Barrow County, GA HOA Rules: Board Governance (2026)
Key Facts
- Governing section
- Barrow County Code § 89-470(a)
- Trigger
- Any development with common open space or shared land
- Membership
- Mandatory for every property in the development
- Formation timing
- At final subdivision plat recording
- Legal basis
- Georgia Property Owners' Association Act, O.C.G.A. 44-3
- Filing requirement
- Association documents submitted with final plat application
Summary
Any unincorporated Barrow County subdivision with common open space must set up a homeowners' association, and section 89-470(a) fixes how it has to be governed: membership is mandatory for every lot, the association forms under Georgia's Property Owners' Association Act, and it must be incorporated by the time the final subdivision plat records, with its governing documents filed alongside that plat application.
Sec. 89-470. - Owner's association. (a)Homeowner's association; when required. For any residential development containing common open space or other lands in common ownership, a homeowner's association which provides for building and grounds maintenance and repair, insurance and working capital shall be required.(1)Membership in the homeowner's association must be mandatory for each property in the development. ... (4)The homeowners' association shall be formed under the provisions of O.C.G.A. Title 44, Chapter 3, Article 6, which is known as the "Georgia Property Owners' Association Act" (Code 1981, §§ 44-3-220 et seq. enacted by Ga. L. 1994, p. 1879, § 1) and shall contain adequate provisions to qualify it as a "holder" under the Georgia Uniform Conservation Easement Act, if it is to act as a holder of a conservation easement. ... (7)For subdivisions, the homeowner's association must be formed and incorporated at the same time the final plat for the subdivision or any portion of the subdivision is first recorded. A copy of the proposed homeowner's association documents is to be submitted with an application for final subdivision plat approval.
Full Breakdown
Section 89-470(a) of Barrow County's Unified Development Code triggers a mandatory homeowners' association whenever a residential development contains common open space or any other land held in common ownership; the association must provide for building and grounds maintenance and repair, insurance and working capital. Subsection (a)(1) makes membership mandatory for every property in the development, so an individual lot owner cannot opt out once the subdivision is subject to the section. Subsection (a)(2) requires the association to operate under a recorded declaration and bylaws, including covenants, conditions and regulations that bind every property in the development, and subsection (a)(6) lists the minimum topics those covenants must control, from shared-facility access and open-space maintenance to signs, exterior fences, outside storage, overnight parking and holiday lighting.
A. Title 44, Chapter 3, Article 6, and, where it will hold a conservation easement, to meet the separate qualification standard under the Georgia Uniform Conservation Easement Act. Timing is fixed by subsection (a)(7): for a subdivision, the homeowners' association has to be formed and incorporated at the same time the final plat for the subdivision, or any phase of it, is first recorded, and the developer must submit a copy of the proposed association documents with the final subdivision plat application so Planning and Community Development can review them before the plat records. Nonresidential developments and condominium projects follow parallel association requirements under subsections (b) and (c) instead of the homeowners'-association rules in subsection (a).
Violations & Fines
Recording a final subdivision plat for a common-open-space development without forming and incorporating the required homeowners' association, or without submitting the association's declaration and bylaws with the final plat application, fails section 89-470(a)(7) and gives Barrow County Planning and Community Development grounds to withhold final plat approval. Once formed, an association whose bylaws omit one of the minimum topics section 89-470(a)(6) lists, such as maintenance of shared open space, is not a compliant declaration and can be sent back for revision before the county signs off on the plat.
Frequently Asked Questions
Do I have to join my subdivision's HOA in unincorporated Barrow County?
When does a Barrow County subdivision have to set up its HOA?
What state law governs Barrow County homeowners' associations?
Sources & Official References
Other rules in Barrow County
Compare Barrow County to another location·View the Georgia hoa rules overview
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