Do Associations have an Obligation to Provide Actual Notice of Past-Due Assessments Before Filing a Lawsuit?

 Georgia Property Owners’ Association Act (GPOAA) associations must provide notice via certified or overnight mail with return receipt requested at least 30 days prior to commencing a foreclosure suit.  O.C.G.A. §44-3-232(c).  The notice must state the amount of assessments and late charges due and the interest rate being charged, if any.  The statutory notice is only required for foreclosure actions, so an association can bring a suit seeking a personal judgment against a delinquent member (but not foreclosure of the lien) without providing the notice required by §44-3-232(c).

DISCOVER MORE