You Deserve to Know

The Georgia Property Owners' Association Act was adopted in 1994 to provide Georgia HOAs more authority, specifically authority related to enforcing covenants and collecting dues. The legal framework was modeled after the mandatory Georgia Condominiums Act of 1975, which updated the 1936 Apartment Ownership Act that dealt with issues that arise with transient residents. 

Georgia POAA is a voluntary statute, however, and neighborhoods choose to opt in, either when they are developed or through an amendment to covenants.  

Since its first passage, the Act has been amended several times, with notable updates in 2004 and again in 2024, each granting HOAs under the POAA more authority. There is currently an outstanding amendment winding its way through the Georgia Assembly that would alter the POAA again. As of March 13, 2026, Georgia House Bill 664 has yet to be finalized.

Huntcliff Homes Association, Inc. (HHA) is currently encouraging members to preemptively vote to convert to the POAA before House Bill 664 has passed. HHA has done that through messaging emphasizing efficiencies around the renewal of covenants while downplaying aspects that could be considered problematic to homeowners, specifically the broad scope of legal authority POAA grants HOAs as it pertains to liens and foreclosures. This site is dedicated to balancing that communication. 

The consent agreement HHA has sent to homeowners combines the 10-year renewal of our covenants with the POAA opt-in initiative. As such, many homeowners have unknowingly voted for both without realizing the potential stakes of agreeing to the POAA. 

In addition to basic information about the powers granted by POAA, this site offers instructions on how to change your vote if you choose to. Related, there is also a link to a separate ballot that allows you to vote exclusively to renew our covenants without the POAA opt-in.

What follows is a list of questions and answers highlighting the more troubling aspects of converting to the POAA. It is not comprehensive and readers are encouraged to do their own research.

In a word, sweeping. Issues of HOA abuses under Georgia POAA authority include allegations of erroneous liens and even foreclosures from unpaid fines for HOA “violations” like homeowners not pressure washing homes. 

While the original 1994 POAA gave HOAs significant authority, a 2004 amendment extended more by allowing for judicial foreclosures, which allows an association to foreclose on a property without having to pay off the existing first mortgage, a financial hurdle that kept many HOAs from pursuing foreclosures before that amendment.

After decades of homeowners' complaints, a bipartisan group of Georgia senators crafted a bill in January 2026 that would curb HOA authority. Known as the "Georgia Property Owners' Bill of Rights Act," Senate Bill 406 moved to the Georgia House of Representatives after passing the Senate unanimously on March 4. You can read a news report about it here. Among its goals, the bill seeks to raise the foreclosure threshold and increase HOA accountability through state oversight. 

One of the POAA’s fundamental features is the broad authority it grants member HOAs for assessments and collections. The primary way it achieves this is through the provision of what is known as statutory liens, which are automatic liens that take effect immediately when a payment is listed as "past due."

The POAA’s legal framework grants HOAs the ability to place statutory liens on homes for past-due amounts without needing to file a separate lien with the county court. Georgia law has consistently upheld these statutory liens, generally ruling in favor of HOAs over homeowners. 

Related to this increased legal authority, the POAA also grants associations more power to foreclose on homes for unpaid fines. While HHA technically already has this right, the POAA structure streamlines the process, making it potentially easier to begin foreclosure proceedings.

Of standout concern:

• Under POAA provisions, liens can be automatic, and according to language here, they are “created the moment the payment is past due,” and “there is no need for any initial recording or legal notice for the lien to be established.”
• Accounting errors or records that aren’t updated to reflect paid assessments can result in a lien on your home. 
• In Georgia neighborhoods that aren't part of POAA, HOAs must file liens in their county land records and provide homeowners notice before proceeding.
• Unless an HOA changes its covenants to specify otherwise, the POAA dictates that buyers along with sellers are liable for any assessments the HOA deems unpaid. This “joint liability” can stall or upend a sale.

The short answer is yes. While an HOA cannot legally place a lien on a home for a debt that does not exist, the POAA provision allows for an automatic lien when an assessment is listed as “past due,” which means clerical errors or the misidentification of homeowners could result in a lien that would require time and potential legal fees to dispute.

In fact, yes. The POAA grants associations stronger foreclosure powers, allowing them to initiate foreclosure if liens remain unpaid. Under POAA provisions, an HOA has the authority to foreclose on a home for unpaid dues, fines or assessments. 

Currently, the amount in unpaid debt must be at least $2,000. In this situation, an HOA must file a lawsuit for what is known as "judicial foreclosure" in superior court. If an owner owes more than $2,000 in assessments and related charges, the POAA authorizes HOAs to initiate a judicial foreclosure to sell the home.

Not directly or automatically, but because the POAA gives HOAs stronger lien rights that can supersede mortgage lenders' priority in a foreclosure, it can impact underwriting. Joint liability under the POAA also complicates underwriting by making buyers personally responsible for a seller's unpaid assessments at closing. Underwriters must ensure all dues and past assessments are paid at closing to avoid inheriting debt.  In addition to potentially affecting resale, this could also impact refinancing efforts. 

The most important thing to understand about House Bill 664 is that it has not yet passed the Georgia Assembly, so how it will or won’t affect the POAA and ultimately the homeowners who fall under its umbrella, is unknown. 

It began in the Georgia House and after moving through the House committee and undergoing multiple changes there, passed that chamber on March 3, 2026. It is currently in the Senate, where it will go through the Senate's committee process, likely changing again before the final vote.

The bill aims to provide more flexibility for Georgia HOAs to adopt state regulations while maintaining some control over their governance. One standout of the current bill is that it would lower the opt-in threshold of neighborhoods like Huntcliff from 100 percent to 80 percent. 

It's important to know that the original bill changed significantly during the House committee process, providing more pathways for HOAs to convert to the POAA structure and offering HOAs more flexibility for the process, which translates to more overall POAA authority.  It will be subject to more change as it moves through the Senate committee process. 

Good question. In its communication to members, HHA has emphasized the issue of renewing our covenants and that currently, we are locked into what was established in 1966 when Huntcliff was developed. That is a thorny issue, but perhaps not one that should outweigh the potential pitfalls that come with the POAA.

Our recommendation is that HHA instead encourage members to renew Huntcliff's original covenants by the June deadline so that they don't die; wait for House Bill 664 to either pass or fail; then take up a robust discussion with homeowners in the next year about the possibility of moving under the POAA. 

We've lived with outdated covenants for decades now. Huntcliff residents deserve a real conversation with finalized legislation to review as they make this very important decision. 

Unlikely doesn’t mean will not. More importantly, it would be entirely within HHA’s purview to use whatever provisions the POAA allows for. It is safe to say that if they chose to do so, HHA boards operating under the POAA structure would be within their legal rights to flex more muscle than those operating under traditional HOA governance. 

As a reminder, the current POAA is under revision. House Bill 664, which will alter it, has not passed the Georgia Assembly and as such, the revised scope of authority the POAA will grant a member HOA is yet to be determined. 

You can download a Covenants Renewal Consent Agreement here. Instructions for how and where to return it are on the form. Because Huntcliff's covenants will cease to exist if enough homeowners do not agree to renew them, we encourage everyone to do this. 

It is advisable to contact HHA Board President Craig Gilchrist in written form, either by email or traditional mail, and CC Secretary Anne Medders and Covenants Enforcement and Architectural Control Chuck McCleskey, while also resubmitting the singular Covenants Renewal Agreement. Date your re-submission and request specifically that it override any previous vote. Be specific in your request and clarify directly that you are NOT approving the opt-in to POAA. 

• Craig Gilchrist, president, gilchrist505@gmail.com
• Anne Medders, secretary, annemedders@gmail.com
• Chuck McCleskey, covenants enforcement & architectural control, cmuse44@bellsouth.net

P.O. Box 500365, Atlanta, GA 31150-0365

This site is the result of effort from concerned Huntcliff homeowners who have worked together to research the Georgia POAA and its implications. We hope you've found it helpful and encourage you to use information here as you do your own research to reach your own conclusions. 

Because there are two different bills discussed on this site, we want to ensure readers are clear on their differences. 

House Bill 664 would amend the original Georgia POAA language, and potentially offer HOAs more flexibility with various administrative responsibilities. It has undergone several changes since it began. 

Senate Bill 406 aims to curb HOA authorities in light of years of abuses. It is known as the Georgia Property Owners' Bill of Rights Act. Both bills have bipartisan support and neither bill has passed the Georgia Assembly.

Collecting annual dues and managing covenants is most certainly a formidable undertaking. Nothing here should undermine the hard work and good intentions of past, present and future HHA boards. In case it needs to be stated plainly, paying dues on time and reviewing matters of business, such as covenants, is a responsibility all homeowners share for the betterment of this uniquely beautiful neighborhood. However, converting to the Georgia POAA is a significant move that will permanently affect homeowners here, not just serve as a convenient workaround for the burden of board responsibilities. It deserves careful consideration that evaluates the full potential impact to current and future residents and their property.