What is the maximum late fee for a Georgia HOA?

The statute allows a late charge not in excess of the greater of $10 or 10 percent of each assessment or installment not paid when due, to the extent the instrument provides for one.

Can the board add a late fee if the declaration is silent?

The statute covers late charges “to the extent that the instrument provides.” Ask your attorney before charging one without that language.

Is interest the same as a late fee?

No. Interest has its own cap: not more than 10 percent per annum.

Does the same limit apply to condominiums?

The Condominium Act sets the same cap for unit owners, for late charges that the condominium instruments provide for.

Collections · Late fees

Georgia HOA late fee limits: the greater of $10 or 10 percent

Updated October 26, 2026 · For volunteer boards

The short version

A Georgia HOA may charge a late fee only to the extent its governing instrument provides for one.
The cap is the greater of $10 or 10 percent of each late assessment or installment.
Interest is a separate item, capped at 10 percent per year.
From 2027, late fees are “specific assessments”: they do not count toward the foreclosure threshold and are paid last.

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.

Start with your declaration

Georgia’s Property Owners’ Association Act does not let a board invent a late fee. The statute adds charges to the owner’s personal obligation and the lien only “to the extent that the instrument provides.” If your declaration or bylaws say nothing about late charges, read them carefully and ask your attorney before you start billing one.

“To the extent that the instrument provides, the personal obligation of the lot owner and the lien for assessments shall also include:”

O.C.G.A. § 44-3-232(b)

The cap

When the documents do allow it, the late charge cannot exceed the greater of two numbers: $10, or 10 percent of the amount of each assessment or installment that was not paid when due. The cap applies to each late installment, not to the owner’s whole balance.

“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;”

O.C.G.A. § 44-3-232(b)(1)

Two quick examples

Made-up numbers, only to show how “greater of” works.

A $60 monthly installment: 10 percent is $6, and $10 is greater, so the cap is $10.
A $250 monthly installment: 10 percent is $25, which is greater than $10, so the cap is $25.

Interest is a different charge

Interest on a late assessment, and on any late charge, runs from the date it was first due and cannot be set higher than 10 percent per annum. A late fee and interest are separate items on the account, and each has its own limit.

Keep them separate in your ledger too. An owner who disputes a balance will ask what part is dues, what part is a late fee and what part is interest, and a board that can answer in one line avoids most escalations. The same breakdown is what you will need for a collections letter or an attorney’s file later.

“At a rate not in excess of 10 percent per annum, interest on each assessment or installment thereof and any delinquency or late charge pertaining thereto from the date the same was first due and payable;”

O.C.G.A. § 44-3-232(b)(2)

What changes in 2027

SB 406 gives fees and fines for late or missed payments a new name: specific assessments. Three consequences follow. They do not count toward the 2027 foreclosure threshold. When an owner pays, they are paid after dues, special assessments and other specific assessments. And an association that is not registered with the Secretary of State may not collect them at all.

In practice, a pile of late fees will not get an account to the foreclosure threshold, and a payment from an owner goes to the dues first.

“Fees or fines for nonpayment, insufficient payment, or untimely payment of any assessment or for violation of a covenant of the owners' association.”

O.C.G.A. § 43-17A-1(10)(B) (SB 406 § 2)

“Other fees and fines.”

O.C.G.A. § 43-17A-8(a)(4)

Writing a policy that holds up

Boards that adopt a written policy have fewer arguments.

Quote the declaration section that authorizes a late charge.
State the amount as a formula that cannot exceed the cap.
Say when an installment is late and when the fee applies.
Apply it the same way to every owner and keep a record of each charge.

What to do next

1Find the late-charge language in your declaration and bylaws.
2Check your current fee against the greater of $10 or 10 percent of the installment.
3Write the policy down, adopt it at a meeting and record it in the minutes.
4Confirm your interest rate is no more than 10 percent per year.
5Plan for the 2027 payment order and the foreclosure threshold.

What HomeownerHub does about this

No late fee is charged until the board saves a late-fee policy. Georgia’s cap is checked when the policy is saved, and a policy over the cap cannot be saved.

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

What is the maximum late fee for a Georgia HOA?: The statute allows a late charge not in excess of the greater of $10 or 10 percent of each assessment or installment not paid when due, to the extent the instrument provides for one.
Can the board add a late fee if the declaration is silent?: The statute covers late charges “to the extent that the instrument provides.” Ask your attorney before charging one without that language.
Is interest the same as a late fee?: No. Interest has its own cap: not more than 10 percent per annum.
Does the same limit apply to condominiums?: The Condominium Act sets the same cap for unit owners, for late charges that the condominium instruments provide for.

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