Georgia HOA laws

Georgia HOA and Condo Laws, in Plain English

Georgia has 2 statutes that govern community associations: Condominium Act and Property Owners' Association Act. Here is what each covers, who it applies to, and the rules that come with a sale, with a link to the official text of every one.

A summary for boards and owners, not a substitute for the statute or your attorney. Every act links to its official text, and the association that acts on a rule is responsible for reading it.

The actsWhen a home sellsQuestions

HOA laws

Georgia

GA
Condominium Act Property Owners' Association Act
Resale documentResale Package
Fee capNo fixed dollar cap
Deadline5 business days
Buyer may cancelNo statutory right tied to this document

The Acts, and Who Each One Covers

Community type decides which act applies, and a community created before an act took effect may still be under the older one. The declaration says which.

O.C.G.A. 44-3-70 (Condominium Act)

Condominiums

The Georgia Condominium Act governs condominiums created by a recorded declaration submitting property to the Act, covering formation, the declarant's obligations, unit owner rights and voting, common element and association governance, insurance, and assessments. It does not set out a separate statutory resale disclosure package; beyond the statement of account provision below, information provided to a purchaser or lender and any related fees are governed by the condominium instruments.

  • O.C.G.A. 44-3-109 (Statement of account)

    On request from a unit owner, mortgagee, purchaser, or lender, the condominium association must furnish a statement of the assessments owed on a unit. The statute sets a delivery deadline for that response and a cap on the fee the association may charge, with a consequence to the association's lien rights if the deadline is missed. A fee of no more than $10 may be required as a prerequisite to the statement only if the condominium instruments so provide.

    Official text
Read O.C.G.A. 44-3-70 on the state's site

O.C.G.A. 44-3-220 (Property Owners' Association Act)

HOAs and planned communities

The Georgia Property Owners' Association Act governs homeowners' and property owners' associations for planned communities other than condominiums, covering the association's creation, governing documents, board and member governance, and its authority to levy assessments and place liens for amounts unpaid. It does not set out a separate statutory resale disclosure package; beyond the statement of account provision below, information provided to a purchaser or lender and any related fees are governed by the association's governing documents. The Act applies only to a development whose recorded declaration affirmatively submits the property to it (O.C.G.A. 44-3-222); its protections may be claimed only by developments submitted to the Act.

  • O.C.G.A. 44-3-232 (Statement of account)

    On request from a lot owner, mortgagee, purchaser, or lender, the property owners' association must furnish a statement of the assessments owed on a lot. The statute sets a delivery deadline for that response and a cap on the fee the association may charge, with a consequence to the association's lien rights if the deadline is missed. A fee of no more than $10 may be required as a prerequisite to the statement only if the instrument so provides.

    Official text
Read O.C.G.A. 44-3-220 on the state's site

When a Home Sells in Georgia

No Georgia statute requires resale package, but lenders and title companies ask for one. Associations furnish it under their governing documents.

What Georgia calls the resale document
Resale Package
Fee cap
No fixed dollar cap
Delivery deadline
5 business days
Buyer's right to cancel
No statutory right tied to this document

The full Georgia resale rules, who pays, and how to order are on the Georgia resale package page. Every state's cap and deadline sit side by side in the fee and deadline table.

Georgia HOA Law Questions

Which law governs condominiums in Georgia?

O.C.G.A. 44-3-70 (Condominium Act). The Georgia Condominium Act governs condominiums created by a recorded declaration submitting property to the Act, covering formation, the declarant's obligations, unit owner rights and voting, common element and association governance, insurance, and assessments.

Which law governs HOAs in Georgia?

O.C.G.A. 44-3-220 (Property Owners' Association Act). The Georgia Property Owners' Association Act governs homeowners' and property owners' associations for planned communities other than condominiums, covering the association's creation, governing documents, board and member governance, and its authority to levy assessments and place liens for amounts unpaid.

Does Georgia cap the fee for a resale certificate?

No. Georgia sets no dollar cap on resale package, so the association or its management company sets the fee under the governing documents.

How long does a Georgia association have to deliver resale package?

5 business days, counted from the request.

Where can I read the Georgia statutes?

Each act on this page links to its official text on the state legislature's site. Havn summarizes the law and links to the source rather than restating it.

Nearby States

Florida HOA laws

Resale fee: $299 · 10 business days

South Carolina HOA laws

Resale fee: no fixed dollar cap · no statutory deadline

North Carolina HOA laws

Resale fee: no fixed dollar cap · no statutory deadline

Tennessee HOA laws

Resale fee: no fixed dollar cap · 10 business days

Alabama HOA laws

Resale fee: no fixed dollar cap · 10 days

Keep Reading

Guides

Templates

  • HOA Annual Meeting Notice TemplateA free HOA annual meeting notice template: date, place, agenda, the election, quorum, and the proxy or ballot enclosed, written to meet the notice window in your bylaws.
  • HOA Violation Notice TemplateA free HOA violation letter template: the rule cited, what was observed and when, the photo, the cure date, what happens next, and how the owner can respond or request a hearing.
  • HOA Dues Increase and Special Assessment Notice TemplateA free HOA letter template for a dues increase or a special assessment: the new amount and when it starts, why, the payment schedule, how to pay, and where to ask questions.
  • HOA Proxy Form TemplateA free HOA proxy form template: the owner, the home, the proxy holder, the meeting, directed instructions on each item, the expiration, and the signature.

Terms to Know

  • Resale certificateThe disclosure package an HOA or condo association furnishes when a home in the community is sold: what is owed, what is coming, and the documents that govern the home.
  • HOA lienThe association's legal claim on a home for unpaid assessments, created by the declaration and, in most states, by statute.
  • Super lienIn roughly twenty states, a slice of the association's assessment lien that takes priority over the first mortgage, usually a set number of months of assessments.
  • QuorumThe minimum number of owners, or share of the votes, that must be present or represented for a meeting to act.
  • Special assessmentA one-time charge beyond the regular assessment, levied to cover a shortfall or a project the budget and the reserves cannot: a roof, a lawsuit, a storm.

In Havn

  • Self-Managed HOAsEverything a volunteer board needs, for a dollar a home a month.
  • AccountingFund accounting, budgets, bank feeds, payables, and owner statements.
  • CommunicationsMeeting notices, violation letters, and dues notices by email, text, and mail, with delivery logged.

Run a Georgia community with the rules built in.

HOA management software with a homeowner portal owners actually use. Resale documents are included; the requester pays for each one.

Get Started FreeSee the Homeowner Portal