Requirements

The following is a general list of requirements and/or characteristics of homeowners associations based on Article 6, Chapter 3 of Title 44 of the Official Code of Georgia Annotated. For more information regarding the requirements for specific situations, please refer to O.C.G.A. § 44-3-220, et seq. and/or consult an attorney.

This list does not apply to condominium owners associations. For that information, please refer to O.C.G.A. § 44-3-70, et seq.

• Homeowners associations or property owners associations are corporations formed for the purpose of placing all lots in a development, usually a subdivision which can include common areas if any exist, under a set of covenants to be administered by the homeowners association.

• Before a development can be made subject to covenants administered by a homeowners association, the homeowners association must be incorporated.

• A homeowners association can be incorporated as either a business corporation or a nonprofit membership corporation under the laws of the State of Georgia. For more information, see Chapters 2 and 3 of Title 14 of the Official Code of Georgia Annotated.

• The name of the homeowners association must include the word or words “homeowners,” “property owners,” “community,” “club,” or “association.”

• As a corporation, the homeowners association should have Articles of Incorporation and Bylaws. After the association is incorporated, it can place the development under a Declaration of Covenants.

• A homeowners association can create covenants on the property by filing with the Clerk of Superior Court of the appropriate county a Declaration of Covenants executed by, or on behalf of, all lot owners of the subject property.

• Covenants can relate to common areas, assessments on lot owners, maintenance, and the homeowners association including membership in the association. Click in the left navigation column to see sample documents.

• The homeowners association administers the covenants for the development and can take legal action to enforce covenants.

Disclaimer: The information and links on this website are for informational purposes only and do not constitute legal advice. It is intended for people interested in forming a homeowners association, but it is not exhaustive or exclusive of requirements that might apply in any particular situation. Gwinnett County makes no guarantees as to its completeness or adequacy. Requirements for homeowners associations must be tailored to specific circumstances and laws can change. Do not use this information as a substitute for an attorneys advice.