How do I dispute an HOA assessment or fine in Georgia?
Georgia is unusual because HOA coverage under the Property Owners' Association Act is opt-in — the association must record an instrument submitting itself to POAA.
1. Governing Statute
2. CC&Rs and Bylaws
Covenants must be recorded and run with the land. POAA opt-in extends covenant duration in 20-year increments and provides statutory powers (§ 44-3-232). Restrictive covenants are construed strictly against enforcement when ambiguous (Atlanta Country Club v. Smith, 217 Ga. App. 515).
3. Common Disputes
Architectural and exterior changes, fencing, landscape, parking, pets, leasing restrictions (Atlanta market trend toward retroactive caps — enforceable if covenant authorized amendment), assessment increases, fines, and late charges.
4. Internal Dispute Resolution
Under POAA, the board may impose reasonable charges including monetary fines if the association first gives the owner notice and an opportunity to be heard, in person or in writing, before the board or a committee (§ 44-3-223). Non-POAA HOAs must follow the covenant procedures, which usually include similar notice and hearing rights.
5. Alternative Dispute Resolution
ADR is not mandated by statute. Many declarations require mediation under the Georgia Arbitration Code (O.C.G.A. §§ 9-9-1 to 9-9-18) before suit.
6. Lien & Foreclosure
The association has a statutory lien for unpaid assessments (§ 44-3-109 condos; § 44-3-232 POAA). For condos, up to 6 months of assessments (or the maximum monthly assessment for that period) has priority over a first mortgage — Georgia super-lien under § 44-3-109(c). Foreclosure is judicial in Georgia; the association files in superior court. Non-POAA HOAs have only contract-based liens; foreclosure requires a judgment first.
7. Open Meeting & Record Inspection
Condo unit owners have access to financial records, minutes, and contracts (§ 44-3-77). POAA HOAs allow record inspection during business hours (§ 44-3-231). Board meetings are typically open to members per bylaws.
8. Statutory Caps
Solar energy collectors cannot be prohibited (O.C.G.A. § 44-5-60(d)(8) — Solar Easement Act limits covenant restrictions). Flag display (federal Freedom to Display Act). Satellite dishes (federal OTARD). Georgia does not currently have a statewide EV-charging-in-HOA statute.
9. Lawsuit Remedies
Declaratory judgment (O.C.G.A. § 9-4-1), injunction, breach of fiduciary duty against directors (Georgia business judgment rule applies), and prevailing-party attorney's fees if covenant or POAA authorize (§ 44-3-232(b)(1)).
This is legal information, not legal advice.
- Lien recorded and foreclosure suit filed in superior court
- Amendment to covenants imposing retroactive leasing or use restrictions
- Selective enforcement claims with discrimination overtones
- O.C.G.A. §§ 44-3-70 to 44-3-117 (Condominium Act)
- O.C.G.A. §§ 44-3-220 to 44-3-235 (POAA)
- O.C.G.A. § 44-3-109 (condo super-lien)
- O.C.G.A. § 44-3-223 (notice & hearing)
- O.C.G.A. § 44-5-60 (Solar Easement)
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.