Georgia POA Fines & Suspension of Privileges

O.C.G.A. § 44-3-223 provides that 'if and to the extent provided in the instrument, the association shall be empowered to impose and assess fines and suspend temporarily voting rights and the right of use of certain of the common areas.' The power depends entirely on the recorded declaration—an association with no fining authority in its instrument cannot fine. The statute sets no dollar cap and prescribes no formal notice-and-hearing procedure; due-process protections come from the declaration/bylaws. One firm limit applies: 'no such suspension shall deny any lot owner or occupants access to the lot owned or occupied.' Georgia's 2026 Bill of Rights Act (SB 406) adds, effective January 1, 2027, written-notice, violated-provision citation, and cure-period requirements before fines accrue, plus a Secretary of State complaint process.

No criminal penalty. A homeowner who violates a covenant may be fined in the amount the declaration allows and may lose voting rights or common-area privileges, but never access to their own lot. Unpaid fines may be collected through the association's lien/collection remedies under the governing documents.