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

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Applies to
Conservation subdivisions with common land/facilities
Dues requirement
Pro rata share of association costs (Sec. 711.G)
Collection process
Must be spelled out in HOA document (Sec. 711.H)
Membership
Automatic and mandatory for every owner
Enforcement tool
Lien via cross-covenants (Sec. 711.C, F)
Reviewed at
Final plat approval (Sec. 709.E)

Summary

For conservation subdivisions in unincorporated Spalding County, Sec. 711 of the county's subdivision ordinance requires every homeowners' association document to make each lot owner pay a pro rata share of the association's operating costs and to spell out how the association collects from owners who don't pay.

These county ordinances apply to unincorporated areas of Spalding County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

Sec. 711. - Homeowner association documents.A homeowners' association document shall be required for all conservation subdivisions that propose lands and/or facilities to be used or owned in common by all the residents of the subdivision and which are not deeded to Spalding County or an approved land conservation trust. The required homeowners' association document shall include, but shall not necessarily be limited to the following: ... G.Requirements that each owner of real property within the conservation subdivision provide and pay a pro rata share of the costs of the operation of the homeowners' association;H.A process of collection and enforcement to obtain funds from owners who fail to comply;

Full Breakdown

Spalding County requires a homeowners' association document for every conservation subdivision under Appendix A whenever the project sets aside land or facilities to be owned or used in common by residents and not deeded outright to the county or an approved land conservation trust. Sec. 711.G makes membership dues mandatory: each owner of real property in the subdivision must pay a pro rata share of the costs of operating the homeowners' association, and Sec. 711.H requires the governing document to spell out a process of collection and enforcement to obtain funds from owners who fail to comply.

The same section requires the declaration to create cross-covenants between owners so the association's dues obligation is mutually enforceable, and to give the association the legal power to own and maintain commonly held land and to make and enforce its own rules. Membership itself is automatic and mandatory for every owner under Sec. 711.E, so a buyer cannot opt out of the assessment structure by declining to join. The document must also address how the association's insurance is funded (Sec. 711.J) and how the association is dissolved if it ever becomes unviable (Sec.

711.K), both of which typically draw on the same pro rata assessment base described in Sec. 711.G. None of this is optional boilerplate: Spalding County reviews the homeowners' association documentation as part of final plat approval, so a subdivision without an enforceable dues-and-collection mechanism cannot record its final plat.

Violations & Fines

A conservation subdivision that submits a final plat without a homeowners' association document meeting Sec. 711's dues and collection requirements does not get final plat approval, since the documentation must accompany the final plat under Sec. 709.E. Once recorded, an association's failure to include an enforceable collection process leaves it unable to lien delinquent owners for unpaid pro rata assessments.

Frequently Asked Questions

Does every homeowner in a Spalding County conservation subdivision have to pay HOA dues?
Yes, if the subdivision has commonly owned land or facilities. Sec. 711.E makes membership automatic and mandatory for every owner, and Sec. 711.G requires each owner to pay a pro rata share of the association's operating costs; there's no opt-out for owners who don't use the common areas.
What happens if an owner doesn't pay their assessment?
The homeowners' association document required under Sec. 711.H must set out a specific process of collection and enforcement to obtain funds from owners who fail to comply, which the association applies directly rather than relying on county code enforcement.
Is this dues requirement in every Spalding County subdivision?
No. It applies specifically to conservation subdivisions approved under Appendix A, Article 7 of the Spalding County subdivision ordinance, and only when the project proposes land or facilities owned in common by residents. Conventional subdivisions built outside the conservation-subdivision option aren't governed by Sec. 711's requirements.

Sources & Official References

Other rules in Spalding County

All Spalding County rules

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