Georgia HOA Collections & Dues Guide

Key Points

• Georgia HOAs primarily rely on their recorded covenants, bylaws, and state property law for authority to levy and collect dues.
• The Georgia Property Owners’ Association Act (POAA) provides a statutory framework for associations that opt in.
• Liens and foreclosure rights must be expressly authorized in the governing documents and exercised with strict notice requirements.

Official Statutes & References

• Georgia Property Owners’ Association Act (POAA)
• Georgia Condominium Act
• Georgia Nonprofit Corporation Code
• Georgia HOA Liens & Foreclosure (POAA Section 44-3-232)

Process Timeline

1. Assessment Becomes Due (Day 0): Regular dues or special assessments are levied pursuant to the recorded declaration, bylaws, or adopted budget.
2. Delinquency Begins (Day 1–30): If payment is not received by the due date, the account becomes delinquent under the governing documents.
3. Past-Due Notice (Typically 30+ days): HOA sends written notice of delinquency stating the amount owed, fees, and opportunity to cure.
4. Intent to Lien Notice (At least 30 days before lien): For POAA communities, a statutory notice of intent to file a lien must be sent before recording the lien.
5. Lien Recorded (After notice period): HOA may record a lien against the property if authorized by the declaration and applicable Georgia law.
6. Foreclosure (If Authorized) (After lien + statutory process): HOA may foreclose its lien through non-judicial foreclosure if permitted by the declaration and POAA.

Requirements

Authority to Levy Dues

• Authority must be stated in the recorded declaration
• Annual budgets typically establish regular assessments
• Special assessments must follow declaration procedures

Notice Requirements

• Written notice of delinquency
• Statutory pre-lien notice for POAA associations
• Additional notice before foreclosure as required by law

Fees, Interest, and Costs

• Late fees and interest must be authorized by the governing documents
• Attorney fees and collection costs may be recoverable if allowed
• Charges must be reasonable and consistently applied

Foreclosure Considerations

• Foreclosure authority depends on declaration language
• POAA allows non-judicial foreclosure if properly adopted
• Federal and state consumer protection laws may apply

Frequently Asked Questions

Do all Georgia HOAs fall under the Property Owners’ Association Act?

No. Only associations that expressly opt in through their declaration or amendment are governed by the POAA.

Can a Georgia HOA place a lien for unpaid dues?

Yes, if the declaration authorizes a lien and the HOA follows applicable statutory notice requirements.

Are late fees automatically allowed?

No. Late fees and interest must be authorized by the governing documents or applicable statute.

Can an HOA foreclose for unpaid dues in Georgia?

Possibly. Foreclosure is allowed if authorized by the declaration, and POAA associations may use non-judicial foreclosure after proper notice.