Assessments against lot owners as constituting lien in favor of association; additional charges against lot owners; procedure for foreclosing lien; obligation to provide statement of amounts due
- Statute:
- Georgia §44-3-232 · Article POA (Georgia Property Owners' Association Act (opt-in) (O.C.G.A. §§ 44-3-220 to 44-3-235))
- Topic:
- Assessments · Lien and foreclosure
- Applies to:
- HOA associations
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 moment they fall due. Recording the declaration is notice of the lien. If the instrument allows, the lien may include a late charge of the greater of $10 or 10 percent, interest not over 10 percent per year, collection costs, and fair rental value. As of 23 August 2026, foreclosure still needs 30 days' certified-mail or statutory-overnight notice and a lien of at least $2,000; the lien lapses four years after the assessment first came due; a payoff statement is due in five business days. From 1 January 2027, SB 406 changes this section only: 60 days' notice, a foreclosure floor of the lesser of $4,000 or 12 months of regular assessments (not less than $2,000, and specific assessments/fines/fees do not count), and a six-year lapse. Do not run the 2027 numbers until that date.
📄 Read the official text at legis.ga.gov →
How SoShiny helps with Assessments against lot owners as constituting lien in favor of association; additional charges against lot owners; procedure for foreclosing lien; obligation to provide statement of amounts due
SoShiny is built around the Florida statutes from day one. The features that help you comply with this section are part of every plan — no add-ons, no per-document fees.
See the feature → Start freeFrequently asked
- What does Georgia §44-3-232 require?
- 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 moment they fall due. Recording the declaration is notice of the lien. If the instrument allows, the lien may include a late charge of the greater of $10 or 10 percent, interest not over 10 percent per year, collection costs, and fair rental value.
- Who does Georgia §44-3-232 apply to?
- Georgia §44-3-232 applies to HOA associations in Georgia.
- What happens if our HOA doesn't comply with §44-3-232?
- Non-compliance can expose the association and individual directors to disputes in the governing forum for Georgia community associations. SoShiny's audit trail and documented workflows are designed to demonstrate good-faith compliance.
- Where can I read the official text of Georgia §44-3-232?
- The official text is published by the Georgia General Assembly at legis.ga.gov. The summary on this page is for plain-English reference only and is not legal advice.
- How does SoShiny help with Assessments against lot owners as constituting lien in favor of association; additional charges against lot owners; procedure for foreclosing lien; obligation to provide statement of amounts due?
- SoShiny is built around the Florida statutes from day one. The features that help you comply with this section are part of every plan — no add-ons, no per-document fees. Learn more →
Not legal advice. This page is a plain-English summary of Georgia §44-3-232 prepared by SoShiny for board members and managers. For binding legal advice or interpretation, consult a Georgia-licensed attorney. For the official statutory text, see the link above.
Stay current on Georgia association law.
Get the free quick-reference guide plus a heads-up when the statutes that govern your community change.
Don’t run your HOA on spreadsheets.
Start your community free →