How Do HOA Evictions Work in Atlanta, Georgia?

How Do HOA Evictions Work in Atlanta, Georgia?

Did you know that 73.9 million Americans currently live under an HOA? There's no denying that HOAs have a significant amount of power within their communities. But, many people are unfamiliar with how far that power extends.

For example, in the state of Georgia can HOA evict residents? And what about HOA collection powers? If you want to discover the answers to these questions, you're in the perfect place.

This HOA evictions guide will teach you everything you need to know about HOA laws in Atlanta, Georgia. That way, you know the best way to proceed with the members of your community.

Are HOA Evictions Possible in Atlanta, Georgia?

The only way that an HOA can evict people in Atlanta, Georgia is if they're tenants. That means that someone is renting from a landlord who is an actual member of the HOA.

This can only occur if the tenant has broken a considerable number of HOA rules and is being disruptive toward the community.

The specifics of how this works will depend on the HOA agreement. Sometimes the HOA can evict the tenant directly. Other times, they can force or pressure the homeowner to terminate the lease for them.

HOAs Do Have the Power to Record a Lien Against the Property

It's not likely that an HOA will have the power or wherewithal to evict an association member for breaking community association rules. However, the state of Georgia has given these associations certain collection powers if members don't pay their fees.

These powers were established in 1994 under the Georgia Property Owners' Association Act. You can read the full documents for this law here. However, the most important part of it is that it gives HOA automatic stationery liens.

Typically, if an HOA member doesn't pay their fees, the HOA would need to file a lien at the local Atlanta courthouse. But thanks to this law, delinquent owners will be subject to an automatic lien.

If left unpaid, this can lead to foreclosure. However, it's important to note that the Georgia Property Owners' Association Act is a voluntary law.

That means that it doesn't automatically apply to every HOA in the state. Instead, HOAs will need to opt in either when their declaration is first created, or through an agreed amendment to the declaration.

How Property Management Can Make Your HOA Simpler

Dealing with a disruptive HOA member? Even if eviction is impossible, it's important to communicate with them to resolve any issues.

When you hire a community association management company for your HOA, these professionals take care of any community issues that need resolving. This gives your HOA board the ability to focus on more important tasks.

Need Full-Service Property Management? Contact PMI Perimeter

We hope this guide helped you learn more about HOA evictions. As you can see, HOAs do have some powers when it comes to breaking community guidelines or not paying dues.

However, the ease at which HOAs can do this depends on whether or not they applied for the Georgia Property Owners' Association Act. Even if your HOA signed up for the act, it's almost always better to communicate before following through with evictions or liens.

Property management groups like PMI Perimeter make this easy for HOA boards. We act as a middleman for any issues that occur within your community. So, contact us today to make life easier for your community.