If a community opts into the Georgia Property Owners' Association Act (O.C.G.A. § 44-3-220 et seq.), unpaid assessments become a lien under § 44-3-232 that the association may foreclose only by court action. Otherwise the declaration and Title 14 govern. The 2026 Bill of Rights Act raises the foreclosure floor on January 1, 2027.
O.C.G.A. § 44-3-232 makes lawful assessments a lien 'in favor of the association,' prior to all liens except ad valorem taxes and first/qualifying purchase-money mortgages. Late charges cannot exceed the greater of $10 or 10% of each assessment, and interest is capped at 10% per year. The lien is enforced only by 'an action, judgment, and court order for foreclosure'—Georgia bars non-judicial HOA foreclosure. The association must send certified-mail, return-receipt notice at least 30 days before suit, and currently the lien must be at least $2,000.00. SB 406 (signed May 12, 2026) raises that floor to $4,000, excludes fines/fees, and adds a 90-day notice—effective January 1, 2027. Liens lapse four years after the assessment first comes due.
No criminal penalty. A delinquent owner owes the assessment plus late charges (greater of $10 or 10%), up to 10% annual interest, court costs and reasonable attorney's fees, and faces judicial foreclosure of the lien once it reaches the statutory minimum and the 30-day certified notice has run.
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