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DeKalb County, GA HOA Rules: Board Governance (2026)

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

Key Facts

Applies to
RNC conservation subdivisions only
HOA membership
Mandatory, automatic for all owners
HOA power
Lien authority for unpaid dues
Filing required
Clerk of Superior Court, DeKalb

Summary

In DeKalb's RNC conservation subdivisions, a homeowners' association used to maintain shared greenspace must have mandatory automatic membership, lien authority to collect dues, and perpetual maintenance duties, per county zoning code.

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

Homeowners' associations. When a homeowners' association is used as the legal mechanism to comply with the requirements of this section, the applicant for any land disturbance permit, in addition to meeting all of said requirements, shall provide for all of the following:1.Equal access and right of use to all greenspace by all homeowners;2.Mandatory and automatic membership in the homeowners' association for all homeowners and their successors;3.A fair and uniform method of assessment and collection/payment for dues, maintenance and related costs;4.Homeowners' association lien authority to ensure the collection of dues from all members;5.Perpetual and continued maintenance and liability by the homeowners' association of land held as greenspace; and6.Filing of all required covenants, declarations, and restrictions with the Clerk of the Superior Court of DeKalb County. (Ord. No. 15-06, 8-25-2015)

Full Breakdown

DeKalb County doesn't regulate HOA governance generally, but Sec. 2.10.10(C) of the zoning ordinance imposes specific requirements when a developer uses a homeowners' association as the legal mechanism to maintain required greenspace in the RNC (Residential Neighborhood Conservation) District. The HOA must give every homeowner equal access to the greenspace, require mandatory and automatic membership for all homeowners and successors, use a fair and uniform dues assessment method, and hold lien authority to collect unpaid dues. Covenants implementing these terms must be filed with the Clerk of Superior Court before final plat recording. This applies only to RNC conservation subdivisions in unincorporated DeKalb.

Violations & Fines

RNC subdivision covenants that omit mandatory HOA membership, lien authority, or perpetual greenspace maintenance duties fail Sec. 2.10.10 review and can block final plat recording or the land disturbance permit.

Frequently Asked Questions

Does DeKalb regulate all HOA governance county-wide?
No: this provision only governs HOAs used to maintain required greenspace in RNC conservation subdivisions; general HOA disputes fall under Georgia state law.
Can a developer skip HOA lien authority in an RNC subdivision?
No. Sec. 2.10.10(C) requires the HOA to hold lien authority to collect dues before the county approves the land disturbance permit.

Sources & Official References

Other rules in DeKalb County

All DeKalb County rules

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