In summary, there is no case where HOA rules override state law. Considering the hierarchy, federal, state, and local laws always take precedence over an association's rules. Board members should have a solid grasp of these laws. In doing so, they can protect the HOA and mitigate the risk of liability.
The Property Owners' Association Act oversees the creation, management, authority, and functions of the HOAs in Georgia. It's important to note here that associations can be formed under the POAA or using common law principles. In such cases, this act will not apply.
The Board shall elect from its members a Chairperson and a Vice-Chairperson in January of odd numbered years. Each shall serve a term of two years, or until their successor has been elected.
Ing to Georgia statutes, HOA membership must approve any amendments by two-thirds of the votes cast or a majority of the voting power, whichever is less. Each parcel gets one vote. This means that if every property owner votes, a simple majority is needed to pass the revisions.
The Property Owners' Association Act oversees the creation, management, authority, and functions of the HOAs in Georgia. It's important to note here that associations can be formed under the POAA or using common law principles. In such cases, this act will not apply.
6 Steps to Amend HOA Bylaws and Covenants Amendment Proposal. The first step consists of a proposal describing the changes to the bylaw or covenant. Discussion Meeting. The board will then discuss the proposed amendment at a board meeting. Give it a Vote. Count the Votes. Amendment Approval. Recording and Effectivity.
While you can propose rule changes through proper channels, there's no legal way to simply ignore or “get around” the HOA's covenants, conditions, and restrictions (CC&Rs) that you agreed to when purchasing in the community.