Georgia Homeowners Association Lien

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State:
Georgia
Control #:
GA-01910BG
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Word; 
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Description

If you live in a mandatory homeowner association you probably pay annual dues, also called annual assessments. These dues help pay for such things as; maintenance of the common facilities, and professional services (including accountants, attorneys, and management companies). It is also prudent for an association to establish a reserve account to be used for large future expenditures, such as resurfacing the pool. The provisions for paying annual dues are contained in the Declaration of Covenants for your association. The Declaration of Covenants is filed on the deed records in your county's Superior Court. You automatically agreed to the terms of these covenants by purchasing your home.


The amount of the annual dues or "assessment" is determined each year by the Board of the Association. To protect the interests of both the homeowners and their lenders, the covenants often establish a maximum assessment based on the anticipated costs for maintaining the community. Usually, this maximum cannot be exceeded without a vote from the membership, but some covenants allow the Board to increase this amount each year by a specific percentage, or in step with the Consumer Price Index.


If a homeowner does not pay the dues, most covenants state that the association may charge a late fee and interest. In addition, a lien can be filed on the property called an "Assessment Lien." This lien may contain extra costs including recording fees, cancellation fees, and attorney fees. It is not necessary to institute suit in order to file the lien.

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FAQ

In Georgia, a creditor can garnish the lesser of 25% of your disposable income or the amount by which your disposable earnings exceed 30% of federal minimum wage. If your disposable income is less than 30 times minimum wage, it cannot be garnished at all.

To remove a lien on a property, homeowners must first satisfy the debt owed to the homeowners association. To pay off an HOA lien, the homeowner must make payment to the association in the amount of the delinquent assessments, plus interest and any applicable fees.

Because the Declaration was recorded before the second mortgage, the HOA lien is technically "senior" to that mortgageeven if the HOA lien was recorded after the second mortgage. So, the second-mortgage lien would then be wiped out in an HOA's foreclosure.

HOAs are funded by dues from homeowner members, but when those members are delinquent on their payments, HOAs can take certain actions, such as placing liens on members' homes. These liens result from court-ordered money judgments and can lead to HOA foreclosure.

Liens Wiped Out, Not Debt The HOA first sends you a notice of the delinquent fees and ways to resolve the debt.Foreclosure by a mortgage lender wipes out the HOA lien, but doesn't resolve the debt itself.

In Georgia, an HOA or COA must judicially foreclose an assessments lien, and foreclosure isn't permitted unless the amount of the lien is at least $2,000.

HOA Liens. A lien is a legal claim or hold on a piece of property.In essence, a HOA will go to court over a homeowner member's delinquent dues and attempt to convince the court to issue a judgment. HOAs can record judgments that they obtain against homeowner members against those members' homes.

Rather, because the state does not give HOA liens priority status, in Georgia, HOAs tend not to foreclose on their liens.Even if you are current on your mortgage payments, the failure to pay your dues and assessments can lead to foreclosure or to garnishment of your wages and/or bank account.

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Georgia Homeowners Association Lien