Georgia Statewide Rule

Georgia POA Board Governance, Meetings & Records

Some RestrictionsApplies statewide across Georgia (2026)

The Georgia POAA addresses the association's powers but leaves most meeting, quorum, voting, and record-access procedures to the declaration/bylaws and, by O.C.G.A. § 44-3-231(f), the Georgia Nonprofit Corporation Code (Title 14, Chapter 3). The board exercises the association's powers unless the instrument or Title 14 requires otherwise.

Key Facts

Governing law: O.C.G.A. § 44-3-231 + Title 14, Ch. 3 (Nonprofit Code)
Board authority: Exercises association powers unless instrument/Title 14 says otherwise
Meetings/quorum: Not set by POAA—governed by bylaws + Title 14
Record access: Member inspection rights under the Nonprofit Code
2027 change: SB 406 adds transparency duties + SOS oversight

Last verified: 2026-06-27

Full Breakdown

O.C.G.A. § 44-3-231 grants the association broad powers—to hire staff, control architectural changes, manage and mortgage property, keep records and minutes, and litigate—and § 44-3-231(f) provides that, 'except to the extent otherwise expressly required by this article, by Chapter 2 or 3 of Title 14,' those powers 'may be exercised by the board of directors' without a membership vote. The POAA does not set quorum percentages, meeting-notice timelines, open-meeting rights, or detailed record-inspection rules; those come from the recorded declaration and bylaws plus the Georgia Nonprofit Corporation Code (Title 14, Chapter 3). Because most Georgia HOAs are nonprofit corporations, Title 14's meeting, quorum, voting, and member-inspection provisions fill the gaps, giving members rights to inspect records, minutes, and financial statements. SB 406 layers added transparency duties from January 1, 2027.

Violations & Penalties

No criminal penalty. A board that ignores procedural requirements in its bylaws or the Nonprofit Corporation Code risks having actions voided, member derivative suits, or court-ordered access to records; from January 1, 2027 owners may also file complaints with the Georgia Secretary of State under SB 406.

Frequently Asked Questions

Does the Georgia POAA require open HOA board meetings?

The Act itself does not mandate open meetings or set quorum and notice rules. Those come from your declaration and bylaws, supplemented by the Georgia Nonprofit Corporation Code (Title 14, Chapter 3) that governs most HOAs.

Can I inspect my Georgia HOA's records and minutes?

Generally yes. Section 44-3-231 requires the association to keep minutes and financial records, and because most Georgia HOAs are nonprofit corporations, Title 14, Chapter 3 gives members rights to inspect corporate records, minutes, and financial statements.

Who runs a Georgia property owners' association day to day?

The board of directors. O.C.G.A. § 44-3-231(f) provides the association's powers may be exercised by the board without a membership vote, except where the instrument or the Nonprofit Corporation Code expressly requires member action.

Sources

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