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Georgia HOA violation notice checklist
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Use this before a violation letter or a fine goes out. Every item is tagged. “Statute” means it traces to a section quoted word for word at the bottom of the page. “Best practice” is our plain-language suggestion for a fair, easy-to-defend notice. It is not a legal requirement.
Georgia’s statute leaves most of the detail to your own declaration and bylaws, so the first job is to read them. This is a checklist, not a form letter, and not legal advice. Have your attorney review your notice template once.
- StatuteYour declaration or bylaws authorize fines.Under § 44-3-223 the association may impose fines “if and to the extent provided in the instrument.” If the documents are silent, ask your attorney before fining.
- StatuteThe rule being enforced is in the instrument, or is a reasonable rule adopted under it and provided to the owners.A rule the owners were never given is a weak basis for a notice.
- StatuteThe notice period, the fine amount and any hearing step follow your instrument.The sections quoted here set no dollar amount for a fine and no waiting period before one. Take both from your documents.
- StatuteBefore going to court for an injunction, you have given the notice your instrument requires.If the instrument is silent, the statute says ten days’ written notice, with exceptions for a clear and imminent danger or where waiting would make the request moot.
- StatuteThe consequence does not take away access to the home or the vote in board elections.Fines do not impact voting rights, and no suspension for unpaid fines may deny access to the lot or the right to vote in board elections.
- StatuteFrom January 1, 2027: the association is registered with the Secretary of State.An unregistered association may not collect fines or fees from an owner.
- StatuteFrom January 1, 2027: no complaint to the Secretary of State is pending on the same matter.A complaint acts as an automatic stay on collecting fines or fees that are the subject of the complaint or related to it.
- Best practiceThe notice names the owner and the lot as they appear in your records, and the date of the letter.
- Best practiceIt describes what was seen: the date, the place, and a photo or a witness.Stick to facts. “Trash cans were visible from the street on March 3” beats “you never follow the rules.”
- Best practiceIt cites the exact section of the declaration, bylaws or rules.
- Best practiceIt says what the owner can do to fix the problem, and by what date.
- Best practiceIt says what happens next if nothing changes, and what any fine will be, only if your documents allow one.
- Best practiceIt tells the owner how to respond: a contact, a deadline, and any hearing or appeal your instrument provides.
- Best practiceThe tone is neutral. It does not threaten legal action unless your attorney has approved that language.
- Best practiceIt is delivered the way your instrument says, and you keep a dated copy and proof of delivery.
- Best practiceSimilar violations are treated alike, and a director with a personal stake in the matter steps out of the decision.
- Best practiceThe board’s decision is in the minutes, and a follow-up date is on the calendar.
The statute behind this checklist
“If and to the extent provided in the instrument, the association shall be empowered to impose and assess fines, which shall not impact voting rights, to suspend temporarily voting rights for failure to pay regular and special assessments, and to suspend the right of use of certain common areas and services paid for as a common expense in order to enforce such compliance; provided, however, that no such suspension shall deny any lot owner or occupants access to the lot owned or occupied or the right to vote in board elections based on failure to pay outstanding fines.”
“In addition, any lot owner and all those entitled to occupy a lot shall comply with any reasonable rules or regulations adopted by the association pursuant to the instrument which have been provided to the lot owners and with the lawful provisions of the bylaws of the association.”
“After providing notice in accordance with the terms of the instrument, or, if the instrument is silent, ten days’ written notice, the association may pursue injunctive relief without the need or requirement to first pursue or utilize any other remedies, regardless of whether other remedies may be available or might otherwise be adequate, provided that such notice shall not be required in the event of a violation of the instrument or the reasonable rules or regulations adopted by the association that presents a clear and imminent danger to life, person, or property, or for which injunctive relief would become moot if not granted before a notice period as prescribed above would expire.”
“Subject to subparagraph (B) of this paragraph, no owners' association or its agent shall collect fines or fees against any owner, or file or record liens or initiate foreclosure proceedings against any lot unless such owners' association is registered pursuant to this Code section.”
“The filing of a complaint under this subsection shall act as an automatic stay prohibiting the respondent from collecting or attempting to collect from the complainant any fines or fees that are the subject of the complaint or related to the subject of the complaint.”
“Except as provided in subsection (b) of this section, this Act shall become effective on January 1, 2027.”
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.
Questions
- Does Georgia law say how much notice an owner gets before a fine?
- Not in the sections quoted on this page. Section 44-3-223 points to your instrument for fines. It sets ten days’ written notice, if the instrument is silent, before the association pursues injunctive relief, with exceptions for danger and for requests that would become moot.
- Can we shut off an owner’s access to the home or their vote because of unpaid fines?
- No. The statute says no suspension may deny any lot owner or occupant access to the lot or the right to vote in board elections based on failure to pay outstanding fines. It does allow suspending certain common-area use, if and to the extent your instrument provides.
- Do these items apply to a condominium?
- The checklist cites the Property Owners’ Association Act. Condominiums are under a different statute, so ask your attorney which sections apply to you.
- Is this a form letter?
- No. It is a list of what a fair notice should cover. Your attorney can turn it into a template that matches your documents.
Keep reading
- GuideGeorgia HOA owner complaint process (SB 406) for boardsAn owner who says they were damaged by the association’s action or inaction can file a written complaint with the Secretary of State within 180 days.
- 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.
- Free toolSB 406 readiness checkTen yes/no questions. A score and a checklist. Nothing is stored or sent.