Spalding County, GA HOA Rules: Board Governance (2026)
Key Facts
- Applies to
- Conservation subdivisions, Appendix A Art. 7
- Required document
- Homeowners' association document (Sec. 711)
- Powers/duties
- Must be stated in the document (711.B)
- Decision process
- Method must be prescribed in document (711.D)
- Membership
- Automatic, mandatory for every owner (711.E)
- Transition
- Developer-to-owner control plan required (711.I)
- Reviewed at
- Final plat approval (Sec. 709.E)
Summary
Conservation subdivisions in unincorporated Spalding County must set up a homeowners' association with a written document defining its powers, decision-making process and mandatory membership. Sec. 711 of the county's subdivision ordinance spells out exactly what that governance document has to cover before the county will approve the subdivision.
Sec. 711. - Homeowner association documents.A homeowners' association document shall be required for all conservation subdivisions that propose lands and/or facilities to be used or owned in common by all the residents of the subdivision and which are not deeded to Spalding County or an approved land conservation trust. ... B.A statement of the powers, duties and responsibilities of the homeowners association, and the services to be provided thereby;C.A declaration of restrictive covenants, giving perpetual easement of the lands and facilities owned by the homeowners association ... The declaration shall give power to the association to own and maintain the common property and to make and enforce rules;D.Statements prescribing the method and process by which the decisions of the homeowners' association shall be reached ... I.A process for transition and control of the homeowners' association from the developer or applicant to the owners of real property within the conservation subdivision;
Full Breakdown
Under Sec. 711 of the Spalding County subdivision ordinance (Appendix A, Article 7), any conservation subdivision that proposes land or facilities to be owned or used in common by its residents, and that isn't deeded outright to the county or an approved conservation trust, must adopt a homeowners' association document before the county will approve it. That document has to state the association's powers, duties and responsibilities and the services it will provide (Sec. 711.B), and it must include a declaration of restrictive covenants that gives the association legal power to own and maintain the common property and to make and enforce its own rules (Sec.
711.C). Sec. 711.D requires the document to prescribe the exact method and process by which the association's decisions get made and to establish the legal authority for the association to act on them. Membership is not optional: Sec. 711.E requires every owner of real property in the subdivision to become a member. The document must also lay out how control transitions from the developer or original applicant to the property owners themselves once the subdivision builds out (Sec. 711.I), and it must address how the association's common property is insured for both liability and property damage (Sec. 711.J), plus a process for dissolving the association if it ever becomes unviable (Sec. 711.K).
Violations & Fines
Spalding County reviews the homeowners' association document as part of final plat approval under Sec. 709.E, so a conservation subdivision missing any of the governance elements in Sec. 711, decision-making authority, membership terms, or a developer-to-owner transition plan, cannot record its final plat until the document is corrected.
Frequently Asked Questions
Who has to belong to the homeowners' association in a Spalding County conservation subdivision?
Who controls the HOA before all the lots are sold?
Can the homeowners' association make its own rules for common areas?
Sources & Official References
Other rules in Spalding County
Compare Spalding County to another location·View the Georgia hoa rules overview
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