What your HOA can and can't do under Georgia law — with exact statute citations.
The Georgia Property Owners' Association Act (O.C.G.A. §44-3-220 et seq.) governs HOAs across Georgia and sets clear boundaries on HOA power. In Georgia, your governing documents — CC&Rs and bylaws — play a central role in defining your rights, but state law sets important minimums that your HOA cannot override. If your HOA departed from its own documented process, that departure is itself grounds to challenge any fine.
These are your enforceable rights under O.C.G.A. §44-3-220 et seq. (Georgia Property Owners' Association Act). Each right has a specific statute citation you can use in any dispute letter.
Under the Georgia POAA, HOA fines must be expressly authorized by the declaration, bylaws, or rules. Your HOA cannot impose fines for violations not covered in the governing documents, and cannot charge amounts not authorized in those documents.
O.C.G.A. §44-3-223Before imposing a fine or taking any enforcement action, your HOA must provide notice of the alleged violation. The specific notice process is governed by your CC&Rs — but the HOA must follow whatever process the governing documents require.
Georgia Property Owners' Association Act (O.C.G.A. §44-3-220 et seq.)Georgia HOAs are legally required to act in strict accordance with their own governing documents. If your HOA deviated from the enforcement process set out in the CC&Rs — skipping a required step, using wrong notice methods, or charging unauthorized amounts — that deviation is itself a violation you can use to challenge the fine.
O.C.G.A. §44-3-223Georgia homeowners have the right to inspect and copy association financial records and official books. The HOA must make these records reasonably available to members upon written request.
Georgia Property Owners' Association Act (O.C.G.A. §44-3-220 et seq.)Georgia homeowners have the right to vote on major association decisions as required by the governing documents and the POAA. The board cannot take actions requiring member approval without a proper vote of the membership.
Georgia Property Owners' Association Act (O.C.G.A. §44-3-220 et seq.)These activities are protected by Georgia state law. Any HOA rule or fine that prohibits these things is unenforceable.
This is the required process under Georgia law. If your HOA skipped any step, the fine may be procedurally defective. Steps marked ⚠️ are the ones HOAs most commonly skip.
The most common questions Georgia homeowners ask about their HOA rights.
SB 406, the Georgia Property Owners' Bill of Rights Act, unanimously passed the Georgia Senate on March 4, 2026. If signed into law, it would create a state HOA oversight board under the Secretary of State's office, raise the foreclosure threshold from $2,000 to $4,000 in unpaid dues (excluding fines and fees), require all Georgia HOAs to register annually, and fund staff to investigate homeowner complaints. HOAs that do not register would lose the ability to collect fines, issue liens, or start foreclosure. This is the most significant Georgia HOA reform legislation in years. The bill must still pass the Georgia House before it becomes law.
No. Under O.C.G.A. §44-3-223 and the Georgia Property Owners' Association Act, HOA fines must be expressly authorized by the governing documents. If your HOA fined you for a violation not covered in the declaration, bylaws, or rules — or charged an amount not authorized in a fine schedule — the fine is not properly authorized under Georgia law. Review the governing document provision cited in your fine notice and compare it to the actual text of your CC&Rs.
Georgia's Property Owners' Association Act requires HOAs to act in accordance with their own governing documents, and the specific notice and cure requirements are defined by those documents. Unlike Florida, which mandates a specific 14-day notice period by statute, Georgia relies primarily on the CC&Rs to define the exact notice and cure process. Review your CC&Rs to determine exactly what notice your HOA was required to give before fining you — if they deviated from that documented process, it's a procedural violation.
Start by reviewing your CC&Rs alongside the fine notice. Verify that (1) the violation is covered in the governing documents, (2) the fine amount is in the authorized fine schedule, (3) you received the notice required by your CC&Rs, and (4) you were given an opportunity to cure as required by the CC&Rs. If any step was skipped, document it and send a written dispute letter citing the specific procedural failure. Reference the exact CC&R section that was violated.
Yes. Georgia homeowners have the right to inspect and copy association financial records and official books. Submit a written request to your HOA board or management company identifying the specific records you want to review. The HOA must make records reasonably available to members. If the HOA refuses access to records you are entitled to see, document that refusal in writing — it is itself a violation of your rights.
Georgia HOAs are legally required to operate in strict accordance with their own governing documents under the POAA. If your HOA failed to follow the enforcement process set out in the CC&Rs — such as skipping required notice, denying a cure period, or charging unauthorized amounts — you have strong grounds to challenge the fine. Document every step your HOA skipped and send a detailed written dispute letter citing those specific failures. If the dispute is not resolved, mediation or civil court may be appropriate next steps.
Get your violation score, find procedural errors under Georgia law, and generate a professional dispute letter citing the exact statutes that apply to your case.
Analyze My Violation — Free →Legal Disclaimer: This page is for informational purposes only and does not constitute legal advice. Georgia HOA laws are subject to change and your specific CC&Rs and governing documents may affect your rights. Always consult a licensed Georgia attorney for advice specific to your situation.