talk to a Georgia attorney about your situation.
Laws named on this page
- Georgia Condominium Act and Georgia Property Owners' Association Act (Title 44 Chapter 3)
- Georgia Condominium Act and Georgia Property Owners' Association Act
Official sources
Georgia forms for this topic
Where landlords trip up.
Which law governs HOAs in Georgia?
Condominiums follow the Georgia Condominium Act, and homeowners associations that opt in follow the Georgia Property Owners' Association Act; others are governed by their recorded covenants. Source: Georgia Condominium Act and Georgia Property Owners' Association Act (Title 44 Chapter 3).