Georgia guide
Georgia HOA document review
Georgia HOA document review operates in an unusually contract-first environment. The Property Owners' Association Act (POAA, O.C.G.A.
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§44-3-220 et seq.) applies only when the community's declaration opts in. There is no statutory resale-disclosure regime for HOAs, no central registration (until SB 406 takes effect January 1, 2027), and no state HOA ombudsman. The declaration is the contract; the seller provides what the contract requires and little else by default.
Verify POAA applicability first
The first threshold question: did the community opt into the POAA? If yes, statutory provisions on assessment liens (§44-3-232), foreclosure procedure, and amendment voting apply. If no, governance lives entirely in the declaration, bylaws, and corporate-law backstop (Title 14, Chapter 3). Verify by reading the declaration for explicit reference to O.C.G.A. §44-3-220 et seq.
What to request from a Georgia HOA seller
Declaration and amendments, bylaws, articles of incorporation, current rules, current dues statement, current operating budget, recent financial statements, master policy and any insurance policies maintained by the association, dues delinquency rate, board minutes from the last 18+ months, and confirmation of POAA opt-in status. The POAA-out community may not voluntarily provide much of this — make documentation a contract requirement.
Records access under nonprofit corporate law
Most Georgia HOAs are nonprofit corporations subject to Title 14, Chapter 3. Members have statutory rights to inspect records — articles, bylaws, minutes, accounting records — on reasonable notice. The POAA codifies similar rights for opted-in HOAs. How the board handles a test records request is itself a governance signal.
Reserve and special-assessment exposure
The POAA imposes no reserve obligation. HOAs are free to operate with little or no reserve cushion, which is legal but materially increases future special-assessment probability. Read the budget, the reserve balance (if any), and the last 24 months of minutes for capital-planning discussions and any approved or discussed assessments.
Georgia legal references
- O.C.G.A. §44-3-220 et seq. — Property Owners' Association Act
- O.C.G.A. §14-3 — Georgia Nonprofit Corporation Code
- SB 406 (2026) — Property Owners' Bill of Rights (effective 2027)
Informational only. Not legal advice. Always confirm against current statute and counsel.
Need help applying these Georgia statutes to your specific situation? We can connect you with state-licensed counsel and specialists familiar with this exact regulatory environment.
Find a Georgia specialist →Reviewer's checklist
- Verify whether the declaration opts into the POAA (O.C.G.A. §44-3-220)
- Request declaration, amendments, bylaws, articles, and current rules
- Request current dues statement and recent operating budget
- Request recent financial statements and dues delinquency rate
- Request the master policy if one exists
- Request 18+ months of board and annual meeting minutes
- Submit a test records request under Title 14 / POAA
- Confirm whether the association is preparing for SB 406 registration
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Upload condo or HOA documents for a free risk review. We read reserve studies, budgets, meeting minutes, insurance summaries, and assessment exposure — every finding linked to the exact page.
Expert Matching
Need a real estate lawyer or mortgage specialist?
We can connect you with vetted real estate lawyers, mortgage brokers, and insurance brokers familiar with the specifics of condo and HOA transactions.
- HOA lawyer
- Mortgage broker
- Insurance broker