Understanding Georgia HOA CC&Rs and bylaws

What are Georgia HOA CC&Rs?

Georgia HOA CC&Rs are recorded covenants, conditions, and restrictions that establish the community and place binding requirements on the properties within it. They may govern property use, owner responsibilities, HOA fees, maintenance, and the association’s authority.
 

What are Georgia HOA bylaws?

Georgia HOA bylaws explain how the association is governed and operated. They may govern board structure, officer roles, association meetings, voting procedures, and other administrative requirements.

Bylaws must be consistent with the declaration and applicable law.
 

How to find CC&Rs and bylaws

Owners can usually get their Georgia HOA CC&Rs from the association, their HOA management company, or the Clerk of Superior Court’s real estate records in the county where the property is located.

Bylaws are generally obtained from the association or its HOA management company. Owners should review the current documents and recorded amendments rather than relying on an older packet or unofficial summary.
 

How Georgia HOA CC&Rs and bylaws can be amended

The process for amending Georgia HOA CC&Rs and bylaws can vary depending on the community, but the board might follow this general sequence:

1. Review the governing documents. Confirm the required approval percentage, who may vote, whether the declarant is still in control, and whether any lender or other party must approve the change.
    
2. Prepare the proposed amendment. Work with qualified Georgia counsel to draft clear language that follows local, state, and federal law and remains consistent with the rest of the governing documents.
    
3. Notify eligible owners. Share the proposed change and meeting or voting information using the notice process required by the governing documents and applicable Georgia law.
    
4. Collect the required votes. For an HOA subject to the Georgia Property Owners Association Act, a declaration amendment generally requires approval from owners holding two-thirds of the association’s votes, unless the declaration requires a higher percentage. The required percentage generally cannot exceed 80% (O.C.G.A. § 44-3-226). HOAs that are not subject to the Act must follow their declaration and other applicable law. Bylaw amendments must follow the bylaws, articles of incorporation, and applicable corporate law (O.C.G.A. §§ 14-3-1020 through 14-3-1022).
    
5. Prepare and record the amendment. A declaration amendment generally becomes effective when it is recorded with the clerk of superior court. An association governed by the Act must also keep current copies of its bylaws and all bylaw amendments and provide them to owners upon request (O.C.G.A. §§ 44-3-226(d) and 44-3-227(c)).

Different requirements may apply during the period of declarant control, for condominium associations, or when an amendment changes lot boundaries, voting rights, or responsibility for common expenses. Boards should ask qualified Georgia counsel to confirm the correct process before beginning a vote.
 

Georgia HOA CC&R laws to know

Here are a few key requirements boards and owners should understand:

• The Georgia Property Owners Association Act applies only to communities whose recorded declaration affirmatively elects to be governed by it. Other HOAs may be governed mainly by their documents and Georgia corporate and property law (O.C.G.A. §§ 44-3-220 through 44-3-235).
   
• The declaration sets the community’s property restrictions and the association’s enforcement authority. For example, an HOA governed by the Act may impose fines only when the declaration gives it that power (O.C.G.A. § 44-3-223).
   
• Bylaws govern how the association is managed. They must be consistent with Georgia law and the declaration. An HOA governed by the Act must keep current copies of its bylaws and amendments and provide them to owners upon request for a reasonable charge (O.C.G.A. § 44-3-227).
   
• A declaration amendment under the Act generally requires approval from owners holding two-thirds of the association’s votes. The declaration may require a higher percentage, generally up to 80%. The amendment takes effect when it is recorded, unless it states a later date (O.C.G.A. § 44-3-226).
   
• Bylaw amendments must follow the association’s bylaws, articles of incorporation, and applicable Georgia corporate law. When owner approval is required, the notice must include or summarize the proposed amendment (O.C.G.A. § 14-3-1021).

Georgia laws and governing documents can change. Boards and owners should speak with qualified Georgia counsel about questions specific to their community.
 

Frequently asked questions about Georgia HOA CC&Rs and bylaws

What happens when CC&Rs conflict with Georgia law?

Georgia law generally controls when it overrides a provision in the CC&Rs. The answer may depend on the wording of the statute, when the restriction was adopted, and the facts involved. Boards should ask qualified counsel to review language that may be outdated or inconsistent with current law before trying to enforce it.
 

Can a Georgia HOA fine an owner for violating the CC&Rs?

An HOA may be able to fine an owner if its recorded declaration authorizes fines. The association should follow any notice, enforcement, or hearing process required by its governing documents and applicable law (O.C.G.A. § 44-3-223).
 

Can a Georgia HOA board change the CC&Rs on its own?

Generally, no. For an HOA subject to the Georgia Property Owners Association Act, a declaration amendment generally requires approval from owners holding two-thirds of the association’s votes, unless the declaration requires a higher percentage, generally up to 80%.

An association may make a narrow amendment without an owner vote when needed to bring its documents into compliance with a mandatory legal requirement. HOAs that are not subject to the Act must follow their declaration and other applicable law (O.C.G.A. §§ 44-3-226 and 44-3-231(c)).
 

About FirstService Residential

FirstService Residential supports Georgia communities with local expertise backed by national resources. Our teams help boards stay organized with governance support, recordkeeping, financial management, vendor coordination, banking and insurance programs, resident communication, and 24/7 customer care.

We help boards apply consistent processes that align with their governing documents and Georgia law, so board members can stay focused on long-term community goals instead of day-to-day administration.

Contact a member of our team today to learn more.

This information is provided for general informational purposes only and is not intended to constitute, and should not be relied upon as, legal, regulatory, financial, or operational advice, or as a representation or guarantee of any specific services, capabilities, or outcomes. Property management needs, regulatory requirements, market conditions, and available services vary by jurisdiction, property type, and community. FirstService Residential provides services through locally based affiliates and associates, and services and results may vary by community, region, contractual terms, and applicable law.