Georgia POAA

Following a trend across the county, in 1994 the Georgia Legislature adopted the Georgia Property Owners Association Act, OCGA § 44-3-220, et.seq. The Act is elective, meaning associations decide whether to subject their developments to the statutory scheme. Associations “opt-in” by recording a declaration, or amending an existing declaration, expressly electing to be governed by the Act. See OCGA § 44-3-222. The Act provides numerous benefits that make such an election particularly advantageous. Among others, the Act (a) establishes an automatic statutory lien for unpaid assessments and other charges thereby eliminating the need to file paper liens in the public records; (b) creates joint and several liability among buyers and sellers for assessments due at the time of sale thereby motivating buyers and their mortgage lenders to ensure all unpaid assessments are satisfied at or before closing; (c) gives associations the right to charge late fees and interest for delinquent assessments and to collect reasonable attorney’s fees incurred when legal action is taken against delinquent owners; and (d) provides associations the ability to foreclose assessment liens.