Georgia POA Act Opt-In Check: What Buyers Should Know

The Georgia Property Owners' Association Act is Article 6 of Chapter 3, Title 44 of the Georgia Code, sections 44-3-220 through 44-3-235. It isn't a rulebook for every HOA in the state. A community comes under it only when its declaration, or an amendment recorded later, states an affirmative election to be governed by the Act (§ 44-3-222).

An amendment that opts in has to be signed the way the community's own declaration requires for amendments, and it takes effect when it's recorded. Communities that haven't opted in are governed by their declaration, bylaws and Georgia's general law. Condominiums fall under a separate law, the Georgia Condominium Act.

Most of the Act gives the association tools to collect and enforce. The main ones:

• Automatic lien. Assessments, fines and charges for services the association provides become a lien on the lot without a separate filing. The lien ranks ahead of most other liens, though behind property taxes and a first mortgage (§ 44-3-232).
• Late charges and interest, if the declaration provides for them. A late charge of up to $10 or 10% of the unpaid assessment, whichever is greater, interest of up to 10% a year, and collection costs including reasonable attorney's fees actually incurred.
• Fines and suspensions, if the declaration provides for them. The association can fine owners and suspend use of common areas and services paid for as a common expense. It can't block access to your lot (§ 44-3-223).
• Foreclosure. Once the lien reaches $2,000, the association can foreclose in court after at least 30 days' notice by certified mail or statutory overnight delivery.

Opting in doesn't add a hearing process before fines. Section 44-3-223 allows fines and suspensions only "to the extent provided in the instrument" and leaves notice and hearing steps to the declaration, so read the declaration's enforcement section either way. What opting in does change is how firmly unpaid charges attach to the lot you're buying.

1. Ask for a written statement of amounts due before closing. The request must be in writing and delivered to the association's registered office. The association has five business days to answer and may charge up to $10 if the declaration allows. If it doesn't answer in time, its lien is extinguished as to your interest.
2. Compare the statement with the resale packet. Unpaid assessments, late charges, interest and fines can all be part of the lien, so make sure they're paid or credited at closing.
3. Read the fine and suspension sections of the declaration. Under the Act, those powers exist only to the extent the declaration grants them.

1. Get the recorded declaration and every recorded amendment, not just the copy in the resale packet. The county's real estate records or the closing attorney can supply them.
2. Search for "Georgia Property Owners' Association Act", "44-3-220" or "Article 6 of Chapter 3 of Title 44".
3. If an amendment is what opts in, confirm it was recorded and signed the way the declaration requires for amendments.
4. If no document makes an express election, treat the community as not governed by the Act.

Declarations are often amended several times, and older copies in a packet can be out of date. Ask the association in writing which recorded document opts in, and for its recording information. A written answer gives you something to check against the county records.

Georgia has enacted new versions of several sections of the Act, including 44-3-222, 44-3-226, 44-3-232 and 44-3-235, that take effect January 1, 2027. If you're closing on or after that date, check the current text before relying on the details above.

Upload the resale packet or the declaration and ScoutReport flags statutory references, including a POA Act election, with each finding linked to the page it's on so you can read the language yourself. You can also ask, "Does this declaration opt into the Georgia POA Act?" and get an answer that cites the page. ScoutReport is research software, not legal advice.