Yes, a Georgia association can lien and eventually foreclose on your home over unpaid assessments, and fines, even if your mortgage is current. Under O.C.G.A. § 44-3-109 (condo) and § 44-3-232 (POA), recording the declaration itself puts that lien on the record; the association doesn't need to file a separate claim of lien. The lien covers assessments, fines, and reasonable charges for materials or services the association provided at your request, and it outranks most other liens on the property except tax liens, a first-priority or pre-declaration mortgage, and certain purchase-money liens.
But Georgia wraps that power tightly. Foreclosure happens only through "an action, judgment, and foreclosure" in court, not a private trustee's sale, which means you get a real court process before you can lose the home. Two hard floors sit inside that process: the association must send at least 30 days' notice by certified mail or statutory overnight delivery, specifying the amount due, before it can foreclose; and no foreclosure action is permitted at all unless the lien totals at least $2,000. A lien also lapses automatically four years after the assessment or installment first became due if the association never acts on it.
The five-day statement rule can void the lien outright
Separate from the foreclosure floors, §§ 44-3-109(d) and 44-3-232(d) create a sharp, underused tool. Any owner, mortgagee, buyer, or lender can submit a written request to the association's registered office asking for a statement of the amount owed. If the association fails to furnish that statement within five business days, its lien for assessments is extinguished as to that transaction. It's built for closings and refinances, but it shows how procedurally strict Georgia is about the paperwork behind this lien: miss the deadline, and the security disappears. Section 44-3-225 (POA) adds a related protection for a new owner: if a buyer or lender requested that statement before a purchase, they generally aren't liable for unpaid amounts beyond what the statement disclosed.
The authority
The statutes behind this
Cited by name as authority, for your own reading. Informational only, not legal advice.
O.C.G.A. § 44-3-232
Establishes the POA's lien for unpaid assessments and fines, its priority, the 30-day notice and $2,000 floor before foreclosure, and the four-year lapse.
O.C.G.A. § 44-3-109
The condominium parallel lien section, with the same mechanics plus a limited utility-suspension power tied to a court judgment.
O.C.G.A. § 44-3-225
Protects a buyer or lender who requested a payoff statement from liability for the prior owner's unpaid assessments beyond what the statement disclosed.
Step by step
How to respond to a Georgia assessment lien or foreclosure notice
Steps to take the moment you receive a lien or foreclosure notice over unpaid HOA or condo assessments in Georgia.
- 01
Read the notice for delivery method and amount
Confirm it was sent by certified mail or statutory overnight delivery and specifies the amount due, as § 44-3-109(c) or § 44-3-232(c) requires. A notice that skips this method or is vague on the amount is defective.
- 02
Get an itemized breakdown
Request a written accounting that separates real assessments from fines, late fees, interest, and attorney's costs. Remember foreclosure can't proceed at all if the lien totals less than $2,000.
- 03
Use the five-business-day statement rule
Submit a dated, written request to the association's registered office for a statement of amounts owed. If the association misses the five-business-day deadline, its lien for that request is extinguished by statute.
- 04
Check whether the lien has gone stale
Confirm the lien hasn't lapsed. Sections 44-3-109(c) and 44-3-232(c) kill the lien four years after the assessment or installment first became due if the association never acted.
- 05
Get a Georgia attorney before the court date
Because this lien can only be foreclosed through a court judgment, you'll have an actual case and a deadline to respond. Talk to a licensed Georgia attorney while you still have time to answer.
Straight answers
Common questions
Can a Georgia HOA or condo association really foreclose on my home?
Yes, but only through a court judgment. O.C.G.A. § 44-3-232 (POA) and § 44-3-109 (condo) give the association a lien for unpaid assessments and fines, but foreclosure requires an action and a court judgment, not a private sale.
Is there a minimum amount owed before they can foreclose?
Yes. Both § 44-3-109(c) and § 44-3-232(c) prohibit a foreclosure action unless the lien totals at least $2,000, on top of the required 30-day certified-mail notice.
What if the association never sends me a payoff statement I requested?
Its lien is extinguished for that transaction. Sections 44-3-109(d) and 44-3-232(d) require a response within five business days of a written request delivered to the association's registered office; missing that deadline voids the lien as to the request.
Can they foreclose over old unpaid dues from years ago?
Not indefinitely. The lien lapses four years after the assessment or installment first became due if the association never acted on it, under § 44-3-109(c) and § 44-3-232(c).