Which Georgia Laws Govern Your HOA?

Georgia's 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.

Does Georgia have an HOA law?

Yes, but the main one is opt-in. Under O.C.G.A. § 44-3-222, the Property Owners' Association Act governs only where the recorded declaration or an amendment elected coverage; from January 1, 2027, a recorded 80 percent vote will also qualify (§ 44-3-235(a)(3)). Others rely on covenants and, if incorporated, nonprofit law, though parts of SB 406 will reach every association then.

The Georgia Property Owners' Association Act (POAA), O.C.G.A. §§ 44-3-220 to 44-3-235, is Georgia's main 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. Beginning January 1, 2027, SB 406 adds another route: under § 44-3-235(a)(3), the POAA also applies "where 80 percent of the association vote to approve the submission of such association to this article and records an instrument certifying such vote."

• If your community opted in, the POAA supplies a statutory framework: covenants freed from the general time limits of § 44-5-60 (§ 44-3-234), 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.

Do Georgia condos follow a different law than HOAs?

Yes. Condominiums follow the Georgia Condominium Act, O.C.G.A. § 44-3-70 et seq., and the POAA does not apply to associations created under it, except for mixed developments (§ 44-3-235(b)). Condos created under the older Apartment Ownership Act are covered only if they amend their instruments to submit (§ 44-3-113).

If you own a condominium, the Georgia Condominium Act (O.C.G.A. § 44-3-70 et seq.) governs instead; the POAA "shall not apply to associations created pursuant to" the Condominium Act except for mixed developments (§ 44-3-235(b)). The Condominium Act applies to property submitted to it, no condominium may be established under the older Apartment Ownership Act on or after October 1, 1975, and condos created under that older act are covered only if they amend their instruments to submit (§ 44-3-113). Its lien provision, § 44-3-109, parallels the POAA's, but SB 406's lien changes amend only the POAA's § 44-3-232, not § 44-3-109. SB 406's registration, complaint, and owners'-rights provisions (effective January 1, 2027) also reach condominium associations: its definition of an owners' association includes "associations formed pursuant to Articles 3 and 6 of Chapter 3 of Title 44." A licensed Georgia attorney can confirm which act applies to your home.

The Nonprofit Corporation Code (Title 14, Chapter 3)

For an association incorporated as a nonprofit, opted-in or not, the entity law is the Georgia Nonprofit Corporation Code (Title 14, Chapter 3; § 14-3-101). It 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)

An earlier 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 the need or requirement to first pursue or utilize any other remedies." It does not change fine procedures, though in the POAA (§ 44-3-223) it did add that fines "shall not impact voting rights"; mainly 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 Georgia Property Owners' Bill of Rights Act) adds statewide protections — some for every association, others only for opted-in POAA communities — phasing in over two dates:

• July 1, 2026 — for opted-in POAA communities, attorney's fees can't be collected until the owner gets notice of outstanding fines or fees by certified mail or statutory overnight delivery, 30 days to pay, and an itemized list of the fees; in a bench trial, the judge reviews them for reasonableness.
• January 1, 2027 — owners' associations must register annually with the Secretary of State unless they elect not to (an association that neither registers nor elects out may not collect fines or fees, record liens, or foreclose; one that notifies the Secretary of State that it elects not to register may not assess or collect fines, fees, or accelerated assessments); 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, a licensed Georgia attorney can confirm the current state of the law.

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

• Official Code of Georgia Annotated — official public access (§§ 44-3-220 to 44-3-235; §§ 44-3-76, 44-3-109, 44-3-113; §§ 14-3-101, 14-3-1602)
• Georgia SB 406 / Act 715 (2026) — enacted text signed by the Governor
• Georgia General Assembly — SB 406 status history (signed by the Governor May 12, 2026; Act 715)