Gwinnett County, GA HOA Rules: Board Governance (2026)
Key Facts
- Governing statute
- O.C.G.A. § 44-3-220 et seq.
- Grants
- Lien rights for unpaid dues
- Applies to
- OSC district subdivisions
- Set by
- UDO § 212-60.4(A)
Summary
Gwinnett County requires Open Space Conservation subdivision associations to be governed by Georgia's Property Owners' Association Act, giving the HOA lien rights for unpaid dues.
212-60.4 Property Owner's Association. The property owner's association bylaws or covenants, at a minimum, shall contain the following provisions:
A.Governance of the association by the Georgia Property Owner's Association Act (OCGA Section 44-3-220 et seq.) or a successor to that Act that grants lien rights to the association for maintenance expenses and tax obligations.B.Responsibility for maintenance of the conservation space.C.Responsibility for insurance and taxes.D.Automatic compulsory membership of all lot purchasers and their successors; and compulsory assessments.E.Conditions and timing of transferring control of the association from the developer to the lot owners.F.Guarantee that the association will not be dissolved without the prior approval of the Board of Commissioners.G.Conservation surety language as stated in Section 212-50.11.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 9).
Full Breakdown
UDO § 212-60.4 sets minimum bylaw requirements for the mandatory property owners' association in every OSC (Open Space Conservation District) subdivision. First on the list: the association must be governed by the Georgia Property Owners' Association Act, O.C.G.A. § 44-3-220 et seq. (or its successor), the state law that gives the HOA lien rights against members for unpaid maintenance expenses and tax obligations. The bylaws must also cover conservation-space maintenance, insurance, taxes, compulsory assessments, and the developer-to-owner control transfer, but this governance clause anchors the association's legal authority to collect and enforce.
Violations & Fines
OSC subdivision covenants that omit governance under the Georgia Property Owners' Association Act, per UDO § 212-60.4(A), can be rejected by the county before Final Plat recording.
Frequently Asked Questions
What law governs HOAs in Gwinnett County's OSC subdivisions?
Can the HOA place a lien on my property for unpaid dues?
Sources & Official References
Other rules in Gwinnett County
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