This By-Laws document contains the following information: the name and location of the corporation, the shareholders, and the duties of the officers.
Bylaws Of Homeowners Without A Board In Georgia
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FAQ
Homeowners often ask whether local laws supersede the rules and regulations set forth by their homeowner association (HOA). The short answer is yes, local laws do supersede HOA rules.
Corporate bylaws are legally required in Georgia. Georgia code § 14-2-206 (2021) requires the incorporators or board of directors to adopt bylaws.
Who regulates homeowners' associations in Georgia? Title 44, Chapter 3, Article 6 of the Georgia Code, governs community associations in Georgia. This act, which is known as the Property Owners' Associations Act, governs a community of homeowners who have the responsibility of repairing and maintaining shared areas.
Georgia residents are subject to Georgia state and U.S. federal laws. Federal laws apply in Georgia as they do across all 50 states. In addition to the U.S. Constitution, which is the supreme law of the U.S., federal laws include statutes that are periodically codified in the U.S. Code.
The Bulk Transfer Act, O.C.G.A. § 11-6-101 et seq., preserves a creditor's remedy against the goods, not against the transferee personally, and permits a creditor to pursue goods in the hands of a transferee as though they still belonged to the transferor.
Finally, is an HOA considered a local government? No—HOAs are not considered a local government entity. While they do hold some administrative functions for a community, such as collecting assessments and enforcing rules, they do not possess the authority granted to real government bodies.
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.
Also, for the decisions made by an HOA, except for the cases provided for by Article 7(4) of this Law, the HOA members shall be liable, personally and jointly, in proportion to their share in the common property of HOA members. The responsibility of a hired manager is determined by an agreement.