The Newnan Times-Herald has featured two stories recently on homeowner’s associations in Coweta County. As of this year, 2.2 million or 22% of Georgian homeowners live in a HOA. A few bad apples locally and statewide have garnered enough attention from Georgia law makers to make some changes in the law. House Bill 220 was passed and signed into law on April 22nd, 2024. The new law became effective on July 1st, 2024. In the article, we will review some of the impacts of that new law on Harris Estates Homeowner’s Association.
IN SUMMARY:
- Homeowners must be notified in writing of violations to the Declaration and ACC Guidelines
- Homeowners voting rights are retained in violations to the Declaration and ACC Guidelines
- HOAs must have an annual meeting and give advance notification to the homeowners.
- HOA annual meetings must give reports of the “affairs, finances, and budget projections of the association”
The new law makes amendments “Georgia Property Owners’ Association Act” for condominiums, homeowners associations, and other real estate covenants in six sections of the law. Several details of this law address legal remedies and requirements. Sections 3 & 4 of the law make several amendments for homeowner’s associations in the state of Georgia.
SECTION 3
NOTIFICATIONS
This section revises the Georgia code 44-3-223 that governs homeowner associations. It states that the lawful occupants of a home, allowed by the Declaration (Covenants, Conditions, Easements and Restriction) must comply with provisions of the association. The HOA may pursue fees and fines if the occupants are non-compliant with the provisions of the Declaration after written notification to the owners. There is a 10 days notification requirement before the imposition of fees and fines.
Our HOA’s current policy for mundane violations is to give homeowners multiple notifications. After a mundane violation complaint has been submitted to the ACC, the ACC reviews the complaint. After investigation of the situation and only after determining that the complaint is legitimate, the ACC sends an initial notification. The notification will be sent to your email address on file with the Secretary. A written notification will be delivered to your property address. If the issue is not corrected after five days, a second and final notification is sent from the Board of Directors. If the issue is not corrected after 30 days, the HOA may proceed to assess fees and fines upon the homeowner until the issue is amended. All notifications to the homeowner are sent both electronically and by written notification delivered to the homeowner’s property address.
The law states that this notification requirement of 10 days does not apply where there is a “clear and imminent danger to life, person or property.” The HOA has a policy regarding SERIOUS VIOLATIONS.
If the violation is serious hazard to the neighborhood, the HOA has the legal right within the covenants to enter your property to abate or remove the hazardous structure. The homeowner(s) will be responsible for all costs to the HOA including legal fees. If the serious violation is non-hazardous to the neighborhood, the HOA President in consultation with the Board will provide an immediate notification to the homeowner.
VOTING RIGHTS
As long as a homeowner is current with their yearly HOA assessments, they are eligible to vote in all elections and issues. If a homeowner is delinquent in their HOA assessments, their voting rights are suspended. Voting rights cannot be suspended for failing to pay fines, according to the new law.
For example, if a homeowner refuses to pay assessed fines but continues to keep up with the yearly assessments, the following applies:
- Voting is allowed in elections and on HOA ballot issues
- HOA Fees and fines accrue, including any interest on the outstanding balance.
- Any outstanding debts constitute a legal lien on the homeowner’s property.
- The homeowner is no longer counted for a quorum requirement at all HOA meetings of the members.
- All filed Application for Residential Improvements (ARI) are automatically denied.
- Any unauthorized residential improvements are subject to fines and fees after 10 days of written notification. This includes painting of any structure, changes in the structure, construction of pools, screens, sheds, garages, fences, etc. Please reference the ACC Guidelines.
- The Homeowner(s) cannot serve on the Board of Directors if delinquent by 30 days of payment of assessment or HOA fees.
- Upon sale of the house at closing, all debts to the homeowner’s association have to be paid in full. The title will not be clear until all debts are paid.
SECTION 4
MEETINGS OF THE MEMBERS
The Homeowners Association must have an annual meeting and give 21 days of advance notice. Seven days of advance notice is required for called special meeting. This is already a requirement of our Declaration. At the meeting, the homeowners must be provided reports of the “affairs, finances, and budget projections of the association”. If the HOA fails to have an annual meeting, the homeowners have the right to call a meeting by a specific quorum amount determined by the Declaration or this law.
Through our nearly 16 years at Harris Estates, the HOA has strived to be open with its affairs. Minutes are available after each meeting. Financial reports to include budget projects are provided to homeowners. Voting is available both in person and by proxy online. Our ACC volunteers are very responsive to homeowner’s requests for improvements to their property. Our website provides homeowners with all our important documents, and latest news posts. Our front entrance has never looked better. Please let us know if you have any concerns or how we can improve. Until next time, stay dry!