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WalterK2 (Georgia)
Posts: 1
Posted:
Our subdivision is in the state of Georgia.

The covenants were created in 2002 and amended in 2007.

Nowhere in the covenants Georgia Property Owners Association Act reference. All covenants use "HOA". To my knowledge no declaration to elect to follow that act has been filed.

In lieu of that, is there a URL to a specific code/act/law that our association should be following?

Thanks.

Walt
MaxB4
Posts: 3,513
Posted:
https://communityassociations.net/georgia-resources/
AugustinD
Posts: 3,698
Posted:
Quote:
Posted By WalterK2 on 03/08/2022 5:49 AM
Our subdivision is in the state of Georgia. The covenants were created in 2002 and amended in 2007. Nowhere in the covenants Georgia Property Owners Association Act reference. All covenants use "HOA". To my knowledge no declaration to elect to follow that act has been filed. In lieu of that, is there a URL to a specific code/act/law that our association should be following?

I checked the Georgia Property Owners' Association Act. The Act appears to me to be clear that a Georgia HOA's governing documents must expressly cite the Georgia POA Act for the HOA to be subject to it.

Do check the Articles of Incorporation and make sure they too are silent about the Georgia POA Act.

If your HOA is a corporation, then it is subject to the Georgia Nonprofit Corporation Act. You can google and find it. This would be the main statute that controls your HOA's operations. Other statutes are highly tangential. E.g. debt collection statutes.
KatherineR1 (Georgia)
Posts: 1
Posted:
We are also in GA. Unless your docs specifically cite the POA, you are subject to the GA Nonprofit code. We are working on getting an amendment to change to the POA.

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