Which Georgia Laws Govern Your HOA?

Georgia stands out because its main HOA statute does not apply automatically — a community has to opt in. So the first step is figuring out which legal framework actually governs your community. For your specific situation, a licensed Georgia attorney is the right resource. This is general information, not legal advice.

The opt-in question: O.C.G.A. § 44-3-222

The Georgia Property Owners' Association Act (POAA), O.C.G.A. §§ 44-3-220 to 44-3-235, is the closest thing Georgia has to a comprehensive HOA statute — but it is opt-in. Under § 44-3-222, "[a]ny declaration or amendment intending to bring or avail a development of the benefits and provisions of this article shall state an affirmative election to be so governed." In other words, the POAA governs your community only if its recorded declaration (or a later amendment) expressly elected coverage.

• If your community opted in, the POAA supplies a statutory framework: perpetual covenants, the assessment lien of § 44-3-232, statutory interest and attorney's fees, and more.
• If it did not, your community is governed by its recorded covenants as a contract, plus the Nonprofit Corporation Code for the entity — without the POAA's statutory lien and automatic features.

Confirming whether the declaration made that election is a recorded-document question for a licensed Georgia attorney.

Condominiums

If you own a condominium, the Georgia Condominium Act (O.C.G.A. § 44-3-70 et seq.) governs instead, and — unlike the POAA — it applies to condominiums by its own terms. Its lien provision, § 44-3-109, parallels the POAA's. A licensed Georgia attorney can confirm which act applies to your home.

The Nonprofit Corporation Code (Title 14, Chapter 3)

Most Georgia associations, opted-in or not, are incorporated nonprofits under Title 14, Chapter 3. That entity law supplies director duties, member-meeting and voting procedures, and the records-inspection rights of § 14-3-1602 — often the main statutory tool for owners in communities that never opted in to the POAA.

The 2024 update: HB 220 (Act 388)

Before SB 406, Georgia's most recent enacted HOA change was HB 220 (Act 388), effective July 1, 2024. It amended the POAA (§ 44-3-223) and the Condominium Act (§ 44-3-76) to let an association seek injunctive relief after 10 days' written notice (or the notice the instrument requires) without first having to exhaust self-help or other remedies — a legislative response to the Court of Appeals' Deerlake decision. It does not change fine procedures; it addresses how an association can go to court to stop a violation.

The 2026 reform: Senate Bill 406

Signed May 12, 2026, SB 406 (the Property Owners' Bill of Rights Act) adds statewide protections regardless of opt-in status, phasing in over two dates:

• July 1, 2026 — attorney's fees can't be passed to an owner without an itemized statement, and are subject to judicial review for reasonableness.
• January 1, 2027 — associations that collect fines or fees must register annually with the Secretary of State (or lose authority to collect, lien, and foreclose); a state complaint-and-hearing process opens; the foreclosure threshold rises; and longer records retention applies.

Because much of SB 406 is not yet effective, confirm the current state of the law with a licensed Georgia attorney.

How the layers fit

1. The recorded governing documents — declaration, bylaws, and rules (the contract for every community).
2. The POAA (if your community opted in) — or the Condominium Act for condos.
3. The Nonprofit Corporation Code (Title 14, Ch. 3) for the incorporated entity.
4. SB 406 — statewide overlay phasing in 2026–2027.
5. Federal law — the Fair Housing Act, ADA, Servicemembers Civil Relief Act, OTARD, and the Freedom to Display the American Flag Act.

From records to fines to the assessment lien, the opt-in question is where most Georgia homeowner questions begin.

Sources

• O.C.G.A. § 44-3-222 — Affirmative election to be governed by the article
• O.C.G.A. Title 44, Ch. 3, Art. 6 — Property Owners' Associations
• O.C.G.A. § 14-3-1602 — Members' right to inspect and copy records
• Georgia HB 220 / Act 388 (2024) — injunctive relief amendments
• Georgia Senate Bill 406 (2025–2026) — official text