The Georgia POAA addresses the association's powers but leaves most meeting, quorum, voting, and record-access procedures to the declaration/bylaws and, by O.C.G.A. § 44-3-231(f), the Georgia Nonprofit Corporation Code (Title 14, Chapter 3). The board exercises the association's powers unless the instrument or Title 14 requires otherwise.
O.C.G.A. § 44-3-231 grants the association broad powers—to hire staff, control architectural changes, manage and mortgage property, keep records and minutes, and litigate—and § 44-3-231(f) provides that, 'except to the extent otherwise expressly required by this article, by Chapter 2 or 3 of Title 14,' those powers 'may be exercised by the board of directors' without a membership vote. The POAA does not set quorum percentages, meeting-notice timelines, open-meeting rights, or detailed record-inspection rules; those come from the recorded declaration and bylaws plus the Georgia Nonprofit Corporation Code (Title 14, Chapter 3). Because most Georgia HOAs are nonprofit corporations, Title 14's meeting, quorum, voting, and member-inspection provisions fill the gaps, giving members rights to inspect records, minutes, and financial statements. SB 406 layers added transparency duties from January 1, 2027.
No criminal penalty. A board that ignores procedural requirements in its bylaws or the Nonprofit Corporation Code risks having actions voided, member derivative suits, or court-ordered access to records; from January 1, 2027 owners may also file complaints with the Georgia Secretary of State under SB 406.
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Duluth, GA
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