Can a Georgia Homeowners Association Suspend Voting Rights and Facility Privileges of Delinquent Owners?

Yes.  Under the Georgia Property Owners’ Association Act (GPOAA), the association is authorized to penalize noncompliant owners by imposing fines, suspending voting rights, and restricting access to common facilities and services – but only to the extent those penalties are authorized by the declaration.  O.C.G.A. §44-3-223.  Importantly, though, an association cannot restrict an owner’s access to his or her own property.  Id.

In voluntary non-GPOAA associations, the HOA can limit access to common facilities for owners who elect not to join the association and pay dues.  However, even owners who opt out must obey all covenants and have a right to enforce covenants. You may visit the Georgia HOA Laws Guide to find applicable statutes.

 

 

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