HOA LAWS & REGULATIONS

  • Federal Laws - In addition to state law regulations, the federal government has laws that govern the operation and management of common interest communities in Georgia.

  • Georgia Apartment Ownership Act, Ga. L. 1963, p. 561 (Code Ann. Ch. 85-16B). While the Georgia Condominium Act superseded the Act on July 1, 1975, it was not repealed (Ga. Code § 1-1-10 (c) (55)). The Act continues to govern those condominium associations that have not submitted the Georgia Condominium Act. The Act no longer exists in the printed laws of the State of Georgia.

  • Georgia Condominium Act, Ga. Code §§ 44-3-70, et seq. The Act is the primary, but not exclusive, law governing residential condominiums created after October 1, 1975, or condominiums that have opted into the Act by recording a declaration (or amending an existing declaration) in every county where any portion of the condominium is located. See Ga. Code §§ 44-3-72 (Creation of condominium) and 44-3-74 (recording condominium instruments, plats, plans, and encumbrances).

  • Georgia Property Owners Association Act (POAA), Ga. Code §§ 44-3-220, et seq. The Act governs the formation, management, powers, and operation of applicable associations. Importantly, associations in Georgia can be organized under the POAA or based on common law principles, in which case the statute is inapplicable. An association "opts in" to the POAA by recording a declaration (or amending an existing declaration) expressly electing to be governed by the POAA. See Ga. Code §§ 44-3-222 (creation of property owners' development; affirmative election to be governed by the article).

  • Georgia Nonprofit Corporation Code, Ga. Code §§ 14-3-101, et seq. The law governs nonprofit corporations with regard to corporate structure and procedure. Georgia associations must be organized as either nonprofit or for-profit corporations before recording a declaration. Thus, if the association is organized as a nonprofit, it will be governed by the Georgia Nonprofit Corporation Code. For-profit associations are likewise governed by the Georgia Business Corporation Code, Ga. Code §§ 14-2-101, et. seq. Visit the Georgia Corporations Division to find an association's corporate status.

  • Georgia's Fair Housing Law, Ga. Code §§ 8-3-200, et seq., applies the federal Fair Housing Act (FHA) protections at the state level. The law prohibits discrimination against a person based on race, color, religion, sex, handicap, familial status (the presence of children under the age of 18), or national origin. Under the law, an association can incur legal liability for taking an adverse action affecting a person's right to buy, rent, or enjoy the use of real estate based upon that individual's membership in a protected class. See also, Ga. Code §§ 30-4-3 (Right to housing accommodations) and 30-4-1 (definitions).

Victims of housing discrimination can file a complaint with the Fair Housing Division of the Georgia Commission on Equal Opportunity or HUD within one (1) year from the date of the discriminatory Act. Victims may also file a private lawsuit in the federal district court within two (2) years of the discriminatory Act.

Recommended Reading:

  • Georgia's Industrial Loan Act, Ga. Code §§ 7-3-1, et seq. The Act regulates debt collection practices at the state level and only applies to loans of $3,000 or less and is therefore not typically applicable to homeowner associations. The Act contains provisions similar to the federal Fair Debt Collections Practices Act (FDCPA). 

The Act prohibits debt collectors from using abusive, unfair, or deceptive practices when collecting a debt. HOA fees are considered "debts" under the FDCPA, and homeowners are protected "consumers." Victims of unfair debt collection practices can file a complaint with the Georgia Department of Law Consumer Protection Division, the FTC, or the CFPB. Under the FDCPA, victims also have the right to sue a debt collector in state or federal court within one year from the violation date.

  • Condominium and Cooperative Conversion Protection and Abuse Relief Act of 1980, 15 USC. §§ 3601 to 3616. The federal condominium statute applies to apartments that are converted to condominiums. The Act requires that tenants residing in converting structures with five or more units are entitled to adequate notice of the pending conversion and to receive the first opportunity to purchase units in the converted projects and that State and local governments which have not already provided for such notice and opportunity for purchase should move toward that end.

  • Covenants running with the land; effect of zoning laws; covenants and scenic easements for use of the public; renewal of certain covenants; costs, Ga. Code § 44-5-60(d)(4). This statute applies to associations based on common law principles. The law provides, in pertinent part, that "no change in the covenants which imposes a greater restriction on the use or development of the land will be enforced unless agreed to in writing by the owner of the affected property at the time such change is made." Thus, covenants imposing greater restrictions on land use cannot be enforced against a property owner without that owner's consent. 

    Recommended Reading:

    • Charter Club On River Home Owners Association v. Walker, 689 SE 2d 344 - Ga: Court of Appeals 2009 —holding that under Ga. Code § 44-5-60 (d)(4), a property owner who has not consented in writing to an amendment imposing a new, more restrictive covenant on his or her property is not required to follow the amendment, even if the amendment was enacted adequately under the amendment provision of the homeowners association's declaration of protective covenants.

    • Marino v. Clary Lakes Homeowners Ass'n, Inc., 747 SE 2d 31 - Ga: Court of Appeals 2013 —holding that an amendment to an instrument imposing a new restrictive covenant required approval by at least two-thirds of the homeowners, given that the homeowners association elected to be subject to the POAA.

GOVERNMENT AGENCIES

HOA CONTACT INFORMATION AND DOCUMENTS

  • Georgia Homeowners' Association Directory - Homeowners can search under the community's name or subdivision to find an association's contact information, list of board members, and corporation documents, such as the association's articles of incorporation.

  • Association Records - Associations must keep true and correct copies of the association’s articles of incorporation and bylaws and all amendments at the association's principal office. Copies must be furnished to any lot owner on request upon payment of a reasonable charge. See Ga. Code § 44-3-227(c). 

    Moreover, associations must also maintain detailed and accurate:

    • Minutes of all meetings of the members of the association and the board of directors,

    • Financial records, including itemized records of all receipts and expenditures,

    • Any books and records as may be required by law or be necessary to accurately reflect the association's affairs and activities.

    See Ga. Code § 44-3-231(d). At an association's annual member meetings, the board must present for member review "comprehensive reports of the affairs, finances, and budget projections" of the association. See Ga. Code § 44-3-230. See also Code § 14-3-1602 (members' right to copy and inspect records) for associations organized as nonprofit corporations.

  • Georgia Recorded Documents Search - Visit your county recorder's office to find an association's Declaration of Covenants, Conditions, and Restrictions (CC&Rs), Amendments to CC&Rs, Bylaws, Lien Notices, HOA Notices, Plats, Maps, and other community documents. To be enforceable, an association's CC&Rs must be recorded with the county land records.

  • Georgia Property Records - Obtain a property's legal information by searching under the property address or owner's name. This tool can also be used to find the subdivision or community's name in which the property is located.

LEGAL RESOURCES

SOLAR EASEMENTS

  • Georgia Solar Easement Act of 1978, Ga. Code § 44-9-20, et seq: The statute provides that any person may grant a written solar access easement to another to ensure adequate exposure of a solar energy device. The statute also provides guidelines for the composition of the solar access easements. See Code §§ 44-9-22 (establishment of solar easements), and 44-9-23 (contents of solar easements).

DISCOVER MORE

Educational HOA articles. Giving you facts, not opinions.
Homeowners' Association As Vacation Destination: Short-Term Rental Restrictions in HOAs

Even if a community has a valid reason to restrict short-term rentals, it still needs legal and/or contractual authority to support the restriction. Typically, the authority comes from an HOA's declaration, from state law, or a combination of the two. A declaration is a contract among property owners in a community. The owners jointly agree to accept certain obligations and restrictions on how properties in the community can be used. If everyone complies, the community as a whole will benefit—or at least that is the idea.

Enforcing Conformity: Home Improvement Projects And Architectural Review Boards In HOAs

The U.S. legal system generally views any land-use restrictions with suspicion. However, the law also recognizes that reasonable restrictions are sometimes justified if they benefit the community as a whole. With that in mind, courts throughout the country have consistently upheld the right of HOAs to impose architectural restrictions as long as the restriction serves a legitimate purpose, is within the association's power under state law and/or the community's declaration, and does not violate any other law or public policy.

Step-By-Step Guide To The HOA Assessment Collections Process

When you purchase a property in a community with a homeowners’ association, you’re also acquiring the obligation to pay regular assessments. Unfortunately, though, homeowners are sometimes financially unable to pay assessments. Homeowners faced with potential collections action must understand how the HOA collections process works and the legal rights and redress available for both homeowners and the association. This guide will help all community members, including the board, resolve conflict, and avoid escalation.

Preventing the Spread of COVID-19 Within HOA Communities

On March 11, 2020, the World Health Organization declared the outbreak of COVID-19 (the medical condition caused by the novel coronavirus SARS-CoV-2), a global pandemic. HOAs and condominium associations have an essential role to play in slowing the spread of COVID-19. By applying the Center for Disease Control and Prevention (“CDC”) recommendations in the planned community setting, HOA board members, owners, residents, visitors, and employees can help prevent illness in their communities and keep their loved ones, friends, and neighbors healthy and safe.

HOA Powers and Obligations In Emergency Situations

The fundamental purpose of a homeowners’ association is to benefit the community and its members. Usually, that means preserving the aesthetic beauty of the neighborhood by maintaining common areas and ensuring homeowners keep up their properties. Or, it might mean using pooled resources to make life easier for the entire community—through road and sidewalk repairs or snow removal, for instance. Most of the time, the overall goal is to increase property values and raise the living standard in the community. In an emergency, though, an HOA’s role can take on an entirely new dimension.

Weathering The Storm: Coronavirus And Its Financial Impact on Homeowners

One way or another, future historians will consider the Coronavirus Pandemic among the most noteworthy events of the early 21st Century. The full economic impact on homeowners and their families cannot yet be precisely predicted, but it is likely to be immense. Taking the necessary precautions to avoid exposure to the virus and preparing for the financial ramifications will require prudence, careful planning, and maybe even a little creative thinking. Homeowners can't completely avoid the fallout from Coronavirus, but there are a few measures that could hopefully soften the blow.