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Important legal disclaimer.
HOA Ballot is not a law firm and does not provide legal advice. Nothing
on this page, and nothing HOA Ballot says, does, or generates, is legal
advice or may be relied on as legally valid or sufficient. Your
association and its legal counsel are solely responsible for verifying
the approval threshold, legal compliance, amendment language, filing
requirements, and legal sufficiency of the vote. Please independently
verify all information and consult a licensed attorney. Statute
references on this page are shown for transparency about what we review;
they are not legal advice — confirm every requirement with your
association's attorney.
What we look for before quoting
A practical review, not legal advice
Planned communities (Georgia POAA)
Georgia's Property Owners' Association Act is opt-in: it generally governs only communities whose recorded declaration expressly elected to be bound by it (O.C.G.A. § 44-3-220 et seq.). Where it applies, declaration amendments generally need agreement of owners holding at least two-thirds of the association vote, or a larger majority the declaration specifies, and the Act generally caps the required approval at no more than 80 percent (O.C.G.A. § 44-3-226). If your community never opted in, its recorded declaration's own amendment clause typically controls, so we confirm which regime and threshold apply before quoting.
Condominiums (Georgia Condominium Act)
Georgia condominiums generally fall under the Georgia Condominium Act, which generally requires agreement of unit owners holding two-thirds of the association votes — or a larger majority the instruments specify — to amend the condominium instruments (O.C.G.A. § 44-3-93). Certain changes, such as unit boundaries, undivided common-element interests, allocated votes, or common-expense liability, generally need the agreement of all affected unit owners (and, where applicable, their mortgagees), so they are not ordinary two-thirds amendments. An amendment generally takes effect only when recorded in the county real estate records, and the statute lets an officer's sworn statement evidence that the required vote and notices were obtained.
How the vote can run
Because Georgia associations are generally organized as nonprofit or business corporations (O.C.G.A. § 44-3-227), the mechanics of a vote generally follow the Georgia Nonprofit (or Business) Corporation Code (Title 14) together with your bylaws, which can allow action by a ballot delivered in writing or by electronic transmission when a meeting is not required, unless the documents limit it. Proxies are generally permitted (e.g., O.C.G.A. § 44-3-224 for POAA communities), and owners generally must receive advance written notice — at least 21 days for an annual or regularly scheduled meeting under the POAA (O.C.G.A. § 44-3-230). We match the method, notice, and any tabulation or secrecy steps to what your documents and Georgia law allow.
Before we quote
Georgia details that shape your vote
These are the things we check so your quote and timeline are realistic —
not legal advice, just the questions a careful Georgia vote has to answer.
Whether your community actually opted into the Property Owners' Association Act or is governed only by its recorded declaration
Planned community vs condominium — different statutes (O.C.G.A. § 44-3-220 vs § 44-3-70) and amendment paths
The amendment threshold your declaration sets — Georgia's statutory baseline is generally two-thirds, capped at no more than 80 percent, but many declarations require more
Whether the change triggers all-owner / all-mortgagee consent (boundaries, allocated votes, or common-expense liability)
Whether your bylaws permit written or electronic ballots or require a meeting, plus 21-day notice timing
Mortgagee consent and Georgia's 30-day deemed-consent rule for a non-responding lender (O.C.G.A. § 44-3-226 / § 44-3-93)
Recording the amendment in the county real estate records to make it effective, with the officer's sworn statement
New for 2026-2027: Secretary of State registration under SB 406 (Georgia Property Owners' Bill of Rights Act), which can affect an association's standing to act
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Tell us who to contact and which community needs a quote.
