Georgia HOA Laws 2026: Property Owners' Association Act Guide (O.C.G.A. § 44-3-220)

Georgia's Property Owners' Association Act (POAA), codified at O.C.G.A. §§ 44-3-220 through 44-3-235, is unique in the United States: it is an opt-in statute. Unless a Georgia HOA's declaration expressly states that the POAA applies, the association is governed only by general nonprofit corporate law and its own CC&Rs. This creates enormous variation in HOA governance across the state.

Opt-In vs. Default: Does the POAA Apply to Your HOA?

The POAA applies only if the association's declaration contains explicit language adopting it. Many older Georgia communities — particularly those formed before 1994 when the POAA was enacted — operate solely under their CC&Rs and Georgia nonprofit corporate law. Check your declaration for language like "this Association shall be governed by the Georgia Property Owners' Association Act." If that language is absent, the POAA likely does not apply.

Benefits of POAA Coverage

HOAs that have opted into the POAA gain several powerful tools unavailable under general corporate law:

• Statutory lien rights for unpaid assessments (O.C.G.A. § 44-3-232)
• Non-judicial foreclosure rights for assessment liens
• Statutory authority to adopt and enforce rules and regulations
• Defined procedures for special assessments
• Homeowner right to inspect records

Assessment Liens and Foreclosure in Georgia

For POAA-governed associations, the HOA may record an assessment lien for unpaid dues. The lien takes priority over most other liens except a first mortgage. Georgia allows non-judicial foreclosure (via power of sale) for POAA assessment liens — making it one of the faster foreclosure processes in the Southeast. Before initiating foreclosure, the association must provide written notice to the owner.

Enforcement and Fines

The POAA does not establish specific fine procedures or caps — those are set by the association's CC&Rs and rules. However, the general principle of notice and opportunity to cure applies. For non-POAA HOAs, enforcement is entirely governed by the CC&Rs. Georgia courts have consistently upheld HOA enforcement actions that follow the association's own documented procedures, even when the POAA does not apply.

Condominium Law in Georgia

Georgia condominiums are governed separately under the Georgia Condominium Act (O.C.G.A. §§ 44-3-70 through 44-3-115). Unlike the POAA, the Condominium Act applies automatically to all Georgia condominiums. It establishes detailed requirements for the condominium declaration, plat, unit owner rights, and the association's powers.

What POAA-Opt-In HOAs Should Do in 2026

• Verify your declaration language confirms POAA opt-in status
• Maintain a current fine schedule in the recorded rules
• Document all enforcement actions with written notices
• Keep assessment lien procedures compliant with O.C.G.A. § 44-3-232
• Ensure your annual meeting notice complies with your CC&Rs and Georgia corporate law