Georgia HOA Election Rules: POA Act and Nonprofit Code Guide (2026)

Georgia has a large and fast growing community association population, concentrated in metro Atlanta. It also has the most counterintuitive legal framework of any major HOA state. The Georgia Property Owners' Association Act is not automatic. It only governs a community that affirmatively opted into it. A large share of Georgia HOAs never opted in and are governed entirely by their recorded covenants and the Georgia Nonprofit Corporation Code. Determining which regime applies is not a detail. It is the first decision a Georgia board has to make before it can run a valid election.

This guide walks through how the Property Owners' Association Act, the Condominium Act, and the Nonprofit Corporation Code interact, what each requires for elections, and where Georgia boards most often go wrong.

This article is for informational purposes only and does not constitute legal advice. HOA election requirements vary by governing documents and local regulations. Consult a qualified attorney for advice specific to your community.

The Georgia Statutory Framework

Georgia has three relevant bodies of law, and the threshold question is which one your community actually falls under.

The Property Owners' Association Act gives an HOA powerful statutory tools, including automatic lien rights and clearer enforcement authority, but only if the declaration was drafted or amended to submit the community to the Act and that submission was recorded under O.C.G.A. 44-3-222. Condominiums are different. They fall under the Condominium Act automatically. For a non-condo HOA, the practical reality is that election procedure is driven by the recorded covenants plus the Nonprofit Corporation Code, whether or not the community opted into the POA Act.

Step One: Determine Which Regime Governs

Before anything else, a Georgia board must answer two questions. First, is the community a condominium? If yes, the Condominium Act applies. Second, if it is a planned community, does the recorded declaration expressly submit it to the Property Owners' Association Act? If yes, the POA Act's provisions are available. If no, the community runs on its covenants and the Nonprofit Corporation Code.

Boards routinely assume the POA Act governs them because it exists. It does not govern automatically. Running an election on the assumption that a statute applies when it does not is the most distinctively Georgian way to produce a challengeable result.

Notice Requirements

For the large majority of Georgia HOAs incorporated as nonprofit corporations, O.C.G.A. 14-3-705 controls meeting notice. Notice of an annual or special members' meeting must be given not less than 10 days and not more than 60 days before the meeting, and notice of a special meeting must describe its purpose. The recorded declaration or bylaws frequently impose a longer or more specific notice period, and where they do, the governing documents control because the statute sets a minimum.

Condominium associations follow the meeting and notice provisions of the Condominium Act in addition to the Nonprofit Corporation Code.

Candidate Eligibility and Nominations

Neither the POA Act nor the Nonprofit Corporation Code prescribes detailed candidate qualifications. Eligibility, nomination method, and good standing requirements come from the declaration and bylaws. As in North Carolina, the safe practice is to adopt written election rules before the cycle so eligibility is answered by a document rather than by the sitting board.

Voting and Proxies

Most Georgia HOAs vote under the Nonprofit Corporation Code. O.C.G.A. 14-3-724 permits a member to vote in person or by proxy. A proxy is generally valid for 11 months unless it expressly states a longer period, and it is revocable unless it is coupled with an interest. The declaration or bylaws may further restrict or expand proxy use, and condominiums also look to the proxy provisions of the Condominium Act.

Georgia does not impose a statewide secret ballot mandate for HOA board elections. Ballot secrecy is whatever the governing documents make it. This places Georgia in the same flexible, document-driven category as North Carolina rather than the prescriptive category of California or Nevada. The integrity of a Georgia election therefore rests on verified identity, valid proxies, and a clean record rather than on a statutory secrecy mechanism. For the multi-state comparison, see HOA secret ballot requirements by state.

Quorum

For incorporated associations, O.C.G.A. 14-3-722 sets the default quorum rule. The bylaws may fix a quorum, and absent a controlling bylaw the statutory default applies. Most Georgia HOA bylaws set their own quorum figure, often well above any statutory floor, so the governing documents must be read rather than assumed. Because proxies count toward quorum under the Nonprofit Corporation Code, proxy solicitation is a common Georgia quorum tactic, with the same documentation risks it carries everywhere. For cleaner approaches, see How to reach quorum: proven strategies.

Electronic Voting

Georgia has a clear legal basis for electronic elections. The Nonprofit Corporation Code permits action by written ballot and allows members to participate in meetings by means of remote communication when authorized. The Georgia Uniform Electronic Transactions Act (O.C.G.A. Title 10, Chapter 12) gives electronic records and electronic signatures the same legal effect as paper. Together, these let a Georgia HOA run an electronic election when the governing documents permit it or are amended to permit it.

A compliant Georgia electronic election should:

• 1Authenticate each member against the roll

• 2Apply the proxy rules of O.C.G.A. 14-3-724 where proxies are used

• 3Honor whatever secrecy rule the declaration and bylaws impose

• 4Prevent double voting and preserve a tamper evident audit trail

• 5Provide an alternative for members who cannot vote electronically

A platform like vote.direct handles authentication, proxy capture, optional secrecy, and the record in one workflow. For the national picture, see Electronic voting for HOAs by state.

Records and Member Inspection

Incorporated Georgia associations are subject to the corporate records and inspection provisions of the Nonprofit Corporation Code, O.C.G.A. 14-3-1601 through 14-3-1602, which give members the right to inspect specified records on proper notice and for a proper purpose. Communities under the Property Owners' Association Act also have the statutory authority and recordkeeping expectations that come with it. In either case, the practical defense against an election challenge is the same: retain ballots, proxies, the membership roll, and the tally, and be able to produce them quickly on a member request.

Removal of Board Members

For associations incorporated as nonprofits, O.C.G.A. 14-3-808 governs removal of directors. Members may remove one or more directors with or without cause unless the articles of incorporation provide that directors may be removed only for cause, and a director elected by members may be removed only by the members. The vote required is generally a majority of votes cast at a meeting called for that purpose where a quorum is present, subject to any higher threshold in the governing documents. The recorded declaration and bylaws may add procedural steps such as a petition requirement, and those must be followed precisely.

Common Compliance Failures

The five most common ways Georgia HOA boards run into election trouble:

• 1Assuming the POA Act applies. It only applies if the declaration expressly submitted the community to it under O.C.G.A. 44-3-222. Acting on statutory authority the community never adopted is the signature Georgia error.

• 2Mishandling proxies. Proxies older than 11 months without an express longer term, or proxies not properly revoked, are invalid under O.C.G.A. 14-3-724 and should not be counted.

• 3No written election rules. With statutes largely silent on procedure, the absence of adopted rules leaves eligibility and ballot questions to board discretion, the usual origin of challenges.

• 4Notice outside the 10 to 60 day window. O.C.G.A. 14-3-705 sets the floor and ceiling for incorporated associations. Missing it is an avoidable defect.

• 5No usable records. Members have statutory inspection rights. A board that cannot produce ballots, proxies, and the roll is exposed in any dispute.

FAQ

Q: Does the Georgia Property Owners' Association Act apply to every HOA?

No. The Property Owners' Association Act (O.C.G.A. 44-3-220 et seq.) applies only to communities whose recorded declaration expressly submits them to it under O.C.G.A. 44-3-222. Many Georgia HOAs never opted in and are governed by their covenants and the Nonprofit Corporation Code. Condominiums are covered by the Condominium Act automatically.

Q: Does Georgia require a secret ballot for HOA elections?

No. Georgia has no statewide secret ballot mandate for HOA board elections. Ballot secrecy is determined by the declaration, bylaws, or adopted election rules.

Q: Can a Georgia HOA use proxy voting?

Yes. For associations under the Nonprofit Corporation Code, O.C.G.A. 14-3-724 permits voting by proxy. A proxy is valid for 11 months unless it states a longer period and is revocable unless coupled with an interest, subject to any further limits in the governing documents.

Q: Can a Georgia HOA hold elections electronically?

Yes. The Nonprofit Corporation Code allows action by written ballot and remote participation when authorized, and the Georgia Uniform Electronic Transactions Act (O.C.G.A. Title 10, Chapter 12) gives electronic records and signatures legal effect. The system must authenticate voters, apply proxy rules, honor any secrecy requirement, and keep an audit trail.

Q: How do Georgia owners remove a board member?

For incorporated associations, O.C.G.A. 14-3-808 lets members remove directors with or without cause unless the articles require cause, generally by a majority of votes cast at a meeting called for that purpose with a quorum, subject to any higher threshold or added procedure in the governing documents.

Q: What is the first thing a Georgia board should check before an election?

Whether the community is a condominium, and if not, whether the recorded declaration submitted it to the Property Owners' Association Act. That answer determines which statute governs and is the foundation of a defensible Georgia election.

The Bottom Line

Georgia's framework rewards boards that know exactly which law governs them and punishes boards that assume. The opt in structure of the Property Owners' Association Act, the automatic coverage of the Condominium Act, and the gap filling role of the Nonprofit Corporation Code mean that two HOAs on the same street can be running under different rules. Once the governing regime is settled, the rest follows the same discipline good elections need everywhere: written rules, valid proxies, verified identity, and a record a member can inspect.

Electronic voting supports that discipline directly. It applies the proxy rules, enforces whatever secrecy the documents require, and produces the inspection ready audit trail that both the POA Act and the Nonprofit Corporation Code contemplate.

Sources:

• 1O.C.G.A. 44-3-220 through 44-3-235: Georgia Property Owners' Association Act

• 2O.C.G.A. 44-3-222: Submission of a community to the Property Owners' Association Act

• 3O.C.G.A. 44-3-70 et seq.: Georgia Condominium Act

• 4O.C.G.A. Title 14, Chapter 3: Georgia Nonprofit Corporation Code

• 5O.C.G.A. 14-3-705: Notice of members' meetings

• 6O.C.G.A. 14-3-724: Voting and proxies

• 7O.C.G.A. 14-3-722: Quorum requirements

• 8O.C.G.A. 14-3-808: Removal of directors by members

• 9O.C.G.A. 14-3-1601 through 14-3-1602: Corporate records and member inspection rights

• 10O.C.G.A. Title 10, Chapter 12: Georgia Uniform Electronic Transactions Act

Every rule on one page: Georgia HOA voting rules, with quorum, notice, proxy and electronic voting at a glance.