Georgia Homeowners’ Guide to HOA Laws

In addition to laws specifically applicable to condominiums and HOA’s, Georgia associations are impacted by several federal laws and other generally applicable state statutes - depending, in part, on how the association is structured. 

The sole purpose of this guide is to help the public locate the laws that govern associations and its members in the state of Georgia, and not intended to replace or provide legal advice.

The federal and Georgia statutes likely to affect Georgia HOAs, condo associations, cooperatives, and non-profits include:

1. Georgia Property Owner’s Association Act

2. Georgia Condominium Association Act

3. Georgia Nonprofit Corporation Code

4. Cooperatives

5. Fair Housing Act

6. Fair Debt Collection Practices Act (FDCPA)

7. American With Disabilities Act

8. Other Federal Laws

Property Owners’ Association Act

The Georgia Property Owners’ Association Act (GPOAA), O.C.G.A. §44-3-220, et. seq., governs formation, management, powers, and operation of applicable associations, is Georgia’s law specifically applying to homeowners associations. 

Importantly, associations in Georgia can be organized under the GPOAA or based on common law principles, in which case the statute is inapplicable.  Statutory associations are commonly referred to in Georgia as “POA’s,” and common law associations as “HOA’s,” though GPOAA associations are also sometimes called HOAs. 

An association “opts in” to the GPOAA by recording a declaration (or amending an existing declaration) to expressly elect to be governed by the GPOAA.  O.C.G.A. §44-3-222. 

While not as detailed as many state HOA statutes, the GPOAA provides more legal structure than common-law associations with regard to association powers and also streamlines the lien-filing process. 

A non-GPOAA association’s declaration expires by law twenty years after recording unless affirmatively renewed, while a statutory association continues automatically unless dissolved.  O.C.G.A. §44-5-60.

The Georgia Property Owners’ Association Act (Title 44, Chapter 3, Article 6) is broken down into 17 code sections (220 to 235). The table below includes the code sections and titles as listed in the Official Code of Georgia.

Article 6 - Property Owners’ Association

Condominium Association Act

The Georgia Condominium Act, O.C.G.A. §44-3-70, et. seq., is similar to the GPOAA, except that it applies to condominium associations rather than homeowners associations. 

The principles relating to formation, management, powers, and operation, as set forth in the Condominium Act, are often identical to the analogous principles of the GPOAA.  The duties are also similar, though, in some cases, condo associations have greater disclosure requirements.

The Georgia Condominium Act (Title 44, Chapter 3, Article 3) is broken down into 49 code sections (70 to 117). The table below includes the code sections and titles as listed in the Official Code of Georgia.

Article 3 - Georgia Condominium Act

Nonprofit Corporation Code

Georgia Nonprofit Corporation Code, O.C.G.A. §14-3-101, et. seq.:  Associations in Georgia must be organized as either non-profit or for-profit corporations prior to recording a declaration. 

If an association is a non-profit, as is the case with most Georgia associations, it will be governed by the Georgia Nonprofit Corporation Code, specifically with regard to corporate structure and procedure. 

For-profit associations are likewise governed by the Georgia Business Corporation Code, O.C.G.A. §14-2-101, et. seq.

Cooperatives

Georgia’s statutes only specifically address cooperatives relating to electric, telephone, and certain agricultural activities.  Under the appropriate circumstances, a group wishing to own property as a co-op in Georgia can organize as an LLC or nonprofit corporation and tailor its governing documents to accomplish most of the same goals of a typical co-op in other states. 

The corporate entity registered with the Secretary of State owns title to any property, and the individuals own shares or membership interests in the corporation or LLC, depending on how it’s organized.

Fair Housing Act

Federal Fair Housing Act (“FHA”), 42 U.S.C. §3601, et. seq.:  The FHA was enacted to prevent housing discrimination based on “protected classes,” including race, color, religion, sex, familial status, and national origin.  Disability was added as a “protected class” by a later amendment.  42 U.S.C. §3604. 

Under the FHA, 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. 

An adverse action can be express discrimination, such as exclusionary covenants preventing sales or leases to anyone within a protected class, or actions which might not include discrimination on the surface, but which result in a “disparate impact” on a protected group. 

Georgia’s Fair Housing Law, O.C.G.A. §8-3-200, et. seq., applies the protections provided under the FHA at the state level.  The state law is administered by the Fair Housing Division of the Georgia Commission on Equal Opportunity.

Fair Debt Collection Practices Act

The Federal Fair Debt Collections Practices Act (“FDCPA”), 15 U.S.C. §1692, et seq., regulates the conduct of “debt collectors” collecting debts owed by “consumers” to third parties. 

HOA fees are considered “debts” under the FDCPA, and homeowners are protected “consumers.”  Ladick v. Van Gemert, 146 F. 3d 1205 (10th Cir.1998); Thies v. Law Offices of William A. Wyman, 969 F. Supp. 604 (S.D. Cal. 1997). 

An HOA collecting its own debts does not qualify as a “debt collector” and is therefore not regulated by the FDCPA.  However, a third party – such as a collection agency, law firm, or property management company – attempting to collect fees owed to an association may qualify as a “debt collector” under the FDCPA. 

Georgia’s Industrial Loan Act, O.C.G.A. §7-3-1, et. seq., regulates debt collection at the state level but only applies to loans of $3,000 or less and is therefore not typically applicable to homeowners associations.

Read more about the Fair Debt Collections Practices Act—>

American With Disabilities Act

The Americans with Disabilities Act (“ADA”), 42 U.S.C.A. §§ 12101 et. seq., prohibits discrimination against disabled persons in employment, transportation, public accommodations, communications, and access to government programs and services. 

An association with common elements accessible to the general public or that acts as an employer must ensure that its activities do not result in discrimination against disabled persons and must make “reasonable accommodations” necessary to allow individuals with disabilities access to facilities and/or employment.

Learn more about the Americans with Disabilities Act—>