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⚖️ Know Your Rights: Georgia HOA Laws Every Homeowner Should Know

  • Writer: Nicole Reeves
    Nicole Reeves
  • May 13
  • 2 min read

Dealing with an HOA can feel like you’re up against a wall — especially when the board seems to make up rules as they go. But in Georgia, you have more rights than you think.

Whether you’re dealing with surprise fines, shady budgets, or a board that thinks it's above the law, here are the Georgia HOA laws every homeowner should have in their back pocket.


📜 1. Georgia Property Owners’ Association Act (POAA) — O.C.G.A. § 44-3-220 to § 44-3-235

If your HOA or POA has adopted the POAA in its governing documents (and many have), this law governs how they operate — and limits what they can do.


✅ Homeowner Protections:

  • Requires annual budget disclosure

  • Requires fair notice before fines

  • Guarantees your right to a hearing before penalties

  • Allows you to request financial records and meeting minutes


📌 Tip: Check your governing documents to see if your association is officially under the POAA. If they are, they must comply.


📄 2. Right to Review Records — O.C.G.A. § 14-3-1602

Even if your HOA hasn’t adopted the POAA, Georgia’s Nonprofit Corporation Code still applies.

You have the right to inspect important documents like:
  • Budgets

  • Meeting minutes

  • Bylaws

  • Member lists

And you don’t need permission — just a good-faith, written request.


🏠 3. Foreclosure Protection — O.C.G.A. § 44-3-232

Yes, your HOA can place a lien for unpaid dues — but they cannot just take your house.


⚠️ Here's what they’re required to do:

  • Provide written notice of the lien

  • Go through a legal foreclosure process

  • Allow you a chance to challenge the amount

If they skip any of this? You may have grounds to fight it.


📢 4. Due Process Before Fines — O.C.G.A. § 44-3-223(b)

Before your HOA can legally fine you, they must:

  1. Send written notice of the violation

  2. Offer a hearing so you can defend yourself

  3. Give you reasonable time to correct the issue

If they fine you without going through these steps — you can dispute the fine.

🗳️ 5. Board Elections & Accountability

Here’s what a lot of homeowners don’t realize:

There is no law in Georgia that allows your HOA board to avoid holding regular elections — unless your governing documents say otherwise (and even then, it’s challengeable).

If your board hasn’t held an election in years, keeps recycling the same people, or changes bylaws without notice — that may be a violation.


🧠 Knowledge = Power

The more you understand Georgia law, the harder it becomes for your HOA to manipulate the rules or hide behind vague policies.

📌 Always keep copies of your HOA’s bylaws, covenants (CC&Rs), and meeting notices. If they deny you access to records or fine you without due process, you can fight back.


💬 Let’s Keep the Conversation Going

Have you been fined without a hearing?Has your HOA refused to share records?Has your board skipped elections for years?

📩 Share your experience — I want your voice to be heard.

 
 
 

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Hi, thanks for stopping by!

I'm Nicole Reeves — a homeowner, educator, and relentless advocate for HOA accountability. After facing harassment and retaliation in my own neighborhood, I created Home Sweet Headache to shine a light on the abuse so many are afraid to talk about. This blog is my protest, my platform, and my promise to never stay silent again.

Let the posts come to you.

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