No property-owners-association foreclosure for liens under $2,000
O.C.G.A. § 44-3-232
In plain words
In a Georgia community governed by the Georgia Property Owners’ Association Act, the association has a lien for unpaid assessments. But it cannot foreclose that lien unless the amount is at least $2,000. It can still use other ways to collect smaller debts.
Who is protected
Lot owners in Georgia communities that have adopted the Property Owners’ Association Act.
When it applies
- Only in Georgia.
- Only if you owe your HOA.
What you can do
Ask in writing
Ask the association in writing for an itemized ledger and a payment plan.
Open the toolRead the Georgia guide
Our Georgia page explains the whole process step by step, with its sources and free local help.
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Honest limits
- Only applies if your community’s declaration submitted to the Act; condominiums follow a separate act.
- This is general education, not legal advice. Laws change and details depend on your papers and your court; check the current law or ask a lawyer or legal aid.
The law
- State lawPOA lien; $2,000 foreclosure minimum
O.C.G.A. § 44-3-232
What it says: No foreclosure of the association’s lien unless it is at least $2,000.
Read the official texthttps://law.justia.com/codes/georgia/title-44/chapter-3/article-6/section-44-3-232/
Court cases
- Homeowner wonSame topicBartee v. Tara Colony Homeowners Ass'n
Bartee v. Tara Colony Homeowners Ass'n (In re Bartee), 212 F.3d 277 (5th Cir. 2000)
Chapter 13's anti-modification rule does not protect a junior lienholder whose lien is not supported by any value in the debtor's home
Related rights
The right to real notice before the government takes or sells your home
U.S. Const. amend. XIV, § 1Due Process Clause
Before a state or county sells your property — for example at a tax sale, or through a court foreclosure — the Constitution requires notice that is reasonably likely to actually reach you. If the government knows your address, publishing a notice in the newspaper is not enough. If a mailed notice comes back unclaimed, the government must take extra reasonable steps to reach you, if it practicably can.
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