Two statutes, two different triggers
Georgia has separate acts for condominiums and for property owners' associations, and the crucial difference is when each applies. The Georgia Condominium Act, O.C.G.A. 44-3-70 et seq., governs condominiums submitted to it. The Property Owners' Association Act does not apply by default.
The POA Act must be elected into
Georgia rule: under O.C.G.A. 44-3-222 and 44-3-235, the Property Owners' Association Act applies only where the declaration, or an amendment adopted under it, expressly elects to be governed by the Act and is recorded. Condominium associations are excluded.
A mandatory-membership subdivision with no election is governed by common-law covenants; assuming automatic application is the most common error here. Incorporation and common area ownership are not triggers.
Condominium late charges and lien foreclosure
O.C.G.A. 44-3-109 allows a late charge of the greater of $10.00 or 10 percent of the unpaid amount, and bars foreclosure unless the lien is at least $2,000.00, with 30 days' written notice by certified mail also required.
An owner is $600 behind.
- 10% of $600 = $60, greater than the $10 floor, so the late charge is $60
- The lien is under $2,000, so the association may not foreclose
The traps: applying the $10 floor when the percentage is larger, shortening the notice to 10 days, and forgetting the $2,000 threshold.
Condominium voting thresholds
O.C.G.A. 44-3-93 requires at least two-thirds of the votes to amend the declaration; O.C.G.A. 44-3-98 requires four-fifths plus all mortgagees to terminate. In a 200-unit condominium, two-thirds of 200 is 133.33, rounding up to 134 to amend, and four-fifths is 160 plus all mortgagees to terminate. Termination is the higher standard.
Unpaid POA assessments follow the lot
O.C.G.A. 44-3-225 makes the grantee jointly and severally liable with the grantor for unpaid assessments unless a statement of amounts due was requested — which is why closings request a payoff statement, due within five business days under 44-3-232. The debt is not purely personal, and the lien does not expire at closing; it runs four years from when the amount came due.