Applicability of article; award of attorney's fees
- Statute:
- Georgia §44-3-235 · Article POA (Georgia Property Owners' Association Act (opt-in) (O.C.G.A. §§ 44-3-220 to 44-3-235))
- Topic:
- General · Application and attorney fees
- Applies to:
- HOA associations
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 Condominium Act associations. Except in a public-safety or property-preservation emergency, before an elected-in association may collect or be awarded attorney's fees it must send certified-mail or statutory-overnight notice identifying the outstanding fines or delinquent fees, give 30 days to pay, and attach an itemized list of reasonable fees; a bench-trial judge must find the fees reasonable before they are awarded. That attorney-fee clock is in force (SB 406 §7, effective 1 July 2026). From 1 January 2027, SB 406 also lets 80 percent of the association vote to submit by recording a certifying instrument.
📄 Read the official text at legis.ga.gov →
How SoShiny helps with Applicability of article; award of attorney's fees
SoShiny is built around the Florida statutes from day one — every feature is included on every plan, with no add-ons or per-document fees. Start your community free and run it the way the statutes expect.
See the feature → Start freeFrequently asked
- What does Georgia §44-3-235 require?
- 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 Condominium Act associations. Except in a public-safety or property-preservation emergency, before an elected-in association may collect or be awarded attorney's fees it must send certified-mail or statutory-overnight notice identifying the outstanding fines or delinquent fees, give 30 days to pay, and attach an itemized list of reasonable fees; a bench-trial judge must find the fees reasonable before they are awarded.
- Who does Georgia §44-3-235 apply to?
- Georgia §44-3-235 applies to HOA associations in Georgia.
- What happens if our HOA doesn't comply with §44-3-235?
- 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 §44-3-235?
- 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 Applicability of article; award of attorney's fees?
- SoShiny is built around the Florida statutes from day one — every feature is included on every plan, with no add-ons or per-document fees. Start your community free and run it the way the statutes expect. Learn more →
Not legal advice. This page is a plain-English summary of Georgia §44-3-235 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 →