Georgia Statewide Rule

Georgia POA Assessments, Liens & Judicial Foreclosure

Some RestrictionsApplies statewide across Georgia (2026)

Key Facts

Governing law: O.C.G.A. § 44-3-232 (POAA, opt-in)
Late charge cap: Greater of $10 or 10% of each assessment
Interest cap: 10% per year maximum
Foreclosure: Judicial only; 30-day certified-mail notice first
Minimum to foreclose: $2,000 now; rises to $4,000 on Jan 1, 2027 (SB 406)

Last verified: September 5, 2026

Summary

If a community opts into the Georgia Property Owners' Association Act (O.C.G.A. § 44-3-220 et seq.), unpaid assessments become a lien under § 44-3-232 that the association may foreclose only by court action. Otherwise the declaration and Title 14 govern. The 2026 Bill of Rights Act raises the foreclosure floor on January 1, 2027.

All sums lawfully assessed by the association against any lot owner or property owners' association lot, whether for the share of the common expenses pertaining to that lot, fines, or otherwise, and all reasonable charges made to any lot owner or lot for materials furnished or services rendered by the association at the owner's request to or on behalf of the lot owner or lot, shall, from the time the sums became due and payable, be the personal obligation of the lot owner and constitute a lien in favor of the association on the lot prior and superior to all other liens whatsoever except: (1) Liens for ad valorem taxes on the lot; (2) The lien of any first priority mortgage covering the lot and the lien of any mortgage recorded prior to the recording of the declaration; or (3) The lien of any secondary purchase money mortgage covering the lot, provided that neither the grantee nor any successor grantee on the mortgage is the seller of the lot.

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Full Breakdown

O.C.G.A. § 44-3-232 makes lawful assessments a lien 'in favor of the association,' prior to all liens except ad valorem taxes and first/qualifying purchase-money mortgages. Late charges cannot exceed the greater of $10 or 10% of each assessment, and interest is capped at 10% per year. The lien is enforced only by 'an action, judgment, and court order for foreclosure', Georgia bars non-judicial HOA foreclosure. The association must send certified-mail, return-receipt notice at least 30 days before suit, and currently the lien must be at least $2,000.00. SB 406 (signed May 12, 2026) raises that floor to $4,000, excludes fines/fees, and adds a 90-day notice, effective January 1, 2027. Liens lapse four years after the assessment first comes due.

Violations & Penalties

No criminal penalty. A delinquent owner owes the assessment plus late charges (greater of $10 or 10%), up to 10% annual interest, court costs and reasonable attorney's fees, and faces judicial foreclosure of the lien once it reaches the statutory minimum and the 30-day certified notice has run.

Frequently Asked Questions

Can a Georgia HOA foreclose on my home for unpaid dues?

If the community opted into the POAA, yes, but only judicially. O.C.G.A. § 44-3-232 requires a court action, a 30-day certified-mail notice, and a lien of at least $2,000 (rising to $4,000 on January 1, 2027 under SB 406). Georgia does not allow non-judicial HOA foreclosure.

How much interest and late fees can a Georgia POA charge?

Under § 44-3-232 a late charge cannot exceed the greater of $10 or 10% of each assessment, and interest on unpaid assessments is capped at 10% per year. Court costs and reasonable attorney's fees may also be added to the lien.

What if my HOA never adopted the POAA?

Then § 44-3-232's lien and foreclosure rules do not automatically apply. Assessment and lien rights come from the recorded declaration plus the Georgia Nonprofit Corporation Code (Title 14), and the association would generally sue for a money judgment rather than foreclose the statutory lien.

Sources

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