State Law Guide - Updated January 2026
Georgia HOA Laws and Homeowner Rights
Under Georgia Property Owners' Association Act (O.C.G.A. § 44-3-220 et seq.), Georgia homeowners have specific rights when facing HOA fines and violations. 10 days written notice before fines (O.C.G.A. § 44-3-223).
Received a fine from your HOA?
Check if they followed Georgia law
Your Rights Under Georgia Property Owners' Association Act
Georgia law provides important protections for homeowners facing HOA enforcement actions. Understanding these rights can help you identify procedural defects that may void improper fines.
Compliance and Penalties
Authorizes fines with 10-day written notice; HB 220 (2024) prohibits fines from affecting voting rights
Assessment of Expenses
Assessment procedures and joint liability in property transfers
Meetings and Notice
Member meeting requirements; 5% can call meeting if annual not held
Liens and Foreclosure
Automatic lien for unpaid assessments; judicial foreclosure only; $2,000 minimum for foreclosure
Short Title and Application
Establishes GPOAA as opt-in statute for communities that elect coverage
Common HOA Violations in Georgia
HOAs can only enforce rules that are properly documented in the governing documents (CC&Rs). Here are common violation types that Georgia homeowners face.
Georgia-Specific Issues
- -lawn maintenance (long growing season)
- -exterior paint restrictions
- -holiday decoration timing
- -trash can visibility
- -fence installation
Common Nationwide Issues
- -architectural modifications
- -landscaping
- -parking
- -noise complaints
- -pet violations
- -rental restrictions
Get a Defense Letter That Cites Georgia Law
Our tool analyzes your HOA's violation notice against O.C.G.A. § 44-3-220 et seq. requirements, identifies procedural defects, and generates a formal defense letter.
Legal Defense Letter
Cites exact GA statutes
Ready in Minutes
Download as PDF or Word
Procedural Audit
Finds defects that void fines
$29 - Avg Georgia HOA dues: $99/month
Georgia HOA Oversight
No State Regulatory Agency
Georgia does not have a dedicated state agency for HOA oversight. Your options include small claims court (up to $15,000), private mediation, or consulting with an attorney.
Georgia Attorney General Consumer ProtectionFrequently Asked Questions
Does the Georgia Property Owners' Association Act apply to my HOA?
The GPOAA is a voluntary opt-in statute. Your community must have expressly elected to be governed by it in the recorded declaration or through a subsequent amendment. Check your governing documents to determine if your HOA has opted in. Many Georgia HOAs are governed solely by their declarations and bylaws.
How much notice must my Georgia HOA give before fining me?
Under O.C.G.A. § 44-3-223, the association must provide at least 10 days written notice before imposing fines, unless your governing documents specify a different period. No notice is required for violations presenting clear and imminent danger to health or safety.
Can my Georgia HOA foreclose on my home for unpaid fines?
Yes, but only through judicial foreclosure (requiring a court order) and only when the total delinquent amount reaches $2,000 or more. The HOA must provide 30-day notice via certified mail before filing suit. Fines, assessments, late fees, and interest can all be included in the lien amount.
Is there a cap on HOA fines in Georgia?
No. Georgia does not impose a statutory cap on HOA fines. Fine amounts are determined by your community's governing documents. However, late fees for unpaid assessments are limited to the greater of $10 or 10% of the unpaid amount, with interest capped at 10% per year.
Can my HOA take away my voting rights for unpaid fines in Georgia?
No. Under HB 220 (2024), which amended O.C.G.A. § 44-3-223, fines cannot impact your voting rights. Voting rights can only be suspended for failure to pay regular and special assessments, not fines. You retain the right to vote in board elections regardless of outstanding fines.
Where can I file a complaint against my Georgia HOA?
Georgia has no dedicated HOA regulatory agency. You must first attempt to resolve disputes through your association's internal complaint process. If unsuccessful, consider mediation through Georgia Dispute Resolution. As a last resort, file a lawsuit in Magistrate Court (up to $15,000) or Superior Court for larger amounts.
Official Georgia Resources
- Georgia Code Title 44, Chapter 3, Article 6(Statute)
- Georgia Attorney General Consumer Protection(Government)
- Georgia Magistrate Court (Small Claims)(Courts)
- Georgia Real Estate Commission(Government)
- Georgia Dispute Resolution Programs(Reference)
Don't pay unfair HOA fines
Get Your Georgia Defense Letter Now
Join thousands of Georgia homeowners who've used our tool to identify procedural defects and fight unfair HOA fines.
Based on O.C.G.A. § 44-3-220 et seq.