Which law applies
Georgia condo vs HOA law: which statute governs your association?
Updated · For volunteer boards
The short version
- Condominium associations are governed by Article 3 of Chapter 3 of Title 44. Neighborhood HOAs are usually governed by Article 6.
- Article 6 says it does not apply to Article 3 associations, with one exception for mixed developments.
- SB 406’s new Chapter 43-17A (registration, owners’ rights, the complaint process) covers both kinds.
- SB 406 also rewrites the foreclosure subsection of Article 6. The Article 3 text we hold has not been changed.
Not legal advice. This page is general information for volunteer boards. It is not legal advice, and laws and documents differ. Ask your association’s attorney before you act on it.
Two statutes, two kinds of association
Georgia’s Condominium Act is Article 3 of Chapter 3 of Title 44 of the Code. The Property Owners’ Association Act is Article 6 of the same chapter. Your declaration says which law the association was created under, and your attorney can confirm it.
The Property Owners’ Association Act says plainly that it does not apply to Condominium Act associations, except where a property owners’ development includes a condominium together with other real property.
“This article shall not apply to associations created pursuant to Article 3 of this chapter, the “Georgia Condominium Act,” except to the extent that a property owners’ development created under this article includes a condominium, together with other real property, as provided in paragraph (9) of Code Section 44-3-221.”
What SB 406 treats the same
The new Chapter 43-17A defines an owners’ association broadly, and names both kinds. So registration with the Secretary of State, the twelve owners’ rights and the complaint process apply to condominium associations and neighborhood HOAs alike.
“including, but not limited to, associations formed pursuant to Articles 3 and 6 of Chapter 3 of Title 44 and; provided, however, that such term shall not include nonregistered owners' associations.”
Where the two statutes differ on collections
The collections rules sit in different sections. For a condominium, § 44-3-109 covers the lien for assessments. For a POA, § 44-3-232 does. Some of the old text is the same: both cap a late charge at the greater of $10 or 10 percent, for example.
“To the extent that the condominium instruments provide, the personal obligation of the unit owner and the lien for assessments shall also include:”
“A late or delinquency charge not in excess of the greater of $10.00 or 10 percent of the amount of each assessment or installment thereof not paid when due;”
The foreclosure rules compared
SB 406 rewrites § 44-3-232(c), which is in Article 6. The notice period, the minimum lien and the lien’s lifespan change there on January 1, 2027. In the Condominium Act text we hold, § 44-3-109(c) still reads as follows.
“Not less than 30 days after notice is sent by certified mail or statutory overnight delivery, return receipt requested, to the unit owner both at the address of the unit and at any other address or addresses which the unit owner may have designated to the association in writing, the lien may be foreclosed by the association by an action, judgment, and foreclosure in the same manner as other liens for the improvement of real property”
“No foreclosure action against a lien arising out of this subsection shall be permitted unless the amount of the lien is at least $2,000.00.”
“The lien for assessments shall lapse and be of no further effect, as to assessments or installments thereof, together with late charges and interest applicable thereto, four years after the assessment or installment first became due and payable.”
The comparison at a glance
Based on the statute text quoted on this site. Confirm the current Code with your attorney.
- Notice before foreclosure: condominium 30 days; POA 30 days until December 31, 2026, then 60 days.
- Minimum lien: condominium $2,000; POA $2,000 until 2026, then the lesser of $4,000 or 12 months of regular assessments, never under $2,000.
- Lien lifespan: condominium four years; POA four years until 2026, then six.
- Late charge cap: the same in both, the greater of $10 or 10 percent.
- Registration, owners’ rights and complaints under Chapter 43-17A: both.
If you are not sure
Mixed communities exist: a development with townhomes under a POA declaration and a condominium building inside it, for instance. If you cannot tell from the documents, ask the association’s attorney which statute governs which part before you rely on a deadline from either one.
What to do next
- 1Read the first pages of your declaration for the statute it invokes.
- 2Ask your attorney to confirm, in writing, whether you are under Article 3, Article 6 or both.
- 3List the deadlines that apply to you, using the right column above.
- 4Register with the Secretary of State on the same schedule either way.
What HomeownerHub does about this
- For an association set up as a condominium, the Compliance page follows the Georgia Condominium Act: 21 days’ notice of the annual meeting, the records rules, insurance minimums, and the statement of amounts due within five business days.
- The collections-letter page drafts the condominium notice before foreclosure (30 days, $2,000 floor) and applies the condominium late-charge and interest caps. The board approves every letter.
The board approves every draft. HomeownerHub prepares paperwork and cites the law; it does not file for you or give legal advice.
Frequently asked questions
- Is a Georgia condo association an HOA?
- In everyday speech yes, but in law condominiums are governed by the Condominium Act, Article 3, rather than the Property Owners’ Association Act, Article 6.
- Does SB 406 apply to condominiums?
- The new Chapter 43-17A defines owners’ associations to include associations formed under Articles 3 and 6, so its registration, rights and complaint provisions reach condominiums.
- Does the 60-day foreclosure notice apply to condos?
- SB 406 rewrites the Article 6 subsection. The Article 3 text we quote reads 30 days. Ask your attorney whether anything else has changed.
- Which statute governs a townhome community?
- It depends on how it was created. Read the declaration and ask your attorney.
Keep reading
- GuideGeorgia HOA registration 2027 (SB 406): a guide for boardsFrom January 1, 2027, an owners’ association must be registered with the Georgia Secretary of State, or must opt out in writing.
- GuideGeorgia HOA late fee limit: what the law allowsA Georgia HOA may charge a late fee only to the extent its governing instrument provides for one.
- GuideGeorgia HOA foreclosure threshold 2027 (SB 406) explainedUntil December 31, 2026: 30 days’ notice, a $2,000 minimum lien, and a four-year lien.
- Free toolSB 406 readiness checkTen yes/no questions. A score and a checklist. Nothing is stored or sent.