Georgia HOA Questions on Collection and Dissolution

Hi Alice,

For the collection of assessments, you may refer to the Georgia Property Owners’ Association Act Section 44-3-225. This section outlines how assessments are allocated, liability exemptions, joint liability, and so on. The HOA’s governing documents may also contain provisions regarding fee collection and enforcement.

Here are also some resources you may find helpful:
https://clarksimsonmiller.com/hoa-collection-policy/
https://www.cedarmanagementgroup.com/hoa-collections/

As for dissolution, if the HOA is organized as a non-profit, it may refer to the Georgia Nonprofit Corporation Code Section 14-3-1402. It states that the board must propose dissolution to the members and notify them of the meeting and its purpose. A majority of the members entitled to vote (or whatever percentage is stated in the governing documents) must approve. Succeeding Sections 14-3-1403 to 14-3-1410 also include other provisions regarding voluntary dissolution.

The result of dissolution is outlined in Section 14-3-1406, stating that if the corporation has filed an intent to dissolve, it cannot carry out business except those required to liquidate the corporation and its affairs. These include collecting assets, disposing of property not to be distributed, discharging liabilities, distributing property to members, and so on.

For further guidance, kindly consult a lawyer.