Comply or be evicted. Georgia HOAs have more power than you think. See what the law says
Homeowners across America have been joining Homeowner Associations since the mid-19th century, but the HOAs we know today didn’t really start to emerge until the 1960s.
The mass exodus of homeowners to the suburbs during this time and the popularity of shows depicting the American dream of a white picket fence made this idyllic slice of life seem like the normal middle class experience.
The more Americans purchased homes, the more they wanted to protect their assets and the HOAs became a way for home buyers to assure a return on their investments.
However, the current reputation of homeowners , and specifically homeowner organizations have taken a major hit, as TikTok and Instagram have proliferated bad behavior from power hungry members who are measuring grass blades and banning open garage doors.
But what authority does your HOA really have? Can they really enforce these esoteric and oppressive rules in your community? Here’s what you need to know about the scope of these Homeowners Associations’ authority.
The purpose of an HOA, generally
According to Steadily, an online resource for real estate and insurance issues, these organizations were established with a pretty simple goal in mind. They are meant to maintain the common betterment of residential communities which may include town homes or condominiums. In order to do this, rules and regulations were implemented to preserve the property value, the properties’ appearances, and the quality of life for the residents. It does so by not only managing the individual houses, but also common elements and areas, including
Playgrounds
Swimming pools
Clubhouses
Parking garages
Landscaped gardens
Can a HOA force you to join?
Yes and no. An HOA can’t force you to join if you bought the house before the organization was established. However , if you find and purchase a home where the bylaws were already on the property’s title before the sale, you are obligated to join and abide by it’s rules. Whether it is mandatory or voluntary is typically outlined in the governing documents, so request those and read them carefully before purchase.
Who regulates these organizations?
Each organization must have a codified set of bylaws, articles of incorporation, conditions and restrictions and declaration of covenants. These items come straight from Georgia law. Title 44, chapter 3, article 6 of the Georgia code governs these community associations in Georgia, cites Doorloop. More simply known as the Property Owners Associations Act, this is informed by other legislation:
What can the HOA enforce?
The rules in the bylaws and covenant. These rules however, must be voted on by the homeowners in the association, and can’t be changed by individual rule or concern.
Fees and dues. This includes regular fees, annual and special assessments and late penalties for unpaid dues.
If fees become delinquent, HOAs are authorized to put a lien on the property, which can prohibit resale of the home. If it becomes “necessary,” homeowner associations can enact foreclosure.
HOAs cannot enforce:
Discriminatory decisions or actions based on race, color, religion, national origin, sex, familial status or disability according to the Fair Housing Act.
Banning of the US flag
Installation dishes or antennas
Block or inhibit reasonable accommodations for persons with disabilities
Rules that are significantly different from the established guidelines without homeowners’ approval or input.
Rainwater harvesting bans in areas where water conservation is a priority.
It is also important to note that Homeowner Associations’ powers are limited to compliant with both state and local laws. If you feel like your rights are being violated, homeowners can challenge unenforceable laws through the right channels, and as always, you are encouraged to attend the yearly meetings.
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