Atlanta HOA Guide: Laws, Regulations, Enforcement & More
If you're interested in a home in an HOA community in Atlanta, you'll want to do some research before closing on the purchase.
HOA rules outline the requirements that you'll have to meet if you live within the boundaries of the community. They can touch upon everything from lawn maintenance and fence construction to noise levels and home additions. Each HOA will have its own CC&Rs that must be followed by members as well as annual dues that must be paid.
At the same time, the way that Atlanta HOAs can operate is governed by a number of federal and Georgia State laws. Let's take a closer look at what you should know about the laws that govern HOAs, common regulations imposed by HOAs, how rules are enforced, and more.
Federal Laws That Govern Homeowners Associations
Before we look at the HOA laws and regulations specific to the state of Georgia, let's look at the federal laws that govern the management and operation of homeowners associations in the US.
Americans With Disabilities Act: The Americans with Disabilities Act of 1990 (ADA) was put in place in order to prohibit discrimination against disabled individuals in public accommodations, employment, communications, transportation, and access to government services and programs. In terms of an HOA, the most relevant activity is "public accommodations," though big HOAs might also be regulated by the ADA as an employer.
Fair Housing Act: The FHA prohibits discrimination based on race, religion, color, familial status, sex, national origin, or disability in housing. Under this law, an HOA can't take adverse action that impacts a person's right to rent, buy, or enjoy the use of property based on belonging to a protected class.
Fair Debt Collection Practices Act (FDCPA): This law regulates the activities of debt collectors. It is applicable to HOAs when they turn unpaid assessments over to a collection agency or attorney.
Freedom to Display the American Flag Act: This is a law that is specifically geared towards HOAs, which makes it quite unique. Under the Freedom to Display the American Flag Act of 2005, common interest communities cannot adopt or enforce regulations that prevent or restrict an HOA member from flying the US flag on their property.
United States Bankruptcy Code: The US bankruptcy code is incredibly complex. It relates to HOAs in that they can't violate the automatic stay of a bankruptcy case by taking actions to collect assessments that are subject to the case.
The Servicemembers Civil Relief Act: This Act protects servicemembers from foreclosures and collections actions while in service. Under this Act, creditors (not just debt collectors) can't obtain default judgments against servicemembers. Lienholders, including homeowners associations, aren't allowed to pursue non-judicial foreclosures.
Over-the-Air Reception Devices Rule: Under OTARD, restrictions that impair the installation, use, or maintenance of antennas that are used to receive video programming are prohibited.
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State Laws and Regulations That Govern Atlanta HOAs
HOAs are largely governed by state law despite the fact that there are a number of federal laws that directly impact their function.
Georgia state laws play a big role in how HOAs operate in Atlanta and other parts of the state.
Georgia Condominium Association Act: This is the primary law that governs residential condos in Georgia. Condos existing before October 1, 1975, could opt-in to the Act, while those created after October 1, 1975, were automatically governed by the Act.
Georgia Apartment Ownership Act: This Act was never repealed, but it was superseded by the Georgia Condominium Act. Though it's no longer printed in Georgia State laws, it technically continues to govern condo associations that haven't submitted the Georgia Condominium Act.
Georgia Property Owners Association Act: This is an act that governs the way that applicable associations are formed, managed, operated, and powered. Associations can opt for the POAA, or they can be organized based on common law principles.
Georgia Nonprofit Corporation Code: Georgia HOAs must be organized as either for-profit or nonprofit corporations before their declaration is recorded. Nonprofit HOAs are governed by this code, while the Georgia Business Corporate Code governs for-profit HOAs.
Georgia's Fair Housing Law: This Act applies to the federal FHA at the state level.
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What Questions Should You Ask a Prospective HOA in Atlanta?
When you're shopping for a home in the greater Atlanta area, you're usually focused on considerations like how long your commute will be, affordability, schools, and other practical matters. Though the specific details of your home– such as the number of bedrooms and size of the yard– might seem much more important than which HOA you become a member of, the truth is it's worth doing some research before making an offer.
Participating in a homeowners association is usually mandatory if you're going to buy a property in the community. This means you'll want to ask important questions and gather vital information before buying a home.
One particularly important matter is how much the HOA fees are. There can be a huge price range when it comes to the range of fees charged by HOA, which will depend on the specific community, its size, and the amenities they provide.
When you are interested in a certain community, you'll want to ask the following questions:
How much are the HOA fees, and what do they cover?
What is the process for setting HOA fee increases?
How much have fees been raised historically?
How often do fee increases occur?
How large is the reserve fund for the HOA?
Can I receive a copy of the CC&Rs?
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Understanding CC&Rs
Covenants, Conditions, and Restrictions (known as CC&Rs) are the rules created by individual homeowner associations. HOAs don't just create these rules, but they also enforce them.
This is where you will be able to learn what type of activity is restricted on your property. For example, a number of states are "right-to-dry" states, meaning that individuals have the right to hang laundry outside to dry on their own property. Georgia, however, is not one of these. If there are restrictions against any type of activity, such as hanging laundry outside so that it's viewable from the street, it will be found in the CC&Rs.
A covenant is a binding legal document that is used by nearly all planned communities, including condo associations and gated residential areas. When properly drafted and enforced, covenants tend to help retain property value in the neighborhood. Beyond that, CC&Rs can help keep communities better maintained, nicer looking, and safer.
What Are Common HOA Rules and Restrictions in Atlanta?
It's always important to look into the rules and restrictions created by the homeowner's association you are considering becoming a member of. Not all HOAs will have the same rules, and they can range from lax to more strict when it comes to what you can and cannot do on your own property.
That being said, let's take a look at some common rules that can be found in HOA CC&Rs in Atlanta:
Vehicles and parking: Both how many vehicles you have and what type of vehicles (for example, commercial vehicles, boats, and RVs) you are allowed to keep on your property. There also might be rules about designated areas for parking and community speed limits.
Landscaping: Landscaping rules are pretty much standard in Atlanta HOAs since the association is responsible for the neighborhood's curb appeal. There will likely be rules about weeds, overgrown lawns, and generally unkempt exteriors. You'll also want to look for restrictions regarding the types of shrubs, plants, and trees that can be planted on your property.
Trash pickup: HOAs might have rules about how long before trash pickup you can put your bins out as well as how long after pickup you can leave them on the curb. There can also be rules about disposing of certain items in community-owned dumpsters.
Renting out your house: Subletting or renting out a home in an HOA is also something that is commonly covered in CC&Rs. It's common for homeowners to be required to receive written permission before they are able to rent out their homes.
Exterior storage: Rules regulating additional storage structures that are separate from the primary home aren't uncommon in Atlanta HOAs. They also might limit the type of equipment you can store outside or in view of the street, including recreational equipment such as kayaks and bicycles.
Architecture, appearance, and maintenance: HOAs can govern everything from fence height, acceptable siding and trim colors, home additions, remodels, and much more.
Behavior: HOA CC&Rs will often cover behavior rules in common areas, such as no profane music or no loud parties. The times when members are allowed to use common areas are also very common. Beyond that, members can also be fined for behavior in their own homes, such as excessive noise, pet restrictions, home occupancy limits, and how their property can be used.
How Can an Atlanta HOA Enforce Rules and Regulations?
When you look at an HOA's CC&Rs, you will find a section called the "covenant enforcement policy." This is where you can learn more about the specific process for enforcing the rules of the community.
It's worth noting that Georgia law prohibits association agents (including a board member or officer) from trespassing on an HOA member's property to force them to comply with the community's covenants.
Beyond that, HOAs cannot, in any way, restrict access to a home to a lawful occupant based on the accusation of violating a covenant.
One of the major responsibilities of the HOA board is enforcing the rules and covenants of the community. Some HOAs will first issue a warning when they become aware of a violation. In general, you will usually have a certain period of time before you start incurring violations for a fine, but not always.
It's common for fines to begin at $25 a day and then increase if they aren't resolved, but this can be specific to the HOA. Homeowners can request a hearing with the HOA board to explain why the violation is occurring.
If fines continue to add up and the violation isn't addressed, the account could be sent to a collection agency. When you have an account sent to collections, it can wreak havoc on your credit score and impact the range of financial opportunities open to you.
In most cases, HOAs will try to resolve problems without having to go to court. However, if fines build up to a large enough amount, a homeowners association might choose to sue the homeowner. In the most extreme scenario, an HOA could enact a lien on the property or force a foreclosure in order to recoup their assessments and fees.
What Can't Atlanta HOAs Enforce?
Living in the metro Atlanta area often means that your residence is part of an HOA. These governing bodies can vary quite a bit in terms of how invasive they are to your day-to-day life. Learning more about the rules in a given HOA is important before purchasing a property to ensure that the community will be a good fit.
That being said, it's worth understanding that there are certain restrictions that HOAs can't try to impose on members. These include:
Satellite dish stipulations: If an HOA tries to get a homeowner to take down a satellite dish or move it to a less visible spot, they're in violation of the Over-the-Air Reception Devices Rules governed by the Federal Communication Commission. Both renters and homeowners are protected under this law.
Participation prevention: Homeowners in an HOA have the right to participate in association meetings. This is true regardless of whether they're facing fines or violations.
Penalties and fines without basis: Fines and penalties can result when homeowners fail to pay their dues promptly or violate the HOA rules. However, HOA fines cannot be maliciously imposed on homeowners and, instead, need to be based on the rules and bylaws of the HOA.
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