Georgia HOA Documents – Rules & Templates (2026 Guide)

⚠ Not Legal Advice. This guide is for informational purposes only. Consult a licensed Georgia attorney for legal advice.

Georgia HOA Overview

Opt-in statute — HOAs must affirmatively elect to be governed by the POA Act for enhanced enforcement power. Many older Georgia HOAs are governed solely by their CC&Rs and general contract law.

State-Specific Document Requirements

Declaration of Covenants

O.C.G.A. § 44-3-223

Mandatory

Georgia's POA Act is an opt-in statute — the CC&Rs must expressly state that the POA Act applies, otherwise the HOA has fewer enforcement powers. If opted in, the HOA has lien rights and enforcement authority under the statute.

Retention: Permanent

Disclosure: Filed at the county recorder. Provided to any owner or buyer upon request.

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Disclosure Statement

O.C.G.A. § 44-3-110

Mandatory

Sellers must provide buyers with a copy of the association's governing documents. No statutory turnaround time specified (governed by contract).

Retention: 5 years

Disclosure: Provided to buyer by the seller prior to closing.

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Georgia-Specific Documents

POAA Registration / Governing Document Recording

Mandatory

O.C.G.A. § 44-3-220

Filing of the association's governing documents with the county clerk's office to establish legal status under the Georgia POAA.

⚠ Initial formation of HOA

Statutory Lien Notice (POAA)

Mandatory

O.C.G.A. § 44-3-232

Formal written notice to a delinquent member that an assessment lien will be recorded, providing the amount due and a cure period before the lien is filed.

⚠ Before recording an assessment lien

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