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

1 attaches conditions whenever the open space in a conservation subdivision is owned by a homeowners association. Conservation subdivisions are a development option available in the AG-1 and R-1 through R-5 zoning districts of unincorporated Fulton County south of Atlanta, under Zoning Appendix A, Article VI, so these rules reach only that development type, not ordinary neighborhoods. The obligations come in sequence. Before the final plat is approved, the developer must give the director the HOA's bylaws and its open-space maintenance plan, which means the association's structure is locked in before a single lot is sold.

Membership of each lot owner is mandatory: buying a lot in the subdivision is joining the association, with no opt-out. The association then carries the three recurring costs of the open space it owns: maintenance, insurance, and taxes. Because every lot owner is a member, those costs are spread across the whole subdivision rather than falling on whoever happens to live nearest the open space. Finally, the association cannot be dissolved before providing the documentation to transfer its conservation easements, and the director must approve that transfer.

The practical effect is that the protected open space cannot be orphaned: even a failing HOA stays legally alive until another qualified holder takes over the easements.