Georgia HOA Laws: The Property Owners' Association Act Explained

Key takeaways

Georgia's core HOA statute, the Property Owners' Association Act (O.C.G.A. §§44-3-220 to 44-3-235), is opt-in — it only governs a community if the declaration expressly elects into it.

For associations that opted in, an unpaid assessment creates an automatic lien, and up to six months of that lien can outrank a first mortgage in foreclosure — but late fees, interest, and legal costs don't get that priority.

Georgia POA Act foreclosures are judicial only — the association has to go to court, and (before SB 406's 2027 changes) generally needs at least $2,000 in unpaid assessments before filing.

This is a different topic from the 2026 SB 406 bill-of-rights reform: that law adds mandatory state registration and raises the foreclosure floor starting January 1, 2027 — see our dedicated guide on that reform.

Georgia has a structural quirk that surprises a lot of homeowners and even some boards: its main HOA statute doesn’t automatically apply to every community. Whether it governs yours depends on a choice your association’s declaration made, possibly decades ago.

General information, not legal advice. Georgia HOA law is in the middle of a significant reform (see the note below) — confirm current statute text and consult a Georgia community-association attorney for your specific situation.

The Property Owners’ Association Act — and why “opt-in” matters

Georgia’s core HOA statute is the Property Owners’ Association Act (POA Act), codified at O.C.G.A. §44-3-220 through §44-3-235. Unlike most states’ HOA statutes, which apply automatically to every qualifying community, the POA Act is opt-in: it only governs an association if the community’s declaration expressly elects to be covered by it.

That means two Georgia HOAs can look identical on the surface — same size, same era, same type of community — and operate under completely different legal frameworks depending on a choice made when the community was created. An association that never opted in doesn’t get the Act’s statutory lien-priority protections; it falls back on its own declaration, general Georgia nonprofit-corporation law, and case law instead. If you don’t know whether your community opted in, that’s a first question for your board or an attorney, not something to assume either way.

Condominiums are governed by a separate statute, the Georgia Condominium Act — see our condo association vs. HOA guide for how that distinction generally works.

Assessments, liens, and mortgage priority

For an association that has opted into the POA Act:

Automatic lien. An unpaid assessment creates a statutory lien on the lot from the date the assessment becomes due — the association doesn’t need to separately record anything to create the lien itself (recording matters for other purposes, like notice to a future buyer or lender).
Limited super-priority over a first mortgage. A portion of the association’s lien — typically up to six months of unpaid regular assessments — can take priority over even a first mortgage in a foreclosure. This priority is narrow: it covers the base assessment amount only, not late fees, interest, or attorney’s fees tied to the delinquency.

Foreclosure: judicial only, with a dollar floor

Georgia takes a stricter approach to HOA foreclosure than many states:

Judicial foreclosure only. The association must file a lawsuit and obtain a court order — Georgia does not allow the faster non-judicial (power-of-sale) foreclosure process some other states permit for HOA liens.
A dollar floor before filing. Under the POA Act baseline (before SB 406’s changes take effect), the unpaid amount generally needs to reach at least $2,000 before the association can file a foreclosure action.
Advance notice required. The association must give the owner notice before starting foreclosure, by certified mail or statutory overnight delivery, return receipt requested, sent to the property address and any other address the owner has designated in writing.

For how HOA foreclosure timelines generally work across states, see our guide on can an HOA take your house.

This is changing: SB 406 and the 2026 reform

Everything above describes the POA Act baseline — the law that’s been on the books, for opted-in associations, before this year’s reform. It is not the same thing as Georgia’s newer Property Owners’ Bill of Rights Act (SB 406), signed May 12, 2026, which layers new requirements on top: mandatory Secretary of State registration (with real consequences for associations that skip it), a higher $4,000 foreclosure floor (or 12 months of assessments, whichever is lower) taking effect January 1, 2027, and an extension of the pre-foreclosure notice window from 30 to 60 days. See our dedicated guide on what changed under Georgia’s (and Minnesota’s) 2026 HOA bill of rights for the full reform, its effective dates, and what boards need to do before it takes effect.

For other states

See our guides on California, Texas, Florida, and North Carolina HOA law, or Arizona and Illinois.

Frequently asked questions

What is Georgia's main HOA statute?

The Property Owners' Association Act, codified at O.C.G.A. §44-3-220 through §44-3-235. It's the primary statute governing planned communities in Georgia other than condominiums, which fall under a separate condominium act.

Does the Georgia POA Act automatically apply to every HOA?

No — this is the biggest thing that catches people off guard. The POA Act is opt-in: it only governs a community if the declaration expressly elects to be covered by it. An association that never opted in operates under its own declaration, general nonprofit-corporation law, and case law instead, without the Act's statutory lien priority and other protections.

Does an HOA lien beat my mortgage in Georgia?

For associations that opted into the POA Act, a portion of the association's lien — typically up to six months of unpaid regular assessments — can take priority over even a first mortgage in a foreclosure. That priority doesn't extend to late fees, interest, or attorney's fees tied to the delinquency, only the base assessment amount.

Can a Georgia HOA foreclose without going to court?

No. Georgia POA Act foreclosures are judicial only — the association must file a lawsuit and get a court order, unlike some states that allow a faster non-judicial (power-of-sale) foreclosure. Before SB 406's changes take effect, the unpaid balance generally needs to reach at least $2,000 before the association can file.

Is this the same as Georgia's new 2026 HOA law?

No — they're related but distinct. This page covers the long-standing Property Owners' Association Act baseline. Georgia's SB 406, signed May 12, 2026, is a separate reform that adds mandatory Secretary of State registration and raises the foreclosure floor to $4,000 (or 12 months of assessments, whichever is lower) starting January 1, 2027. See our dedicated guide on the 2026 bill-of-rights changes for what's new and when it takes effect.

This guide is general information, not legal or financial advice. Your association's governing documents and your state's statute control — confirm specifics with a licensed professional.