HOA and condo association foreclosure in Georgia

HOA and condo collection rules in Georgia, step by step

• Which law covers your community

  Check your declaration

  Condominiums fall under the Georgia Condominium Act (O.C.G.A. 44-3-70 and following). The Georgia Property Owners' Association Act (44-3-220 and following) covers only communities whose recorded declaration, or an amendment to it, says the community elects to be governed by that Act. Many Georgia HOAs never opted in, so their lien and collection rights come from their recorded covenants, and you should read your declaration and collection policy closely.

  O.C.G.A. §§ 44-3-222, 44-3-235(a); O.C.G.A. § 44-5-60(d)(6)

• An automatic lien, with no recording needed

  From the day an assessment is due

  Under both Acts, sums the association lawfully assesses, including fines, are your personal debt and a lien on your unit or lot from the time they are due. The recorded declaration counts as notice, so no separate claim of lien has to be filed. If your documents allow it, the lien can also include a late charge up to the greater of $10 or 10 percent of each late amount, interest up to 10 percent a year, collection costs and reasonable attorney's fees actually incurred.

  O.C.G.A. §§ 44-3-109(a), (b), 44-3-232(a), (b)

• Notice, a $2,000 minimum, then a court case

  At least 30 days after a certified mail notice

  The association must send notice by certified mail or overnight delivery to the unit or lot address and to any other address you gave it in writing, stating the assessments due, late charges and the interest rate. At least 30 days later it can foreclose by filing a lawsuit and getting a judgment and court order. No foreclosure case is allowed unless the lien is at least $2,000, and the lien lapses 4 years after an assessment came due.

  O.C.G.A. §§ 44-3-109(c), 44-3-232(c)

• Property owners' associations: higher bar from January 1, 2027

  Starts January 1, 2027

  For communities under the Property Owners' Association Act, Senate Bill 406 stretches the notice period to 60 days, and the notice must say that paying the amount before the 60th day after you receive it ends the right to foreclose. The minimum becomes the lesser of $4,000 or 12 months of regular assessments in arrears, but never less than $2,000, and fines, fees and charges billed to one owner do not count toward it. The lien will lapse after 6 years instead of 4. The bill did not change the condo lien section.

  O.C.G.A. § 44-3-232(c), as amended by 2026 Ga. Laws Act 715 (SB 406) §§ 5, 9

• 30 days to pay before attorney's fees

  Lawsuits filed on or after July 1, 2026

  Before an association under the Property Owners' Association Act can collect or be awarded attorney's fees, it must send you a written notice by certified mail or overnight delivery listing the unpaid fines or fees, give you 30 days from receipt to pay, and give an itemized list of the attorney's fees it claims. A judge hearing the case without a jury must review the fees and enter an order saying whether they were reasonable. There is an exception for emergencies involving public safety or protecting property.

  O.C.G.A. § 44-3-232(f), (g), added by 2026 Ga. Laws Act 715 (SB 406) §§ 7, 9(b)

• No priority over your first mortgage

  At any foreclosure sale

  The association's lien ranks behind property taxes, a first mortgage, any mortgage recorded before the declaration, and some second purchase money mortgages. An association foreclosure is subject to those liens, so your mortgage stays on the home. If your lender forecloses instead, the buyer is not liable for assessments from before it took title, and that unpaid share is spread among all owners.

  O.C.G.A. §§ 44-3-109(a), (c), 44-3-80(f), 44-3-232(a), (c), 44-3-225(d)

• Registration, partial payments and complaints from 2027

  Starts January 1, 2027

  A new Chapter 17A of Title 43 covers condo and homeowners associations with recorded covenants. An association must register with the Secretary of State before it can collect fines or fees, record liens or start a foreclosure. It must apply your payments to regular dues first, cannot refuse a payment in any amount for an assessment, and cannot accelerate future assessments. You can file a complaint with the Secretary of State within 180 days, which pauses collection of the fines or fees in dispute until the hearing officer rules.

  O.C.G.A. §§ 43-17A-1, 43-17A-2(a), 43-17A-5, 43-17A-8 (2026 Ga. Laws Act 715)

Common questions in Georgia