⚠ Not Legal Advice. This guide is for informational purposes only. Consult a licensed Georgia attorney for legal advice.
Georgia HOA Overview
Opt-in statute — HOAs must affirmatively elect to be governed by the POA Act for enhanced enforcement power. Many older Georgia HOAs are governed solely by their CC&Rs and general contract law.
State-Specific Document Requirements
Declaration of Covenants
O.C.G.A. § 44-3-223
Mandatory
Georgia's POA Act is an opt-in statute — the CC&Rs must expressly state that the POA Act applies, otherwise the HOA has fewer enforcement powers. If opted in, the HOA has lien rights and enforcement authority under the statute.
Retention: Permanent
Disclosure: Filed at the county recorder. Provided to any owner or buyer upon request.
Disclosure Statement
O.C.G.A. § 44-3-110
Mandatory
Sellers must provide buyers with a copy of the association's governing documents. No statutory turnaround time specified (governed by contract).
Retention: 5 years
Disclosure: Provided to buyer by the seller prior to closing.
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