Georgia's two main statutes are the Georgia Property Owners' Association Act (O.C.G.A. § 44-3-220 through § 44-3-235) and the Georgia Condominium Act (O.C.G.A. § 44-3-70 through § 44-3-117). Importantly, the Property Owners' Association Act is "opt-in": an association is only governed by it if its declaration expressly submits the community to the Act. Communities that have not opted in are governed primarily by their recorded covenants under general Georgia property and contract law. Because most associations are incorporated as nonprofit corporations, the Georgia Nonprofit Corporation Code (O.C.G.A. Title 14, Chapter 3) also applies to how the association operates, holds meetings, elects directors, and keeps records.
A notable Georgia feature: community association management is a regulated activity. Unless an exemption applies, a company providing management services to a mandatory-membership association with common property must work through a real estate broker licensed by the Georgia Real Estate Commission, and managers typically hold a Community Association Manager (CAM) license. The HOA Managers works within these requirements, pairing a local community manager with our central administrative team.
An association's own governing documents — the declaration of covenants, conditions, and restrictions (CCRs), the bylaws, the articles of incorporation, and any recorded plat — work together with these statutes and generally control day-to-day matters as long as they do not conflict with state law. Federal laws, including the Fair Housing Act, the Americans with Disabilities Act, and the Fair Debt Collection Practices Act, also apply.
Official and third-party sources: Official Code of Georgia Annotated, Title 44, Chapter 3 (Property Owners' Association Act and Condominium Act) and Title 14, Chapter 3 (Nonprofit Corporation Code) at law.justia.com/codes/georgia and www.legis.ga.gov; the Georgia Real Estate Commission at grec.state.ga.us; and the Georgia state law summary at hoa-usa.com/state-laws/georgia. This overview is general information, not legal advice; consult a Georgia attorney for questions about your association.
