HOA Rules in Clayton County, GA (2026)

3 rules for unincorporated Clayton County, Georgia.

Verified from official government sources

Note: These county rules apply to unincorporated areas of Clayton County. If you live within an incorporated city, that city's own rules apply: see the city list below.

Assessment & Dues

Clayton County's subdivision ordinance makes homeowners association dues mandatory, not optional: Sec. 86-139(c) says 'homeowner association dues shall be collected regardless of the status of the association,' with the money earmarked for maintaining the subdivision's common areas, even if the association itself has stopped functioning.

Clayton County HOA Dues Keep Being Collected

Some Restrictions

Code of Clayton County, GA Sec. 86-139(c)

Homeowner association dues shall be collected regardless of the status of the association. These dues will be used for maintaining the common areas of the subdivision or PUD.

Full ordinance details →Official source ↗

CC&R Enforcement

Clayton County doesn't enforce a subdivision's private CC&Rs itself: Sec. 86-139(d) only requires the homeowners association to register with the Department of Community Development and file a copy of its covenants and restrictions for record keeping. Enforcing those covenants day to day remains the association's job, not the county's code enforcement office.

Clayton County HOA Covenant Registration Rule

Light Restrictions

Code of Clayton County, GA Sec. 86-139(d)

The homeowner association shall register with the department of community development and provide a copy of the covenants and restrictions for the association for record keeping purposes.

Full ordinance details →Official source ↗

Board Governance

In Clayton County, a subdivision's developer starts out running the homeowners association, not the homeowners. Sec. 86-139(a) has the developer or its representative serve as executive director until half the lots have certificates of occupancy or the association can fund itself, and Sec. 86-139(b) forces the developer back in if the association ever lapses.

Clayton County Developer-Run HOA Governance

Some Restrictions

Code of Clayton County, GA Sec. 86-139(a), (b)

The developer will enact a homeowners association. the developer or its representative will serve as executive director of the association until 50 percent of the lots have received a certificate of occupancy or until the association has the capacity to adequately manage the association and fund all of its maintenance and insurance obligations. This is to provide stability to the enactment and ...

Full ordinance details →Official source ↗

All Clayton County ordinances

See every category we cover for Clayton County: parking, noise, fences, fires, animals, pools, and more.

Clayton County Ordinance Hub →