What are the Limitations on HOA Foreclosures in Georgia?

Under the Georgia Property Owners’ Association Act (GPOAA), associations can only foreclose on assessment liens judicially.  That is, an association can ask a court to order a foreclosure but cannot foreclose non-judicially like with a mortgage.  O.C.G.A. §44-3-232(c).  A judicial foreclosure suit can only be pursued if the delinquent amount is at least $2,000.  Id.  An association could bring a small-claims action seeking a judgment for a lesser amount but would not be able to foreclose the lien.  Importantly, foreclosure suits must be filed within four years of delinquency, as association liens expire after four years.  Id.

For Non-GPOAA communities, you may visit the Georgia HOA Laws Guide to find applicable statutes.

 

 

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