Gwinnett County, GA HOA Rules: Assessment & Dues (2026)
Key Facts
- Governing section
- UDO Section 212-60.4(A)-(G)
- Applies to
- OSC-zoned subdivisions, unincorporated Gwinnett only
- Membership
- Automatic and compulsory for lot purchasers/successors
- Legal basis
- Georgia POA Act, O.C.G.A. Section 44-3-220 et seq.
- Adopted
- Ord. No. UDOA2023-00002, September 26, 2023
- UDO violation fine
- $250 to $1,000 per day, Recorder's Court
Summary
In Gwinnett County's Open Space Conservation (OSC) zoning district, county code forces every subdivision's homeowners association covenant to make assessments compulsory and automatic: every lot purchaser and their successors must join and pay, with no opt-out. UDO Section 212-60.4(D) locks this in before the county approves the Final Plat, funding the association's duty to maintain shared conservation space, buffers and amenities.
212-60.4 Property Owner's Association. The property owner's association bylaws or covenants, at a minimum, shall contain the following provisions: A.Governance of the association by the Georgia Property Owner's Association Act (OCGA Section 44-3-220 et seq.) or a successor to that Act that grants lien rights to the association for maintenance expenses and tax obligations.B.Responsibility for maintenance of the conservation space.C.Responsibility for insurance and taxes.D.Automatic compulsory membership of all lot purchasers and their successors; and compulsory assessments.E.Conditions and timing of transferring control of the association from the developer to the lot owners.F.Guarantee that the association will not be dissolved without the prior approval of the Board of Commissioners.G.Conservation surety language as stated in Section 212-50.11.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 9).
Full Breakdown
Gwinnett County's Unified Development Ordinance regulates homeowners association assessments only where a subdivision is platted in the OSC (Open Space Conservation) zoning district, the county's conservation subdivision option that trades smaller lots for permanently protected open space. 4, adopted by Ord. No. UDOA2023-00002 (GCID 2023-0604) on September 26, 2023, requires the developer's property owners association bylaws or covenants to contain, at a minimum, seven provisions before the Department of Planning and Development will sign off on the Final Plat. Subsection (D) is the assessment rule itself: membership in the association is automatic and compulsory for every lot purchaser and their successors, and assessments are compulsory as well, meaning no lot owner can decline to join or refuse to pay dues.
A. 11. 5 makes the association responsible for the ongoing maintenance of buffers, conservation space and amenity areas, the upkeep the compulsory assessments in subsection (D) are meant to fund.
Violations & Fines
Section 212-60.4 sits inside the UDO's development standards, so a covenant that omits compulsory membership or compulsory assessments blocks Final Plat approval under Chapter 120's general enforcement scheme: the Director of Planning and Development can issue a notice of violation, order a stop-work, or suspend a permit. Gwinnett County Recorder's Court can fine a violator between $250 and $1,000, or up to 60 days in jail, under Section 120-70.4, with each day of noncompliance a separate offense.
Frequently Asked Questions
Does every Gwinnett County HOA have to charge mandatory assessments?
Can a lot owner in an OSC subdivision opt out of HOA dues?
What can the HOA do if an OSC lot owner won't pay assessments?
What happens if a developer's covenant skips the required assessment language?
Sources & Official References
Other rules in Gwinnett County
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