Georgia HOA laws & resources.
A guide to the statutes, agencies, and resources that govern homeowners and condominium associations in Georgia.
Homeowners' Law GuideLaws & regulations impacting Georgia associations.
- Federal laws — in addition to state regulations, the federal government has laws that govern the operation and management of common-interest communities in Georgia.
- Georgia Apartment Ownership Act, Ga. L. 1963, p. 561 (Code Ann. Ch. 85-16B). While the Georgia Condominium Act superseded the Act on July 1, 1975, it was not repealed (Ga. Code § 1-1-10(c)(55)). The Act continues to govern those condominium associations that have not submitted to the Georgia Condominium Act. It no longer appears in the printed laws of the State of Georgia.
- Georgia Condominium Act, Ga. Code §§ 44-3-70, et seq. The Act is the primary, but not exclusive, law governing residential condominiums created after October 1, 1975, or condominiums that have opted into the Act by recording a declaration (or amending an existing declaration) in every county where any portion of the condominium is located. See Ga. Code §§ 44-3-72 (creation of condominium) and 44-3-74 (recording condominium instruments, plats, plans, and encumbrances).
- Georgia Property Owners' Association Act (POAA), Ga. Code §§ 44-3-220, et seq. The Act governs the formation, management, powers, and operation of applicable associations. Importantly, associations in Georgia can be organized under the POAA or based on common-law principles, in which case the statute is inapplicable. An association "opts in" to the POAA by recording a declaration (or amending an existing declaration) expressly electing to be governed by the POAA. See Ga. Code § 44-3-222 (creation of property owners' development; affirmative election to be governed by the article).
- Georgia Nonprofit Corporation Code, Ga. Code §§ 14-3-101, et seq. The law governs nonprofit corporations with regard to corporate structure and procedure. Georgia associations must be organized as either nonprofit or for-profit corporations before recording a declaration. Thus, if the association is organized as a nonprofit, it will be governed by the Georgia Nonprofit Corporation Code. For-profit associations are likewise governed by the Georgia Business Corporation Code, Ga. Code §§ 14-2-101, et seq. Visit the Georgia Corporations Division to find an association's corporate status.
- Georgia's Fair Housing Law, Ga. Code §§ 8-3-200, et seq., applies the federal Fair Housing Act (FHA) protections at the state level. The law prohibits discrimination against a person based on race, color, religion, sex, handicap, familial status (the presence of children under the age of 18), or national origin. Under the law, an association can incur legal liability for taking an adverse action affecting a person's right to buy, rent, or enjoy the use of real estate based upon that individual's membership in a protected class. See also Ga. Code §§ 30-4-3 (right to housing accommodations) and 30-4-1 (definitions).
Victims of housing discrimination can file a complaint with the Fair Housing Division of the Georgia Commission on Equal Opportunity or HUD within one (1) year from the date of the discriminatory act. Victims may also file a private lawsuit in federal district court within two (2) years of the discriminatory act.
Recommended reading:- Examples of Housing Discrimination
- Joint Statement of HUD and Dept. of Justice — Reasonable Accommodations under the Fair Housing Act (2004)
- Joint Statement of HUD and Dept. of Justice — Reasonable Modifications under the Fair Housing Act (2008)
- Bhogaita v. Altamonte Heights Condominium Ass'n, 765 F.3d 1277 (11th Cir. 2014) — the court held that an association violated the Fair Housing Act when it sought to remove a resident's emotional support dog for exceeding a weight restriction; the 11th Circuit governs Georgia.
- Georgia Installment Loan Act (formerly the Georgia Industrial Loan Act), Ga. Code §§ 7-3-1, et seq. The Act regulates the business of making small installment loans — those of less than $3,000 — and is therefore not typically applicable to homeowners associations. Collection conduct is instead governed at the federal level by the Fair Debt Collection Practices Act (FDCPA).
The FDCPA prohibits debt collectors from using abusive, unfair, or deceptive practices when collecting a debt. HOA fees are considered "debts" under the FDCPA, and homeowners are protected "consumers." Victims of unfair debt-collection practices can file a complaint with the Georgia Department of Law Consumer Protection Division, the FTC, or the CFPB. Under the FDCPA, victims also have the right to sue a debt collector in state or federal court within one year from the date of the violation.
- Condominium and Cooperative Conversion Protection and Abuse Relief Act of 1980, 15 U.S.C. §§ 3601–3616. The federal condominium statute applies to apartments that are converted to condominiums. The Act requires that tenants residing in converting structures with five or more units are entitled to adequate notice of the pending conversion and the first opportunity to purchase units in the converted projects, and that state and local governments which have not already provided for such notice and opportunity for purchase should move toward that end.
- Covenants running with the land, Ga. Code § 44-5-60(d)(4). This statute applies to associations based on common-law principles. The law provides, in pertinent part, that "no change in the covenants which imposes a greater restriction on the use or development of the land will be enforced unless agreed to in writing by the owner of the affected property at the time such change is made." Thus, covenants imposing greater restrictions on land use cannot be enforced against a property owner without that owner's consent.
Recommended reading:
- Charter Club on River Home Owners Ass'n v. Walker, 689 S.E.2d 344 (Ga. Ct. App. 2009) — holding that under Ga. Code § 44-5-60(d)(4), a property owner who has not consented in writing to an amendment imposing a new, more restrictive covenant on his or her property is not required to follow the amendment, even if the amendment was adequately enacted under the amendment provision of the association's declaration of protective covenants.
- Marino v. Clary Lakes Homeowners Ass'n, Inc., 747 S.E.2d 31 (Ga. Ct. App. 2013) — holding that an amendment imposing a new restrictive covenant required approval by at least two-thirds of the homeowners, given that the association elected to be subject to the POAA.
Solar easements.
- Georgia Solar Easement Act of 1978, Ga. Code §§ 44-9-20, et seq. The statute provides that any person may grant a written solar-access easement to another to ensure adequate exposure of a solar energy device. The statute also provides guidelines for the composition of solar-access easements. See Ga. Code §§ 44-9-22 (establishment of solar easements) and 44-9-23 (contents of solar easements).
State government agencies.
- Federal agencies — a list of federal agencies with oversight authority over homeowners' associations.
- The Fair Housing Division of the Georgia Commission on Equal Opportunity can investigate alleged violations of housing discrimination. It may issue a charge if it concludes probable cause exists to believe that unlawful discrimination has occurred.
- The Georgia Real Estate Commission oversees the licensure, education, and discipline of real estate professionals, including community association managers.
- The Office of the Attorney General plays a vital role in protecting the state's citizens.
- The Georgia Secretary of State offers information on elections, businesses, licensing, and securities.
HOA contact information and documents.
The Georgia Homeowners' Association Directory — visit HOPB's HOA Directory and select Georgia to reach the state's official corporate registry (the Secretary of State's business search), where you can search under the community's name or subdivision to find an association's contact information, list of board members, and corporation documents, such as its articles of incorporation.
Association records — associations must keep true and correct copies of the association's articles of incorporation and bylaws and all amendments at the association's principal office. Copies must be furnished to any lot owner on request upon payment of a reasonable charge. See Ga. Code § 44-3-227(c).
Associations must also maintain detailed and accurate:
- minutes of all meetings of the members of the association and the board of directors;
- financial records, including itemized records of all receipts and expenditures; and
- any books and records required by law or necessary to accurately reflect the association's affairs and activities.
See Ga. Code § 44-3-231(d). At an association's annual member meetings, the board must present for member review "comprehensive reports of the affairs, finances, and budget projections" of the association. See Ga. Code § 44-3-230. See also Ga. Code § 14-3-1602 (members' right to copy and inspect records) for associations organized as nonprofit corporations.
Georgia recorded documents search — visit your county recorder's office to find an association's Declaration of Covenants, Conditions, and Restrictions (CC&Rs), amendments to CC&Rs, bylaws, lien notices, HOA notices, plats, maps, and other community documents. To be enforceable, an association's CC&Rs must be recorded with the county land records.
Georgia Property Records — obtain a property's legal information by searching under the property address or owner's name. This tool can also be used to find the subdivision or community name in which a property is located.
Legal resources.
Homeowners' Guide to Georgia HOA Laws — a guide to help community members understand the laws that govern condominium and homeowners' associations in Georgia.
Facts to Know About Georgia Homeowners' Associations — find answers about the authority, power, and limitations of homeowners' associations in Georgia.
Official Code of Georgia Annotated — access the official O.C.G.A. online.
Georgia General Assembly — search your state representative and the legislation (or "statutory law") database.
Judicial Council of Georgia — the website gives the public access to court information, documents, rules, legal opinions, court cases, self-help services, and lawyer referral services.
State Bar of Georgia — the office gives the public access to a lawyer directory, a lawyer referral service, free or low-cost legal services, and information to determine if a lawyer is in good standing, verify their malpractice insurance, or file a complaint.
Georgia Legal Services Program — the agency provides free civil legal services to low-income or senior Georgians outside Atlanta.
Georgia Office of Dispute Resolution — the agency offers dispute-resolution information and referrals to arbitrators and mediators.