Georgia Architectural Review Guide

Key Points

• Architectural review authority in Georgia comes primarily from the recorded declaration, covenants, and rules, supplemented by statute.
• Georgia law does not require a separate Architectural Review Committee; the Board may serve as the ARC unless the governing documents require otherwise.
• When an ARC exists, its authority is limited to what is expressly granted in the governing documents.
• Architectural standards must be applied reasonably, uniformly, and in good faith, and enforcement may not be arbitrary or selectively applied.
• Georgia courts strongly emphasize adherence to the recorded declaration and clear written standards.

Official Statutes & References

• Georgia Property Owners’ Association Act (POAA)
• Georgia Condominium Act
• Georgia Nonprofit Corporation Code (Title 14)
• Georgia Real Property Statutes (Title 44)
• Roberts Rules of Order (Parliamentary Authority)

Process Timeline

1. Submission of Application (Day 0): Homeowner submits a complete architectural application as required by the declaration, covenants, or published architectural guidelines.
2. Completeness Review (Day 0–10): The ARC or Board confirms the application is complete. Incomplete submissions may pause review timelines.
3. Architectural Review (Typically 30 days or as specified in governing documents): The designated decision-making body (Board or ARC) reviews the request against the declaration, architectural standards, and established precedent.
4. Decision Issued (By deadline in governing documents): Written approval, conditional approval, or denial is issued. Decisions must be tied to governing standards in the declaration or rules.
5. Appeal or Resubmission (As defined by governing documents): If permitted by the governing documents, the homeowner may appeal to the Board or resubmit a revised application.

Requirements

Authority & Structure

• The declaration must specify whether a separate Architectural Review Committee is required or whether the Board serves as the ARC.
• If an ARC exists, the declaration or bylaws must define whether the ARC has final authority or is advisory to the Board.
• The Board retains fiduciary responsibility under Georgia nonprofit law even when architectural authority is delegated.

Standards & Decision-Making

• Architectural standards should be written, recorded, or formally adopted as rules.
• Decisions must be reasonable, consistent, and applied uniformly across similarly situated lots.
• Vague or unwritten standards increase enforcement risk under Georgia case law.

Procedural Requirements

• Applications must be reviewed within the timeframes stated in the governing documents.
• Written decisions should be issued and maintained as official association records.
• If no deadline is stated, action is expected within a reasonable time under Georgia common law principles.

Frequently Asked Questions

Is an Architectural Review Committee required in Georgia?

No. Georgia law does not require an ARC. Architectural review authority exists only if created in the governing documents, and the Board may serve as the ARC unless a separate committee is required.

Does the Georgia POAA regulate architectural review?

Indirectly. The POAA governs enforcement powers and association authority, but architectural control itself must come from the declaration.

Can the Board override an ARC decision?

Only if the governing documents grant the Board that authority or make the ARC advisory rather than final.

What happens if the HOA delays an architectural decision?

Some governing documents provide for automatic approval. Even without such language, unreasonable delays may be challenged in court.

Can architectural violations be enforced with fines?

Yes, if authorized by the declaration and enforced in accordance with the Georgia Property Owners’ Association Act.