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Barrow County, GA HOA Rules: CC&R Enforcement (2026)

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

Key Facts

County enforces HOA covenants
No
Governing section
Sec. 26-151(c)
STR permit exception
HOA ban can block a permit
Where covenants are enforced
HOA / civil court, not the county

Summary

Barrow County's short-term rental ordinance explicitly says the county will not enforce private restrictive covenants or HOA agreements against a homeowner. If a subdivision's HOA bans short-term rentals, that is a private-contract fight; the county's own permit allowance does not override it, and vice versa.

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

The allowance of short-term rentals pursuant to this article shall not prevent private enforcement of additional private restrictions that may be contained in restrictive covenants or other private contractual agreements or arrangements. Barrow County shall not be responsible for enforcement of such private restrictive covenants, agreements or arrangements.

Full Breakdown

Section 26-151, the applicability section of the county's short-term rental article in Chapter 26, addresses the overlap between county permitting and private homeowners association rules head-on. It states that the county's allowance of short-term rentals under its own permit process does not prevent private enforcement of additional restrictions found in restrictive covenants or other private contractual agreements, and just as pointedly says Barrow County itself will not take responsibility for enforcing those private covenants or arrangements. The county does fold HOA status into its own permit paperwork, though: a short-term rental permit applicant must submit a written statement from the homeowners association confirming its bylaws do not prohibit short-term rentals where one exists, and must notify the county in writing if the HOA later amends its bylaws to prohibit or restrict them.

The county can also deny or revoke a short-term rental permit under Section 26-154(a)(7)(e) if the relevant HOA provides covenants or other legal documentation preventing short-term rentals for that property. But outside that intersection with its own rental-permit process, an unincorporated Barrow County property owner facing an HOA violation notice, whether over parking, fencing, or an accessory structure, gets no help or interference from county code enforcement: covenant enforcement runs through the HOA's own governing documents and, if needed, civil court, not the county marshal or code compliance office.

Violations & Fines

Because CC&R enforcement sits outside the county's authority, there is no county fine or citation tied to violating an HOA covenant itself. The exception is short-term rentals: an owner who obtains a county permit while an HOA bylaw prohibits the rental risks permit denial or revocation under Section 26-154, once the county learns of the HOA's restriction, even though the HOA dispute itself stays a private matter.

Frequently Asked Questions

Will Barrow County code enforcement act on an HOA violation?
No. Section 26-151(c) states the county is not responsible for enforcing private restrictive covenants or homeowners association agreements; those disputes are between the owner and the HOA, typically through the HOA's own process or civil court.
Can I get a county short-term rental permit if my HOA bans rentals?
The county still requires HOA documentation on the application, and it can deny or revoke a short-term rental permit under Section 26-154 if the HOA's covenants prohibit short-term rentals at that property, even though the county otherwise stays out of covenant disputes.
Does getting a county permit override my HOA's rules?
No. Section 26-151(c) makes clear that the county allowing short-term rentals does not prevent the HOA from separately enforcing its own restrictive covenants against the same property.

Sources & Official References

Other rules in Barrow County

All Barrow County rules

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