Suspension of Voting Rights in Georgia HOA

Question:

Can you remove a members voting rights for the color of their home? The punishment was pay a $1500 fine but was recently revised to include the removal of your voting rights. Is this legal?

– Kimberly

 

Answer:

Hi Kimberly,

As per Section 44-3-223 of the Georgia Property Owners Association Act, an HOA can temporarily suspend voting rights for non-compliance with the provisions of the governing documents. However, such a penalty should be provided in the governing documents to be enforceable.

“If and to the extent provided in the instrument, the association shall be empowered to impose and assess fines and suspend temporarily voting rights and the right of use of certain of the common areas and services paid for as a common expense in order to enforce such compliance; provided, however, that no such suspension shall deny any lot owner or occupants access to the lot owned or occupied.”

 

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