Selective enforcement hoa covenants4/10/2024 Sufficiency of descriptions of condominium units description of undivided interest in common elements Liberal construction of article substantial compliance curing of defects by amendment Right of and procedure for certain property owners to take control of association when declarant fails to meet certain obligations Powers and duties of association legal actions against agent or employee of associationĪssessments against lot owners as constituting lien in favor of association additional charges against lot owners procedure for foreclosing lien obligation to provide statement of amounts due Incorporation as prerequisite to submission to article requirements as to corporate documents board of directors Article 6 - Property Owners’ AssociationĬreation of property owners' development affirmative election to be governed by articleĬompliance with provisions of instrument and with rules and regulations penalties for noncomplianceĪssessment of expenses exemption from liability liability for unpaid assessmentsĪmendment of instrument presumption of validity in court action The table below includes the code sections and titles as listed in the Official Code of Georgia. The Georgia Property Owners’ Association Act (Title 44, Chapter 3, Article 6) is broken down into 17 code sections (220 to 235). While not as detailed as many state HOA statutes, the GPOAA provides more legal structure than common-law associations with regard to association powers and also streamlines the lien-filing process.Ī non-GPOAA association’s declaration expires by law twenty years after recording unless affirmatively renewed, while a statutory association continues automatically unless dissolved. Statutory associations are commonly referred to in Georgia as “POA’s,” and common law associations as “HOA’s,” though GPOAA associations are also sometimes called HOAs.Īn association “opts in” to the GPOAA by recording a declaration (or amending an existing declaration) to expressly elect to be governed by the GPOAA. Importantly, associations in Georgia can be organized under the GPOAA or based on common law principles, in which case the statute is inapplicable. ![]() ![]() seq., governs formation, management, powers, and operation of applicable associations, is Georgia’s law specifically applying to homeowners associations. The Georgia Property Owners’ Association Act (GPOAA), O.C.G.A.
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