In Georgia, an HOA's authority is regulated by state laws such as the Georgia inium Act and the Georgia Property Owners Association Act, which set boundaries on what HOAs can and cannot do, ensuring they operate within legal parameters.
A inium, or condo, is an individually owned unit in a complex or building of units. A condo owner owns the space inside their condo and shares ownership interest in the community property, such as the floor, stairwells, and exterior areas.
The Bylaws of a inium or planned development contain the operating procedures of the homeowners association. These generally include how to call and conduct a meeting, how to vote, how to levy assessments, how to manage association business, and how to keep records.
Generally speaking, the declaration is the document that creates the inium. The bylaws spell out the day-to-day operations of the association. If your association is more than 10 years old and the bylaws have remained unchanged, board members may want to consider making updates.
Every inium is governed by a set of rules and regulations. Rules make up part of the condo's governing documents, and help support covenants, conditions and restrictions, or CC&Rs, and bylaws.
Georgia Recorded Documents Search - Visit your county recorder's office to find an association's Declaration of Covenants, Conditions, and Restrictions (CC&Rs), Amendments to CC&Rs, Bylaws, Lien Notices, HOA Notices, Plats, Maps, and other community documents.
How to write a letter to your board or manager Start with the date, sender and recipient information. You do not need to include the date or address of the recipient if you are sending an email. Write a clear and concise subject line. Get to the point. Offer a solution, if possible. Thank the recipient for their time.
Hold a vote The threshold needed for enacting the change will depend on your state's laws and your association's governing documents. In Georgia, association members must approve any amendments by two-thirds of the votes cast or a majority of the voting power, whichever is less.
The Property Owners' Association Act oversees the creation, management, authority, and functions of the HOAs in Georgia. It's important to note here that associations can be formed under the POAA or using common law principles. In such cases, this act will not apply.
The association shall obtain: (1) A casualty insurance policy or policies affording fire and extended coverage insurance for and in an amount consonant with the full replacement value of all structures within the inium; provided, however, that the association may exclude from such coverage (A) improvements made ...