Clayton County, GA HOA Rules: Assessment & Dues (2026)

Sec. 86-139(c) of the Code of Clayton County, GA sets the baseline for HOA assessments in every subdivision or PUD the developer creates: 'Homeowner association dues shall be collected regardless of the status of the association. ' The 'regardless of status' language matters because Sec. 86-139(a) and (b) anticipate that a developer-run association can go dormant or become nonexistent before residents take permanent control; the ordinance doesn't let a lapsed or informal association excuse homeowners from paying, since common areas such as entrances, detention ponds or shared open space still need upkeep.

If an association becomes nonexistent, Sec. 86-139(b) requires the developer to reestablish a new one and serve as its executive director again until it has operated successfully for a full year, at which point dues collection presumably resumes through that reformed body. The ordinance ties this dues obligation to the county's own oversight only at the registration stage: Sec. 86-139(d) requires the association to register with the Department of Community Development and file its covenants and restrictions, which is where the dues obligation and the common-area maintenance duty would be spelled out for a given development.

Separately, before final plat approval, the developer must post a three-year performance or maintenance bond or irrevocable letter of credit under Sec. 86-139(e) as a backstop for the amenities the dues are meant to maintain.