Does Georgia Law Require an HOA Board to Seek Member Approval for Rate Increases and Amendments?
The Georgia Property Owners’ Association Act (GPOAA) does not specifically require member approval for rate increases. Any such increases must be made in accordance with the association’s declaration. So, if the declaration requires member approval, then the board must obtain member approval. Special assessments must be “assessed equitably among the benefited lots” if not every lot benefits from the proposed expenditure - or if the expenses necessitating the special assessments were caused by fewer than all lots. O.C.G.A. §44-3-225(a). Special assessments are not permitted for maintenance for which the association bears responsibility. O.C.G.A. §44-3-225(b).
Amendments of an association’s declaration must be made via member vote in accordance with the procedures set forth in the declaration.The voting majority for an amendment must be at least 2/3, but the declaration can raise it to as high as 80%. O.C.G.A. §44-3-226. If the original developer is still holding lots for sale, the developer’s consent is required to amend.Id. Member approval for amendments is not required for the limited purpose of amending the declaration to conform with the GPOAA or other applicable law. O.C.G.A. §44-3-231(c).