Buyer guide
Pools, clubhouses, mowed common areas and a neighborhood that stays looking sharp: a homeowners association can be a great fit. It also comes with dues, rules and a board that makes decisions. Here's what to check before you buy.
The basics
When you buy in a community with a homeowners association (HOA), membership is mandatory. The HOA is usually a nonprofit set up by the developer to take care of shared property like the pool, entrance and common landscaping, enforce the covenants, and collect dues to pay for it all.
The rules live in a recorded Declaration of Covenants, Conditions and Restrictions (often called the CC&Rs), along with the bylaws and the board's rules and regulations. A board of directors makes most decisions, while big changes, like amending the Declaration, usually go to a vote of the owners. Large master-planned communities sometimes have both a master association and a sub-association.
The covenants are generally enforceable, and under Georgia law you're bound by them whether you read them or not. That's why reading them during your due diligence period matters.
We keep recorded covenants for many neighborhoods around Athens in one place.
Subdivision covenants →Buying a townhome or a unit in a building? It may be a condo instead, which works differently.
Buying a condo →What you'll pay
Paid monthly, quarterly or yearly. Ask what they cover and how much they've gone up over the past few years.
Many HOAs charge new owners a capital contribution, initiation fee, transfer fee or management setup fee. There's no standard, so ask the manager or seller for the exact amounts.
If the HOA comes up short, it can bill every owner. Unpaid dues can become a lien on the home, and the HOA can usually suspend your use of the amenities.
Your closing attorney checks for any money the seller owes the HOA with a title search and a "clearance letter" from the association, so you don't inherit someone else's unpaid dues.
Read before you sign
The Declaration's legal description shows exactly which land is part of the HOA. A big-looking community isn't always all one association.
The Declaration may also allow the HOA to expand, but future phases may never be built, or may have different home sizes, styles or prices.
Do your homework
Many HOA records are only available to current members, so we can ask the seller to get them for you during due diligence.
New communities
While a neighborhood is still being built, the developer (called the "Declarant") usually controls the HOA by appointing the board. That can last for years. Once most lots are sold, control "turns over" to the owners, who elect their own board.
Some HOAs are set up under Georgia's Property Owners' Association Act (O.C.G.A. § 44-3-220), which gives them stronger powers to collect dues and enforce the covenants, and lets owners amend the documents with a two-thirds vote (O.C.G.A. § 44-3-226).
Buying a home that hasn't been built yet? Our new construction guide →
We'll email you the Georgia REALTORS® brochure What to Consider When Buying Real Property in a Community Association, free.
Looking at a neighborhood?
We've lived it. Stephen, Meg and Frank have all lived in HOA communities, and Stephen has served on an HOA board, including as president. We'll pull the covenants, ask about dues and fees, and help you request the HOA records you need before your due diligence ends.
Good to know: this is a general overview, not legal advice. Every community's documents are different; read them and consult the professionals of your choice.
We're real estate agents, not attorneys. Nothing on this page is legal advice. Laws change and every situation is different, so always consult an attorney about your specific situation. Attorneys you can contact: Weissman PC · Blasingame, Burch, Garrard & Ashley, P.C.