Can a Georgia Association Record a Lien for Unpaid Assessments and Fines?

Yes.  In fact, associations organized under the Georgia Property Owners’ Association Act (GPOAA) don’t even have to record notice of the lien with the county land records.  It attaches automatically, and the recorded declaration is presumed to provide notice of potential liens. 44-3-232(a) see also O.C.G.A. §§44-3-109(a) for condominium associations.  GPOAA associations can still record the lien to avoid confusion and often do.  Non-GPOAA associations must record notice of the lien with the land records.

A lien can include assessments, late charges, interest, reasonable collection costs, fines, and, if foreclosure has been initiated, “fair rental value of the lot from the time of the institution of an action until the sale of the lot at foreclosure or until judgment rendered in the action is otherwise satisfied.”  44-3-232(b) and O.C.G.A. §§44-3-109(b) for condominium associations.  However, any charges included in the lien must be authorized by the declaration.