Georgia HOA & Condominium Law
9 active Georgia statutes govern homeowners associations and condominiums in the state. The corpus encodes 31 specific requirements across governance, finance, reserves, disclosure, and enforcement.
Estoppel Disclosure Workflow
13 standard items
GA
CommunityPay has not verified a state-specific statutory resale certificate regime in Georgia. Disclosure follows a non-statutory estoppel workflow. The 13 items below reflect standard title company and lender expectations, not legal requirements specific to any particular association.
- Current periodic assessment amount and any unpaid or delinquent assessments
- Pending or approved special assessments
- Reserve fund balance and designated projects
- Most recent balance sheet and income/expense statement
- Current operating budget
- Insurance coverage provided for the benefit of owners
- Pending lawsuits, unsatisfied judgments, or threatened litigation
- Board composition, meeting frequency, and governance status
- Declaration, bylaws, and rules and regulations
- Capital expenditures approved or anticipated for current and next two fiscal years
- Transfer fees, move-in/move-out fees, or other charges upon sale
- Known violations of the governing documents or applicable codes
- Right of first refusal or other restraints on transfer
Industry incumbents (HomeWiseDocs, CondoCerts) charge residents $250–$400 per resale certificate.
Georgia does not cap RC preparation fees by statute. With CommunityPay, the board issues the certificate directly from live ledger data — eliminating the third-party fee entirely. Residents typically save $250–$400 per closing.
What Georgia Law Requires
Governance (16)
- Defines the powers of the condominium association and its board of directors. O.C.G.A. §44-3-100
- Older associations may opt in. O.C.G.A. §44-3-221
- Defines terms for the Georgia Property Owners' Association Act, which governs planned communities with mandatory membership and assessment authority. O.C.G.A. §44-3-221
- Applies to all property owners' associations created on or after July 1, 2015. O.C.G.A. §44-3-221
- Defines the powers of the property owners' association, including authority to adopt and enforce rules, levy assessments, manage common areas, and exercise all powers granted by the declaration and bylaws. O.C.G.A. §44-3-223
- Board members owe fiduciary duties to the membership. O.C.G.A. §44-3-223
- Establishes requirements for the board of directors and declarant control transition. O.C.G.A. §44-3-224
- The declarant may appoint board members during the development period. O.C.G.A. §44-3-224
- Control must transition to owner-elected board members according to statutory timelines based on lot sales percentages. O.C.G.A. §44-3-224
- The association must hold at least one annual meeting. O.C.G.A. §44-3-225
- Lot owners must receive reasonable notice of all meetings. O.C.G.A. §44-3-225
- Establishes meeting requirements for property owners' associations. O.C.G.A. §44-3-225
- Special meetings may be called as specified in the bylaws. O.C.G.A. §44-3-225
- Establishes the regulatory framework for condominiums in Georgia. O.C.G.A. §44-3-70
- The Georgia Condominium Act is separate from and predates the Property Owners' Association Act. O.C.G.A. §44-3-70
- Governs creation, governance, common element management, unit owner rights, and assessment authority. O.C.G.A. §44-3-70
Assessment (4)
- Establishes assessment lien authority for condominium associations. O.C.G.A. §44-3-109
- Georgia is a judicial foreclosure state O.C.G.A. §44-3-232
- Lien is subordinate to recorded first mortgages O.C.G.A. §44-3-232
- Establishes assessment lien authority for property owners' associations. O.C.G.A. §44-3-232
Disclosure (4)
- Georgia does not have a comprehensive resale certificate statute comparable to states like Virginia or Arizona. O.C.G.A. §44-3-111
- The statement is binding on the association in favor of persons relying on it. O.C.G.A. §44-3-111
- Within ten days after receipt of a written request O.C.G.A. §44-3-111
- Requires the condominium association to furnish a statement of unpaid assessments to a unit owner or purchaser within 10 days of request. O.C.G.A. §44-3-111
Enforcement (7)
- The association acts through its board, which manages the common elements, enforces the declaration and bylaws, and exercises powers granted by the condominium instruments. O.C.G.A. §44-3-100
- The lien is subordinate to recorded first mortgages and government tax liens. O.C.G.A. §44-3-109
- Foreclosure follows judicial procedures. O.C.G.A. §44-3-109
- The association has a lien on each unit for unpaid assessments. O.C.G.A. §44-3-109
- The lien is subordinate to recorded first mortgages. O.C.G.A. §44-3-232
- The association has a lien on a lot for any assessment levied against that lot from the time the assessment becomes due. O.C.G.A. §44-3-232
- Georgia is a judicial foreclosure state. O.C.G.A. §44-3-232
Sourced from CommunityPay's living legal corpus. Each requirement traces to a primary statute snapshot verified by a subject-matter expert.
Topic Coverage
Assessment Collection
6
Enforcement and Fines
3
Fiduciary Duty
3
Foreclosure and Liens
2
Governance Documents
2
Developer Transition
1
Elections and Voting
1
Meetings and Notice
1
Resale Disclosure
1
Each chip links to the Georgia statutes addressing that topic. Counts reflect distinct statute assignments.
Applicable Statutes
All Georgia authorities →
Georgia Condominium Act — Association Powers and Board
Defines the powers of the condominium association and its board of directors. The association acts through its board, which manages the common elements, enforces the declaration and bylaws, and exercises powers granted by the condominium instruments.
Georgia Condominium Act — Lien for Assessments
Establishes assessment lien authority for condominium associations. The association has a lien on each unit for unpaid assessments. The lien is subordinate to recorded first mortgages and government tax liens. Foreclosure follows judicial procedures.
Georgia Condominium Act — Statement of Unpaid Assessments
Requires the condominium association to furnish a statement of unpaid assessments to a unit owner or purchaser within 10 days of request. The statement is binding on the association in favor of persons relying on it. Georgia does not have a comprehensive resale certificate statute comparable to states like Virginia or Arizona.
Georgia Property Owners' Association Act — Definitions
Defines terms for the Georgia Property Owners' Association Act, which governs planned communities with mandatory membership and assessment authority. Applies to all property owners' associations created on or after July 1, 2015. Older associations may opt in.
Georgia POA Act — Association Powers
Defines the powers of the property owners' association, including authority to adopt and enforce rules, levy assessments, manage common areas, and exercise all powers granted by the declaration and bylaws. Board members owe fiduciary duties to the membership.
Georgia POA Act — Board of Directors and Declarant Control
Establishes requirements for the board of directors and declarant control transition. The declarant may appoint board members during the development period. Control must transition to owner-elected board members according to statutory timelines based on lot sales percentages.
Georgia POA Act — Meetings of Lot Owners
Establishes meeting requirements for property owners' associations. The association must hold at least one annual meeting. Special meetings may be called as specified in the bylaws. Lot owners must receive reasonable notice of all meetings.
Georgia POA Act — Lien for Assessments
Establishes assessment lien authority for property owners' associations. The association has a lien on a lot for any assessment levied against that lot from the time the assessment becomes due. Georgia is a judicial foreclosure state. The lien is subordinate to recorded first mortgages.
Georgia Condominium Act — Short Title and Scope
Establishes the regulatory framework for condominiums in Georgia. Governs creation, governance, common element management, unit owner rights, and assessment authority. The Georgia Condominium Act is separate from and predates the Property Owners' Association Act.
Source: Georgia state legislature. Statutes verified by CommunityPay.
Pending & Recent Georgia HOA Legislation
Last action: Mar 20, 2026
Last action: Jan 12, 2026
Last action: Jan 17, 2025
Last action: May 12, 2026
Last action: May 12, 2026
Last action: Mar 9, 2026
Last action: Mar 6, 2026
19 HOA-relevant bills tracked for Georgia · refreshed Oct 3, 2026 · Source: LegiScan
Frequently Asked Questions — Georgia HOA Law
How long does a Georgia HOA have to deliver a resale certificate?
Under O.C.G.A. §44-3-111, a Georgia association must deliver the resale certificate within 10 calendar days of a written request from the unit owner, prospective purchaser, or their representative. Missing the deadline carries statutory consequences — including, in many states, release of the buyer from any unpaid amounts the seller owed at the time of the request.
Source: O.C.G.A. §44-3-111
How much advance notice must a Georgia HOA give for meetings?
Under O.C.G.A. §44-3-224, a Georgia association must give unit owners at least 10 days advance notice of meetings. The notice must specify the date, time, place, and agenda items to be considered. Actions taken at a meeting that violates the notice requirement may be voidable on owner challenge.
Source: O.C.G.A. §44-3-224
Does a Georgia HOA assessment lien have priority over a first mortgage?
No. Georgia does not grant HOA assessment liens super-priority over a first mortgage. Although O.C.G.A. §44-3-232 establishes the assessment-lien framework, the HOA's lien sits subordinate to a first-recorded mortgage. Recording date controls relative priority among the remaining junior liens. Collection still proceeds, but the lender does not face the forced-payoff risk seen in true super-priority states such as Washington, Colorado, and Nevada.
Source: O.C.G.A. §44-3-232
Answers derived from the Georgia legal corpus. Every numeric value (fee caps, deadlines, percentages) is pulled from a primary-source statutory threshold record verified by CommunityPay.
Georgia HOA Fee Benchmark
$287
Avg Median Monthly Fee
$84 – $560
County Range
110486
Units Paying HOA Fees
Source: U.S. Census Bureau, American Community Survey 2023 5-Year Estimates (PUMS). 117 counties with data.
Communities by City
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Download the Georgia HOA & Condo Compliance Checklist
One PDF — every active Georgia statute we track, statutory fee caps and time limits, recent legal changes from the last 12 months, and the resale-certificate disclosure profile. Built from CommunityPay's living legal corpus, the same data that drives our resale certificates, reserve reports, and CARI scoring.
- Statutory fee caps and time limits (resale, late fees, lien priority)
- Recent law changes with effective dates
- Resale & estoppel disclosure profile, item by item
No spam. CommunityPay uses your email to send the checklist and one follow-up at most.
Data sourced from Georgia Secretary of State public registrations. Legal corpus maintained by CommunityPay's editorial team and traced to primary statute snapshots.
United States Payments and Accounting Governance Infrastructure for Community Associations