I wanted to highlight Section 3 of HB220 that was introduced at the last moment before passing the HB 220 this past Georgia legislative session. If you live in a Property Owners Association (POA), this is advantageous to your property designation/type.
HB220 LIMITS SECTION 3 OF THE BILL CHANGES TO THE PROPERTY OWNERS ASSOCIATION ACT (POAA). THEY ELIMINATED USING FINES TO PROHIBIT VOTING. THE ABILITY TO PROHIBIT VOTES DUE TO NOT PAYING DUES AND SPECIAL ASSESSMENTS REMAIN.
SECTION 3: KEY CHANGES TO COMPLIANCE AND ENFORCEMENT FOR PROPERTY OWNERS' ASSOCIATIONS
Section 3 of HB 220 revises Code Section 44-3-223, which pertains to compliance with provisions of property owners' association instruments and the enforcement of rules and regulations. The key points of this section include:
Compliance Requirements: Every lot owner and all occupants must comply with the lawful provisions of the property owners' association instrument, as well as any reasonable rules or regulations adopted by the association that have been provided to the lot owners.
Grounds for Legal Action: Lack of compliance with these provisions can lead to legal actions for recovery of sums due, damages, injunctive relief, or any other available remedy. These actions can be initiated by the association or by one or more aggrieved lot owners, either individually or as a class action.
Notice Requirements for Injunctive Relief: The association must provide notice in accordance with the instrument or, if silent, with ten days' written notice before pursuing injunctive relief. However, no notice is required in cases where the violation presents an imminent danger or where injunctive relief would become moot if not granted immediately.
Fines and Suspension of Rights: The association is empowered to impose fines and temporarily suspend voting rights and the use of certain common areas and services to enforce compliance. Importantly, these suspensions cannot impact access to the owner's lot or the right to vote in board elections due to unpaid fines.
Voting Rights and Dues: Voting rights can be temporarily suspended for failure to pay regular and special assessments. However, the suspension of voting rights specifically due to outstanding fines is prohibited. This ensures that lot owners retain their fundamental voting rights in board elections despite financial disputes related to fines.
The changes introduced in Section 3 aim to strengthen the enforcement capabilities of property owners' associations while ensuring that punitive measures, such as suspension of voting rights, do not overreach by infringing on fundamental rights of lot owners. This balanced approach seeks to maintain compliance and uphold the integrity of community governance while protecting the essential participatory rights of the property owners.
Please confirm with your legislators and an attorney.
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