Georgia · Article POA
Georgia Property Owners' Association Act (opt-in) (O.C.G.A. §§ 44-3-220 to 44-3-235) — Plain-English Summary
Every section of this body of law translated into plain English for Georgia board members and homeowners.
Opt-in and instruments
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§44-3-220
Names this article the Georgia Property Owners' Association Act. It is opt-in. A subdivision HOA is under this Act only if its declaration (or a later amendm…
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§44-3-221
Defines board, common area, common expenses, declarant, declaration (a recorded covenant instrument administered by a mandatory-membership association), lot,…
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§44-3-222
A property owners' development exists when a declaration is recorded under this article, or when a recorded declaration is amended under §44-3-235. Any decla…
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§44-3-223
Compliance with provisions of instrument and with rules and regulations; penalties for noncomplianceLot owners and occupants must follow the instrument, lawful bylaws, and reasonable rules that have been provided to them. After the instrument's notice — or …
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§44-3-224
Co-owners of a lot vote as one; if more than one is present they must agree unless the instrument says otherwise. Votes may be cast in person, by proxy, ball…
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§44-3-226
Unless another section says otherwise, the instrument amends by agreement of owners of lots to which two-thirds of the votes pertain, or a larger majority th…
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§44-3-227
Before submitting to this article the association must be incorporated as a business corporation or a nonprofit membership corporation. The corporate name mu…
Meetings and powers
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§44-3-228
Unless the instrument or bylaws say otherwise, a member-meeting quorum is persons entitled to cast more than one-third of the votes, measured at the start of…
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§44-3-229
If the instrument requires a director or officer to be a lot owner, an entity owner may serve through an officer, partner, or trustee. Losing that affiliatio…
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§44-3-230
Member meetings follow the bylaws and must be called at least annually. Notice is at least 21 days for an annual or regularly scheduled meeting and at least …
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§44-3-231
Unless the instrument prohibits it, an elected-in association may hire agents, improve common area, run architectural control, grant common-area easements, a…
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§44-3-232.1
If the declarant fails to incorporate or keep the annual registration, appoint a board, keep a director-and-officer list, call the annual meeting, prepare th…
Money, liens, and applicability
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§44-3-225
If the instrument says so, expenses that benefit fewer than all lots, or that one occupant caused, may be specially assessed. No lot owner is exempt by aband…
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§44-3-232
In an elected-in association, lawful assessments, fines, and reasonable owner-requested charges are the lot owner's personal obligation and a lien from the m…
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§44-3-233
The article and a recorded instrument are construed in favor of a valid elected-in association. Substantial compliance is enough. Defects can be cured by an …
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§44-3-234
The 20-year clock and other limits in O.C.G.A. §44-5-60(b) and (d)(1), (2), and (4) do not apply to covenants in an instrument created or submitted under thi…
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§44-3-235
This article applies only to property submitted to it. Benefits 'may only be claimed by developments submitted to this article.' It does not govern Georgia C…
Frequently asked about Article POA
- What is Georgia Article POA?
- Georgia Article POA — the Georgia Property Owners' Association Act (opt-in) (O.C.G.A. §§ 44-3-220 to 44-3-235) — is the body of law that governs how every Georgia HOA is structured, operated, and held accountable. It covers governance, voting, records, assessments, fining, and most of the day-to-day legal questions a board will face.
- How many sections are in Article POA?
- Article POA contains 17 sections in this reference. Each is summarized in plain English on its own page, with links to the official text at legis.ga.gov.
- Is the summary on this site legal advice?
- No. These pages are plain-English summaries prepared by SoShiny for board members and managers. For binding legal advice or interpretation of how a section applies to your specific situation, consult a Georgia-licensed attorney.
- How often does Georgia Article POA change?
- The Georgia General Assembly can amend any chapter in any session. We update these summaries when we re-import the official text — see the 'Last updated' date on each section page.
- Does SoShiny enforce Article POA for me?
- No software 'enforces' a statute — but SoShiny is built around it. Voting, meeting minutes, records access, fining workflow, and audit trails are designed to meet this body of law's requirements out of the box, so the board can demonstrate good-faith compliance if challenged.
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