Does the Georgia POAA apply to every HOA in Georgia?

No. The Georgia Property Owners' Association Act (O.C.G.A. §§ 44-3-220 to 44-3-235) is opt-in. Under O.C.G.A. § 44-3-222, a property owners' development comes into existence on recordation of a declaration under the article, or on amendment of a recorded declaration in accordance with § 44-3-235, and any declaration or amendment intending to claim the article's benefits must state an affirmative election to be governed by it. A development whose declaration contains no such election is not subject to the article and relies on its recorded covenants and Georgia common law. The first question for any Georgia HOA is whether its recorded declaration made that election.

What is the difference between a POAA development and a non-POAA HOA in Georgia?

POAA developments have statutory authority that non-POAA HOAs lack. Under O.C.G.A. § 44-3-232 the association has a lien for lawfully assessed sums, prior and superior to most other liens. Under § 44-3-223 a POAA development may impose fines and suspend certain rights if and to the extent the instrument provides, and may bring an action for sums due, damages, injunctive relief, or other relief for non-compliance. Under § 44-3-231 the article sets out the association's powers and record-keeping duties. A development that never elected POAA coverage is limited to the remedies and procedures in its recorded covenants and Georgia common law.

How does a Georgia association foreclose an assessment lien, judicially or by power of sale?

Judicially, under both statutes. For condominiums, O.C.G.A. § 44-3-109(c) provides that, not less than 30 days after notice is sent by certified mail or statutory overnight delivery, the lien may be foreclosed by an action, judgment, and foreclosure in the same manner as other liens for the improvement of real property, and that no foreclosure action is permitted unless the lien is at least $2,000.00. For POAA developments, O.C.G.A. § 44-3-232(c) requires the lien to be foreclosed by an action, judgment, and court order for foreclosure after the same 30-day notice, with the same $2,000.00 minimum. Both subsections refer to a court order for judicial foreclosure. Neither section provides a power-of-sale shortcut for the assessment lien.

How is the Georgia Condominium Act different from Florida's Chapter 718?

The Georgia Condominium Act (O.C.G.A. §§ 44-3-70 to 44-3-117) is structurally similar to Florida's Chapter 718 but less prescriptive. Florida specifies meeting notice periods, election procedures, reserve study requirements, fining caps, and many other details at the statutory level. Georgia leaves more of these details to the declaration and bylaws. The Georgia Condominium Act contains no reserve-study mandate or structural-milestone-inspection schedule comparable to Florida's structural integrity reserve study and milestone inspection requirements, and Georgia has no Florida-style scheduled estoppel fee cap. Boards moving between Florida and Georgia condominiums should not assume Florida procedural norms apply.

Does Georgia cap assessment-statement or estoppel fees?

There is no Florida-style scheduled estoppel fee cap in Georgia law. Both statutes require the association to furnish a statement of past-due and unpaid assessments on written request within five business days, and both allow a fee not exceeding $10.00 as a prerequisite to issuing that statement if the instrument so provides, under O.C.G.A. § 44-3-109(d) for condominiums and § 44-3-232(d) for POAA developments. Failure to furnish the statement within the five-business-day period extinguishes the lien as to the requesting purchaser or lender. Neither statute sets a Florida-style fee schedule beyond that $10.00 statement-fee provision.

Georgia community association law

Georgia Community Association Statutes

Georgia community-association law lives in two parts of Title 44: the Georgia Condominium Act (O.C.G.A. §§ 44-3-70 to 44-3-117) for condominiums, and the Property Owners' Association Act (O.C.G.A. §§ 44-3-220 to 44-3-235) for HOAs. The POAA is opt-in, so the first question for any Georgia HOA is whether its recorded declaration elected coverage. Section pages link to verbatim statute text with plain-English orientation.

Statute text reproduced from the Official Code of Georgia Annotated (O.C.G.A.); editorial summaries by the Common Elements editorial team. Not legal advice; not a substitute for Georgia counsel.

The opt-in question: The POAA applies to an HOA only if its recorded declaration states an affirmative election under O.C.G.A. § 44-3-222. If yes, the development has statutory authority for assessments, liens, fines, and enforcement. If no, it operates on its covenants and Georgia common law. Read the recorded declaration before designing any enforcement procedure.

Georgia community association chapters

Two parts of Title 44 govern the two main association types. Select the chapter that applies to your community.

Georgia Condominium Act

High priority

O.C.G.A. §§ 44-3-70 to 44-3-117

Applies to any condominium created by recording compliant condominium instruments. It covers definitions, organization and membership, declarant control and transition, assessment liens and judicial foreclosure, resale disclosure, and amendments. Compared to Florida's Chapter 718, more operational detail lives in the recorded declaration and bylaws than in the statute itself.

Definitions (§ 44-3-71)
Organization and membership (§ 44-3-100)
Assessment lien and judicial foreclosure (§ 44-3-109)
Resale disclosure and the seven-day right (§ 44-3-111)

Browse the Condominium Act

Property Owners' Association Act (POAA)

High priority

O.C.G.A. §§ 44-3-220 to 44-3-235

Georgia's HOA framework is opt-in. The POAA applies only to developments whose recorded declaration states an affirmative election to be governed by the article (§ 44-3-222). POAA developments get statutory assessment-lien rights, fining and enforcement authority where the instrument provides it, and codified association powers. Developments without that election rely on their covenants and Georgia common law.

Affirmative opt-in election (§ 44-3-222)
Compliance, fines, and enforcement (§ 44-3-223)
Powers of the association and records (§ 44-3-231)
Assessment lien and judicial foreclosure (§ 44-3-232)

Browse the POAA

How Georgia differs from Florida

Georgia's HOA framework is opt-in: the POAA governs an HOA only where the recorded declaration elects coverage under O.C.G.A. § 44-3-222, whereas Florida's Chapter 720 applies to HOAs by default. Both Georgia statutes require judicial foreclosure of an assessment lien, meaning an action, judgment, and court order under § 44-3-109(c) for condominiums and § 44-3-232(c) for POAA developments, each with a $2,000.00 minimum lien, rather than a power-of-sale process. Georgia has no scheduled estoppel fee cap, no structural integrity reserve study mandate, and no milestone inspection schedule comparable to Florida's post-Surfside regime. The practical result is a framework that leans more on the recorded declaration and on court-supervised collection than Florida's statute-heavy model.

Community association manager licensing

Georgia regulates community association managers through the Georgia Real Estate Commission (GREC) under a community association manager license category. Individuals managing covered associations for compensation must hold the license. The regime is less prescriptive than Florida's LCAM framework but is enforced, particularly in metro Atlanta.

Georgia Real Estate Commission

Statute references in other states

Florida is the deepest reference. More states follow as the multi-state expansion continues.

Florida community association statutes

Chapter 718 (Condominiums), 720 (HOAs), and 719 (Cooperatives).

Texas community association statutes

Chapter 209 POA Act, Chapter 82 Uniform Condominium Act, owner protections.

Georgia statute FAQ

Does the Georgia POAA apply to every HOA in Georgia?: No. The Georgia Property Owners' Association Act (O.C.G.A. §§ 44-3-220 to 44-3-235) is opt-in. Under O.C.G.A. § 44-3-222, a property owners' development comes into existence on recordation of a declaration under the article, or on amendment of a recorded declaration in accordance with § 44-3-235, and any declaration or amendment intending to claim the article's benefits must state an affirmative election to be governed by it. A development whose declaration contains no such election is not subject to the article and relies on its recorded covenants and Georgia common law. The first question for any Georgia HOA is whether its recorded declaration made that election.
What is the difference between a POAA development and a non-POAA HOA in Georgia?: POAA developments have statutory authority that non-POAA HOAs lack. Under O.C.G.A. § 44-3-232 the association has a lien for lawfully assessed sums, prior and superior to most other liens. Under § 44-3-223 a POAA development may impose fines and suspend certain rights if and to the extent the instrument provides, and may bring an action for sums due, damages, injunctive relief, or other relief for non-compliance. Under § 44-3-231 the article sets out the association's powers and record-keeping duties. A development that never elected POAA coverage is limited to the remedies and procedures in its recorded covenants and Georgia common law.
How does a Georgia association foreclose an assessment lien, judicially or by power of sale?: Judicially, under both statutes. For condominiums, O.C.G.A. § 44-3-109(c) provides that, not less than 30 days after notice is sent by certified mail or statutory overnight delivery, the lien may be foreclosed by an action, judgment, and foreclosure in the same manner as other liens for the improvement of real property, and that no foreclosure action is permitted unless the lien is at least $2,000.00. For POAA developments, O.C.G.A. § 44-3-232(c) requires the lien to be foreclosed by an action, judgment, and court order for foreclosure after the same 30-day notice, with the same $2,000.00 minimum. Both subsections refer to a court order for judicial foreclosure. Neither section provides a power-of-sale shortcut for the assessment lien.
How is the Georgia Condominium Act different from Florida's Chapter 718?: The Georgia Condominium Act (O.C.G.A. §§ 44-3-70 to 44-3-117) is structurally similar to Florida's Chapter 718 but less prescriptive. Florida specifies meeting notice periods, election procedures, reserve study requirements, fining caps, and many other details at the statutory level. Georgia leaves more of these details to the declaration and bylaws. The Georgia Condominium Act contains no reserve-study mandate or structural-milestone-inspection schedule comparable to Florida's structural integrity reserve study and milestone inspection requirements, and Georgia has no Florida-style scheduled estoppel fee cap. Boards moving between Florida and Georgia condominiums should not assume Florida procedural norms apply.
Does Georgia cap assessment-statement or estoppel fees?: There is no Florida-style scheduled estoppel fee cap in Georgia law. Both statutes require the association to furnish a statement of past-due and unpaid assessments on written request within five business days, and both allow a fee not exceeding $10.00 as a prerequisite to issuing that statement if the instrument so provides, under O.C.G.A. § 44-3-109(d) for condominiums and § 44-3-232(d) for POAA developments. Failure to furnish the statement within the five-business-day period extinguishes the lien as to the requesting purchaser or lender. Neither statute sets a Florida-style fee schedule beyond that $10.00 statement-fee provision.
Are community association managers licensed in Georgia?: Yes. Georgia regulates community association managers through the Georgia Real Estate Commission (GREC) under a community association manager license category. Individuals managing covered associations for compensation must hold the license. The regime is less prescriptive than Florida's LCAM framework but is enforced, particularly in metro Atlanta. Management companies operating in Georgia should verify their staff hold a current license through the Georgia Real Estate Commission.

Search the statutes on Common Elements

Search Georgia community-association statutes on Common Elements: plain-English summaries, keyword search, and, where available, the same deep section library as Florida. A free account adds bookmarks, uploads, and side-by-side compare.

Open Georgia statute reference

This is not legal advice. Consult Georgia community-association counsel for your specific situation.