Liens & ForeclosureGA
Can a Georgia HOA Foreclose Over Dues?
By The HOARebel Team · June 2, 2026 · 2 min read
Whether a Georgia association can foreclose over unpaid dues depends first on whether your community opted in to the Property Owners' Association Act — and then on a statutory lien that sits behind the first mortgage and only opens to foreclosure above a dollar threshold. A 2026 reform raises that threshold and adds new prerequisites. For your specific situation, a licensed Georgia attorney is the right resource. This is general information, not legal advice.
The lien — for opted-in communities: O.C.G.A. § 44-3-232
For a community that elected POAA coverage, § 44-3-232 provides that "[a]ll sums lawfully assessed by the association against any lot owner … shall, from the time the sums became due and payable, be the personal obligation of the lot owner and constitute a lien in favor of the association on the lot prior and superior to all other liens whatsoever except … [t]he lien of any first priority mortgage covering the lot and the lien of any mortgage recorded prior to the recording of the declaration." So the lien outranks most claims — but a first mortgage normally outranks the association. Georgia gives no super-priority slice. The lien also carries interest "not in excess of 10 percent per annum," plus court costs and reasonable attorney's fees, and it lapses four years after the assessment first became due.
For communities that never opted in, there is generally no statutory assessment lien; the association's remedies come from its covenants and ordinary debt collection. Condominiums have a parallel lien under § 44-3-109.
The foreclosure floor — and SB 406's increase
A Georgia association cannot foreclose over a trivial balance. Under § 44-3-232, the association may not foreclose unless the lien is at least $2,000, and it must send notice by certified mail or statutory overnight delivery at least 30 days before filing suit. SB 406, the Property Owners' Bill of Rights Act (signed May 12, 2026), raises that floor: effective January 1, 2027, foreclosure requires at least $4,000 in unpaid assessments — excluding fines and fees — so penalties alone are not meant to push a home into foreclosure.
SB 406's registration prerequisite
SB 406 adds another gate. Beginning January 1, 2027, an association that collects fines or fees must register annually with the Georgia Secretary of State; an association that fails to register forfeits its authority to collect fines and fees, file or record liens, and foreclose. That makes registration status a threshold question in any 2027-and-later collection action. Confirm current details with a licensed Georgia attorney.
What people generally do
In a Georgia assessment-debt situation, a few points commonly matter:
- Whether the community opted in to the POAA, since that determines whether a statutory lien exists.
- The statement of amounts due and the association's records show what is actually owed.
- Disputed fines and undisputed assessments are treated separately.
- The statutory thresholds — $2,000 now, $4,000 in assessments (excluding fines and fees) from January 1, 2027 — and the 30-day pre-suit notice.
- A licensed Georgia attorney is the resource early, while options remain open.