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HOA Covenants in Georgia
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hoa-covenants-georgia.md

HOA Covenants in Georgia: A Comprehensive Guide

1. Introduction to HOA Covenants in Georgia

Homeowners' Association (HOA) covenants in Georgia are legally binding documents that establish the rules, restrictions, and governance framework for planned communities. These covenants, also known as CC&Rs (Covenants, Conditions, and Restrictions), are crucial for maintaining property values, community standards, and shared amenities.

In Georgia, HOA covenants must be properly recorded and maintained to be legally enforceable. This guide provides comprehensive information about HOA covenants in Georgia, including their legal framework, common provisions, how to access them, and resources for further research.

2. Legal Framework and Requirements

2.1 Georgia Property Owners' Association Act (POAA)

The Georgia Property Owners' Association Act (POAA), adopted in 1994, is the primary law governing HOAs in Georgia. HOAs can choose to "opt-in" to this act, which provides specific powers and protections.

Key features of the POAA include:

  • Automatic statutory liens for unpaid assessments
  • Perpetual covenant duration (overriding the 20-year default expiration)
  • Enhanced enforcement mechanisms for HOA rules
  • Specific requirements for governance and operations

To submit to the POAA, an association must record a declaration or amend its current one, explicitly electing to organize under the POAA.

2.2 Covenant Enforceability Requirements

For HOA covenants to be legally enforceable in Georgia:

  1. Recording Requirement: Covenants must be recorded with the county land records where the property is located.
  2. Legal Compliance: Covenants must not conflict with existing federal or state laws.
  3. Duration Provisions: By default, covenants expire after 20 years (per Georgia Code Section 44-5-60(b)) unless:
    • The community has opted into the POAA, allowing covenants to run perpetually
    • The covenants include specific renewal provisions (often with 10-year automatic renewal intervals)
  4. Amendment Limitations: Under Georgia Code § 44-5-60(d)(4), a property owner who has not consented in writing to an amendment imposing a new, more restrictive covenant is not required to follow that amendment.

2.3 Corporate Status Requirement

Georgia HOAs must establish themselves as either:

  • Non-profit corporations (governed by Georgia Nonprofit Corporation Code)
  • For-profit corporations (governed by Georgia Business Corporation Code)

This corporate status provides the legal framework for the association's operations.

3. Document Structure and Common Provisions

3.1 HOA Governing Documents Hierarchy

Georgia HOA governance typically involves the following documents, in order of precedence:

  1. Articles of Incorporation: Filed with the Georgia Secretary of State, establishing the association as a legal entity
  2. Declaration of Covenants, Conditions, and Restrictions (CC&Rs): The primary governing document recorded with county land records
  3. Bylaws: Rules for the operation of the association, including board composition, meetings, and voting procedures
  4. Rules and Regulations: More specific guidelines for community living that can be modified more easily than the declaration

3.2 Common Covenant Provisions in Georgia

Georgia HOA covenants typically include:

  1. Architectural Controls:

    • Exterior paint color limitations
    • Building material requirements
    • Modifications requiring approval

  2. Property Use Restrictions:

    • Fence type and height limitations
    • Landscaping requirements
    • Vehicle parking regulations
    • Pet restrictions (types, numbers, leash requirements)
    • Short-term rental limitations

  3. Financial Obligations:

    • Regular assessment procedures
    • Special assessment provisions
    • Late payment penalties
    • Collection procedures and lien rights

  4. Governance Structure:

    • Board composition and election procedures
    • Meeting requirements
    • Voting rights of members

3.3 Georgia-Specific Restrictions on HOA Authority

Georgia law limits HOA covenant authority in several areas:

  1. Protected Activities:

    • Display of American flags (if displayed according to federal flag display law)
    • Installation of antennas and satellite dishes (with reasonable guidelines)

  2. Non-Discrimination Requirements:

    • Covenants cannot discriminate based on protected classes (race, age, national origin, religion, color, familial status, or disability)
    • "Exclusionary covenants" preventing sales or leases to protected classes are prohibited

4. Accessing HOA Covenant Documents

4.1 County Land Records

HOA covenants must be recorded with the county land records office where the property is located. These records can be accessed by:

  1. Visiting the county recorder's office in person
  2. Using county-specific online portals (where available)
  3. Requesting copies by mail (fees may apply)

4.2 Georgia Superior Court Clerks' Cooperative Authority (GSCCCA)

The GSCCCA maintains a centralized Real Estate Index that allows searching for recorded documents, including HOA covenants, across multiple counties in Georgia.

Access is available through their online portal:

4.3 Requesting from HOA Management

Property owners can request copies of all governing documents from:

  • The HOA board of directors
  • The HOA management company
  • Their closing attorney (for recent purchases)

Georgia law requires associations to maintain certain records related to the association and make them available to members upon request.

5. Sample Documents and Resources

5.1 Gwinnett County Sample Documents

Gwinnett County provides sample HOA covenants and bylaws that have been filed with the Superior Court. These examples show the typical structure and content of HOA governing documents in Georgia:

  • Declaration of Covenants examples (PDF format)
  • Homeowners Association Bylaws examples (PDF format)

These documents can be accessed at: https://www.gwinnettcounty.com/services/homeownersassociations/sampledocuments

5.2 Additional Resources

For those seeking to understand or create HOA covenants in Georgia:

  • The "Georgia Real Estate Forms" book available in many county law libraries
  • Legal assistance from attorneys specializing in HOA law
  • Georgia Property Owners' Association Act (O.C.G.A. § 44-3-220 et seq.)
  • Georgia Nonprofit Corporation Code (if organized as nonprofit)

6. Citations and References

  1. Georgia Superior Court Clerks' Cooperative Authority. "Search Real Estate Records | GSCCCA." https://search.gsccca.org/RealEstate/

  2. Gwinnett County. "Sample Documents - Gwinnett | Gwinnett County." https://www.gwinnettcounty.com/services/homeownersassociations/sampledocuments

  3. Homeowners Protection Bureau, LLC. "Georgia HOA Laws, Rules, Resources & Information." https://www.hopb.co/georgia

  4. DoorLoop. "Georgia HOA Laws: A Comprehensive Guide." https://www.doorloop.com/laws/georgia-hoa-laws

  5. Steadily. "Georgia HOA Laws and Regulations - 2025 Guide." https://www.steadily.com/blog/georgia-hoa-laws-regulations

  6. Lueder, Larkin & Hunter. "Duration of covenants: A survey of Georgia Law." https://www.luederlaw.com/duration-of-covenants-a-survey-of-georgia-law/

  7. HOA-USA. "HOA Laws Georgia | GA Homeowners Association Laws, Rules, Regulations & Statutes." https://hoa-usa.com/state-laws/georgia/

  8. First Service Residential. "Georgia HOA bylaws: A complete guide." https://www.fsresidential.com/georgia/news-events/articles/6-steps-to-updating-your-homeowners-association-by/

  9. Lazega & Johanson. "Georgia Property Owners' Association Act." https://ljlaw.com/georgia-property-owners-association-act/

  10. NowackHoward. "A Guide to Georgia Property Owners' Association Act (POAA)." https://nowackhoward.com/georgia-poaa/

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