Clayton County, GA HOA Rules: Board Governance (2026)
Key Facts
- Governing section
- Sec. 86-139(a)-(b), Homeowners association
- Initial control
- Developer or rep. serves as executive director
- Handover trigger
- 50% of lots with certificate of occupancy
- If HOA lapses
- Developer must reform it, run 1 full year
- County check
- Registration + covenants filed with Community Development
Summary
In Clayton County, a subdivision's developer starts out running the homeowners association, not the homeowners. Sec. 86-139(a) has the developer or its representative serve as executive director until half the lots have certificates of occupancy or the association can fund itself, and Sec. 86-139(b) forces the developer back in if the association ever lapses.
The developer will enact a homeowners association. the developer or its representative will serve as executive director of the association until 50 percent of the lots have received a certificate of occupancy or until the association has the capacity to adequately manage the association and fund all of its maintenance and insurance obligations. This is to provide stability to the enactment and enforcement of community covenants within the development. ... If for any reason a homeowners association becomes nonexistent, the developer shall again establish a new homeowners association and shall again serve as its executive director until the association has been successfully in operation for one full year.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 104).
Full Breakdown
Sec. ' The ordinance states this arrangement exists 'to provide stability to the enactment and enforcement of community covenants within the development' while the subdivision is still building out and residents haven't yet taken control. Sec. ' A defunct HOA doesn't simply disappear; the developer is on the hook to rebuild it and run it for a full year before stepping back again. Governance under Sec. 86-139 isn't self-certifying: the association must register with the Department of Community Development and file a copy of its covenants and restrictions under Sec.
86-139(d), and the developer must post a three-year performance or maintenance bond or irrevocable letter of credit under Sec. 86-139(e) before the final plat is certified by the zoning advisory group chair or vice-chair, tying governance to the county's plat-approval process.
Violations & Fines
Sec. 86-139 doesn't spell out a standalone fine for a developer who skips forming or reforming the association; the leverage instead sits in the plat process, since Sec. 86-139(e) requires the developer's maintenance bond or letter of credit before the zoning advisory group chair or vice-chair will certify the final plat, and Sec. 86-139(d) requires association registration for the same record-keeping purpose.
Frequently Asked Questions
Who controls a new subdivision's HOA in Clayton County before residents move in?
What happens if the developer's HOA stops functioning?
Does Clayton County check on the HOA before final approval?
Sources & Official References
Other rules in Clayton County
Compare Clayton County to another location·View the Georgia hoa rules overview
See something wrong?
Help us keep this page accurate. If you notice an error or outdated information, let us know.