Who is Legally Obligated to Pay HOA fees to the Association?

Generally, assessments are owed by every lot owner and assessed per lot so that a lot owned by two owners is only assessed once.  Under the Georgia Property Owners’ Association Act (GPOAA), a lot’s current owner is jointly liable for unpaid assessments if the lot’s assessments were delinquent at the time of purchase and not paid at closing.  O.C.G.A. §44-3-225(c).

In associations organized under the GPOAA, the board is not permitted to waive assessments.  O.C.G.A. §44-3-225(b).  However, non-GPOAA associations can be voluntary, allowing members to choose whether or not to join.  In voluntary associations, the board can restrict access to common facilities (e.g., pool, fitness center) of lot owners who elect not to join the association. To access these statutes, please visit the Georgia HOA Laws Guide.