A guide to Georgia HOA bylaws: Everything you need to know

What are Georgia HOA bylaws?

HOA bylaws are the internal operating procedures of your community association. In Georgia, as in many other states, bylaws govern how the HOA functions as a nonprofit corporation. They define the rules for electing board members, holding meetings, determining quorum, setting terms of office, and assigning officer responsibilities.

Bylaws in a Georgia HOA typically outline:

• The size of the board and officer positions
   
• Voting rights and procedures
   
• Rules for calling and conducting board meetings
   
• Member notice requirements
   
• Budget approval timelines

Bylaws are often adopted when the HOA is formed and are maintained by the association as part of its official records. Over time, these bylaws may need adjustments to reflect changes in the community or shifts in state law.
This article is not intended to and does not constitute legal advice or create an attorney-client relationship. Board members should consult their association’s attorney to discuss the legal implications of their decisions or actions prior to proceeding.
 

Bylaws vs rules

Bylaws are the framework for how an HOA is governed, while rules are the day-to-day expectations for how residents should use and maintain their homes and shared spaces. Bylaws explain how the HOA operates, including board functions, how decisions are made, and how leadership changes occur. These are internal procedures meant to keep the association organized and effective. Rules and regulations, on the other hand, might cover noise levels, parking guidelines, pet policies, or the use of shared amenities.
 

Bylaws vs Georgia state laws

Georgia HOA bylaws exist within a legal framework defined by state statutes. The most relevant of these usually include the Georgia Property Owners' Association Act (POAA) and the Georgia Nonprofit Corporation Code. Both offer important context for understanding what your bylaws can and cannot dictate.

The POAA provides statutory rights to associations that opt into it and outlines standards for assessments, liens, governance, and more. If your HOA has opted into this act, your governing documents (including bylaws) must operate within its parameters. For example, POAA provisions may influence how assessments are levied or how meetings are conducted.

The Georgia Nonprofit Corporation Code provides rules for all nonprofit corporations in the state, including HOAs. This code includes default procedures for things like director elections and meeting notifications. If your bylaws are silent on a particular issue, the nonprofit code might fill in the gaps.

It’s important to note: if there's ever a conflict between state law and your bylaws, state law will take precedence. That’s why many communities work closely with legal counsel or their property management partner — like FirstService Residential — to review and update their bylaws accordingly.
 

How are Georgia HOA bylaws enforced?

While the board is responsible for following and upholding the bylaws, they aren’t necessarily "enforced" in the same way as community rules. Bylaws function more like a framework for operations than a set of behavior-based guidelines.

That said, if bylaws are not followed properly — for example, if an election is held without the required quorum or notice — the board's actions could be invalidated. This is why it’s critical for board members to be familiar with what the bylaws require.

When there’s uncertainty around these issues, partnering with an experienced property management company can help. At FirstService Residential, our team provides strategic guidance to boards in Georgia, helping them stay aligned with their governing documents and avoid costly administrative missteps.
 

Can HOA bylaws be changed?

Yes, Georgia HOA bylaws can be changed. In fact, reviewing and updating bylaws every few years is a smart way to keep them aligned with the current needs of the community. These changes are called “amending and restating” the governing documents legally, and usually require a vote of the membership as defined in the current bylaws, articles of incorporation, or, in some cases, defaults in the Georgia Nonprofit Corporation Code.

The entire process can be time-consuming, and it’s essential to make all changes in the correct manner as well as in legal order. This article will explain how to update your association’s bylaws, as well as the legal and real-life logistics needed to do this.
 

How to make amendments to your Georgia HOA bylaws

1. Be aware of any applicable laws

   To begin, you’ll need to make sure any alterations you want to make are actually governed by the governing documents and not any other documents. Each association is governed by a hierarchy of authority. At the top are federal, state, and local laws. The hierarchy then trickles down through the recorded plat and the Declaration of Covenants, Conditions, & Restrictions (CC&Rs); the articles of incorporation; and then to the community bylaws.
   
   For example, the CC&Rs lays out the guidelines ruling the day-to-day operation of the association. Fencing, pet regulations, and rules concerning short-term rentals all fall under the jurisdiction of the CC&Rs.
   
   On the other hand, it’s the bylaws that determine how the HOA operates on an organizational level, such as any voting regulations and board meeting frequency. Try to determine specifically what you’d like to update. This will guide you toward the correct documents to refresh. Additionally, a familiarity with state and federal laws can inform what is applicable to adjust at the board level, and what may require more bigger changes.
   
   It may also help to discern the type of changes you want to make before beginning the process. Are you seeking to alter only a few provisions? Or will the changes necessitate an overhaul of the governing documents? Deciding ahead of time the scope of the process will determine how many resources to dedicate to it.
    

2. Form a committee

   The community’s bylaws fall under the provision of the association board of directors. Rather than taking up valuable meeting time and the collective attention of all members of the board, the most effective way to update the bylaws may be to create a committee specific to this purpose. The committee will choose roles, such as a chairperson and secretary, in addition to assigning the work evenly to its members. For example, it can assign sections of the bylaws section by section for individuals to work on before returning to the committee to compile the changes.
   
   Once the committee makes its proposals, they should return them to the board.
    

3. Involve the attorney

   It’s wise to run any proposed alterations by the association’s counsel. They will have insight into applicable laws, both state and federal, that may override any suggested changes to the bylaws. Making sure to incorporate the attorney throughout the process can prevent legal headaches in the future, as well as avoid wasting time and sweat by having to redo changes to fall in line with legal codes.
   
   You may consider having your attorney attend a committee or board meeting to answer questions and outline legal guidance for any general areas that the board is looking to update within the documents.
    

4. Gather feedback from owners

   Not only is giving community members plenty of time to review any proposed changes good policy, but your governing documents may also require it. The exact notice requirements and timelines can vary depending on your existing governing documents and whether you are under the POAA or simply the Nonprofit Code.
   
   Additionally, your current governing documents may include provisions with requirements for how to give members notice, such as a number of days ahead of time, or regulations about how to contact them. It’s important to give members fair notice to attend and provide their input. Members will often have questions or new viewpoints that the board has not yet considered, and those should be taken into account. Involve the attorney in the process of determining the notice requirements and proper procedure.
   
   Any input raised in the feedback stage may be rolled into the proposed update. This will likely mean another round and draft to come from the committee and then back to the board for approval. It’s important to have the community on board with changes, so including input and communicating ahead of time can be beneficial.
    

5. Take a vote

   Once the proposal includes member feedback and lawyer attorney’s approval, you’re ready to put the amendments to the bylaws before owners within the community. Georgia law states that the board must recommend the changes, unless there’s a conflict of interest, in which case it must make no recommendation.
   
   Your own governing documents determine how many votes are needed to pass an amendment (or your association may default to the Georgia Nonprofit Corporation Code’s procedures). Typically, each parcel gets one vote, though this can vary depending on governing documents. Carefully consult your existing bylaws and articles to see what is required.
    

6. Adopt the changes

   Congratulations! You’re almost there, assuming the vote passed. Now all that’s left is adopting and enacting the changes. Your governing documents will lay out how to officially adopt changes to the documents.
   
   Your lawyer should provide a final legal review of all applicable work and file the amended documents as required. In Georgia, copies of the articles of incorporation and bylaws must be kept at the principal office of the association. Copies must be furnished to any unit owner upon request.
   
   Clearly communicating the changes with all association members makes for sound practice, and will help smooth over the transition as changes are enacted.
   
   Once the amendments have been filed and communicated to members, the ad hoc committee overseeing the document changes can be disbanded.

The entire process of refreshing governing documents can be stressful and lengthy. But it’s worth the extra effort to make sure changes work for everyone involved in the community, that they follow legal codes, and that they are communicated clearly. Hopefully, any updates to how the association runs will improve the entire community for all your homeowners.

To learn how FirstService Residential can support your Georgia community, contact a member of our team.