For Homeowners Associations:

The Georgia Property Owners Association Act oversees the creation, management, authority, and operation of homeowners associations in the state. Although associations that fall under the governance of the GPOAA are called POAs, some are also referred to as HOAs — which are formed under common law principles.

To apply under this Act, an association must record a declaration or amend its current one, explicitly electing to organize under the GPOAA. Interestingly, compared to other states’ HOA laws, the Georgia Property Owners Association Act is not as comprehensive. The Act serves more as a guide for associations in terms of the legal structure of their association, powers, and processes.

You can find the Georgia Property Owners Act in Title 44, Chapter 3, Article 6 of the Georgia Code. Its code sections are listed below:

For Condominiums:

The Georgia Condominium Act works similarly to the Georgia Property Owners Association Act. However, this Act specifically applies to condominiums. It governs the creation, management, authority, and operation of condo associations.

You can find the Georgia Condominium Act in Title 44, Chapter 3, Article 3 of the Georgia Code.


Georgia Laws on Corporate Governace:

According to the HOA laws of Georgia, associations must establish themselves as for-profit or non-profit corporation. Most associations choose to organize as a non-profit, in which case, they are governed by the Georgia Nonprofit Corporation Code. This Code guides associations in terms of corporate procedure and structure.

You can find the Georgia Nonprofit Corporation Code under Title 14, Chapter 3 of the Georgia Code. It consists of 16 articles, namely:

Georgia HOA laws on Fair Debt Collection:

The Georgia Industrial Loan Act, found in the Georgia Code, regulates the collection of debt. Within the context of HOAs, homeowners are considered consumers, though the HOA is not considered as a debt collector. That term only applies to third-party collectors the association hires to collect debts for them.

Georgia’s laws on fair debt collection work similarly to the federal Fair Debt Collection Practices Act. Though, the Industrial Loan Act only applies to loans or debts of $3,000 or less. Because of this, most homeowners associations don’t qualify.

Fair Housing:

As for equal opportunity, Georgia has its own Fair Housing Act that functions in the same manner as the federal Fair Housing Act. Under Georgia law, associations may not discriminate against persons based on their race, color, national origin, sex, religion, familial status, or handicap. If an association restricts a person’s right to buy, rent, or enjoy the use of real estate on the basis of these classes, then the association will find itself in legal trouble.

Homeowners who feel they have been discriminated against due to their race, color, national origin, sex, religion, familial status, or handicap can report the act within a year from the date of occurrence to the Fair Housing Division of the Georgia Commission on Equal Opportunity. They may also file a complaint with the U.S. Department of Housing and Urban Development. For private lawsuits, victims must file within 2 years from the date of the discriminatory act.

The Key to Better HOA Management!

Understanding Indiana HOA laws is paramount to running a successful association. If you want to avoid liability as much as possible, it is within your best interest (and the community’s best interest) to familiarize yourself with these laws. Of course, not all HOA board members have the time or necessary expertise for this kind of work. This is where an HOA attorney or management company can help.

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