You can generally sell while behind on POA dues; the arrears can be paid from proceeds at closing.
First check whether your recorded declaration elects the Georgia POA Act, which sets the lien, the five-business-day statement, and the foreclosure limits. SB 406 changes the foreclosure minimum and extends the lien to six years starting January 1, 2027.
This is general information, not legal advice. State rules vary.
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Does your subdivision's declaration elect the Georgia POA Act?
Free. No obligation. You choose the closing date.
If you are behind on POA dues and selling a house in Georgia, the unpaid balance does not by itself block the sale. At closing, the attorney can ask the association for a statement of what is owed, and the balance can be paid from the seller's proceeds. What differs from one Cherry Log subdivision to the next is which law governs those dues.
Some mountain subdivisions around Cherry Log and Mineral Bluff have a property owners' association that keeps up private roads, gates, or shared lots. Some declarations elect the Georgia Property Owners' Association Act, and some older ones rely on recorded covenants alone. This guide covers how to tell them apart, what the closing attorney needs, and what Georgia's 2026 HOA law changes. It is general information, not legal advice.
Does the Georgia POA Act cover your Cherry Log subdivision?
Under current law, the Georgia POA Act covers a Cherry Log subdivision only if its recorded declaration, or a later recorded amendment, elects to be governed by the Act; SB 406 adds a second path in 2027. Without that election, the dues come from the covenants alone.
Under O.C.G.A. § 44-3-235, the Act applies to property submitted to it, and only developments submitted to it can claim its benefits. Another section of the Act spells out the test:
"Any declaration or amendment intending to bring or avail a development of the benefits and provisions of this article shall state an affirmative election to be so governed."
O.C.G.A. § 44-3-222, Georgia Property Owners' Association Act
Some older subdivisions rely on recorded covenants and never added that election. In those communities, the Act's lien, foreclosure, and statement rules do not apply. The association's rights come from what its covenants say.
Where to read your declaration
Declarations, amendments, and plats are recorded with the Clerk of Superior Court in the county where the land sits. Cherry Log is a Gilmer County community, so its subdivision records are generally at the Gilmer County Clerk of Superior Court, 1 Broad Street, Suite 203, Ellijay (706-635-4462). Mineral Bluff records are with the Fannin County Clerk of Superior Court at the courthouse, 400 West Main Street, Blue Ridge.
If you are unsure which office holds yours, check which county your tax bill and deed come from. Your deed or owner's title policy may list the declaration's book and page. Inside the declaration and any amendments, look for a reference to the "Georgia Property Owners' Association Act" or to Article 6 of Chapter 3 of Title 44. A Georgia real estate attorney can confirm what the documents mean for your lot.
POA Act community vs. covenants-only community
The main difference is where the association's collection power comes from. The POA Act gives the association a statutory lien with set limits, while a covenants-only association has only what its recorded covenants provide.
| Question | POA Act community | Covenants-only community |
|---|---|---|
| How to tell | The declaration or a recorded amendment states an affirmative election to be governed by the Act (§ 44-3-222) | No election appears in the declaration or its amendments (§ 44-3-235) |
| Lien for unpaid dues | Automatic lien on the lot; the recorded declaration is notice of it (§ 44-3-232(a)) | Depends on the covenants' own wording |
| Rank of the lien | Ahead of other liens except property taxes, a first-priority mortgage, a mortgage recorded before the declaration, and certain secondary purchase-money mortgages (§ 44-3-232(a)) | Not set by the POA Act; a Georgia attorney can read the covenants |
| Late charges and interest | If the instrument provides: late charge up to the greater of $10 or 10% of the unpaid installment; interest up to 10% a year (§ 44-3-232(b)) | What the covenants provide, including collection costs and reasonable attorney's fees actually incurred, to the extent the covenants say so (§ 44-5-60(e)) |
| Foreclosure of the lien | Only through a court action, 30 days after certified notice, on a lien of at least $2,000 (§ 44-3-232(c)) | The Act's foreclosure section does not apply; remedies depend on the covenants |
| Lien lapse | Four years after each assessment first became due (§ 44-3-232(c)) | No POA Act lapse rule |
| Statement of amounts due | Within five business days of a written request; fee up to $10 if the instrument allows (§ 44-3-232(d)) | No POA Act deadline; a written request still gives everyone a dated record |
How does a Georgia POA Act lien work when you are behind on dues?
In a POA Act community, unpaid assessments become a lien on your lot once they are due. No separate lien filing is needed, because O.C.G.A. § 44-3-232 makes the recorded declaration record notice of the lien.
The same sums are also your personal obligation as the lot owner. The lien ranks ahead of most other liens on the lot. The exceptions are property taxes, a first-priority mortgage, a mortgage recorded before the declaration, and certain secondary purchase-money mortgages.
Property taxes are one of the exceptions to the lien's priority, so a house that is also behind on taxes carries a second balance to settle. Our guide to selling a Fannin County house with delinquent property taxes covers that side.
What can be added to the balance
If your declaration allows it, a POA Act association may add these charges under § 44-3-232(b):
- A late charge of up to the greater of $10 or 10% of each unpaid installment
- Interest of up to 10% a year
- Collection costs and reasonable attorney's fees
Since July 1, 2026, Section 7 of signed SB 406 adds steps before a POA Act association can collect or be awarded attorney's fees. Except in emergencies involving public safety or the preservation of property, it must first send written notice of outstanding fines or delinquent fees by certified mail or statutory overnight delivery. The owner then has 30 days from receipt to pay, and the association must give an itemized list of the attorney's fees claimed. That section applies to actions filed on or after July 1, 2026.
How do you get an HOA statement of account in Georgia?
In a POA Act community, you, your lender, or a buyer under contract can ask in writing for a statement of past-due assessments. The association then has five business days to deliver it.
The statement covers past-due assessments plus their late charges and interest. The association may charge up to $10 for it, but only if the instrument provides for a fee (§ 44-3-232(d)).
The deadline matters. If the association does not furnish the statement within five business days, its lien is extinguished as to the title or interest the requesting purchaser or lender acquires (§ 44-3-232(d)).
What the closing attorney needs
A closing attorney can request the association's statement along with the title search. It can help to have these ready:
- The association's name and mailing address, or its manager's
- Your latest dues notice and any past-due letters
- Any special assessment or road fee notices from recent years
- Any payment plan or waiver the board signed
A covenants-only association is not bound by the five-day rule. You can still ask in writing, and a dated request gives you and the attorney a record of when you asked.
How are POA arrears paid when you sell a Cherry Log house?
The association's past-due balance can be paid from the seller's proceeds, as a line on the closing statement, so the arrears may not have to be paid out of pocket before closing.
In a POA Act community, the lien stays with the lot until it is paid or lapses. For that reason, a buyer may want it cleared at closing.
Road fees and special assessments
Some mountain associations maintain private gravel roads, and road work can arrive as a special assessment on top of regular dues. Whether a road fee is an assessment secured by the lien depends on your declaration. Our guide to selling a cabin on a private gravel road in Mineral Bluff or Cherry Log covers road access and lender questions.
Starting January 1, 2027, SB 406 draws a line between the two. Regular assessments fund the operating budget, including common area maintenance and routine repairs. Special assessments cover costs outside that budget, such as nonroutine repairs and capital projects.
What the numbers look like around Cherry Log
For scale, Zillow's typical value for ZIP 30522, which covers Cherry Log, was $483,056 in September 2026, against $483,910 in September 2025 (Zillow ZHVI, September 2026). Gilmer County's typical value was $411,163 in September 2026 (Zillow ZHVI, September 2026).
Can a Cherry Log POA foreclose for unpaid dues?
A POA Act association can foreclose its lien, but only through a court action. Under current law, the lien must be at least $2,000, and 30 days must pass after notice by certified mail or statutory overnight delivery (§ 44-3-232(c)).
The notice goes to the lot's address and to any other address you gave the association in writing. It must state the assessments due, the late charges, and the interest rate. A court order in this foreclosure does not affect the rights of holders of superior liens, such as a first mortgage lender.
If a mortgage lender has also started foreclosure, that is a separate process. Our guide on how to stop foreclosure in Georgia covers the lender's timeline.
The four-year lapse
Under current law, the lien for each assessment lapses four years after that assessment first became due (§ 44-3-232(c)). The lapse applies to the lien. The statute separately makes the sums the lot owner's personal obligation, so a Georgia real estate attorney can say what a lapse means for old charges.
What does SB 406 change on January 1, 2027?
Starting January 1, 2027, SB 406 resets the POA foreclosure minimum to the lesser of $4,000 or 12 months of regular assessments (never below $2,000), doubles the notice period to 60 days, and extends the lien's life from four years to six. Georgia's governor signed it as the Georgia Property Owners' Bill of Rights Act.
| Rule | Through December 31, 2026 | From January 1, 2027 |
|---|---|---|
| Notice before a POA Act foreclosure | 30 days | 60 days; paying the stated amount before the sixtieth day ends the right to foreclose (SB 406, Section 5) |
| Minimum lien to foreclose | $2,000 | The lesser of $4,000 or 12 months of regular assessments, but not less than $2,000; fines, fees, and specific assessments do not count (SB 406, Section 5) |
| Lien lapse | 4 years | 6 years (SB 406, Section 5) |
| Joining the POA Act | Amend the declaration (§ 44-3-235) | Also an 80% association vote and a recorded instrument (SB 406, Section 6) |
| Registration | Not required by the POA Act | Annual registration with the Secretary of State; an unregistered association may not file liens or start foreclosure (SB 406, § 43-17A-2) |
| Attorney's fees notice | In effect since July 1, 2026 | Unchanged (SB 406, Section 7) |
From 2027, an association must also apply each payment to regular dues first, then special assessments, then specific assessments, then other fees and fines. It may not refuse a payment in any amount toward an assessment (SB 406, § 43-17A-8). How the six-year period treats assessments that came due before 2027 is a question for a Georgia attorney.
Talking to the POA board about a payoff
A written payoff request is a useful starting point, because it gives you, the board, and the closing attorney the same number. Asking early also leaves time to sort out any charge you question before the closing date.
Some owners also ask the board to:
- Itemize dues, special assessments, road fees, late charges, interest, and attorney's fees on separate lines
- Confirm the late charge and interest rate the declaration allows
- Put any payment plan or waiver in writing, signed by an officer
- Send the statement straight to the closing attorney
If a charge looks wrong, the declaration and § 44-3-232(b) set the outer limits for late charges and interest in a POA Act community. A Georgia real estate attorney can review a disputed balance before closing. For local context on the area, see Propcash's Mineral Bluff and Cherry Log page.
How can Propcash help when you are behind on POA dues?
Propcash is a direct cash homebuyer, and we want to buy your house as is, POA balance and all. The association's past-due balance can be paid from the sale at closing.
We'll make you a cash offer based on local market data, and we'll show you how we got to our number. You pick your closing date, as few as 7 days after the contract is signed. A cash offer is one option to set beside listing the house or a payment plan with the board. There are no agent commissions, no closing costs charged to you, and no fees, and if our offer doesn't work for you, walk away. If a cash sale is not your best move, we will tell you. When you are ready, you can get a cash offer on your Cherry Log house.
Frequently Asked Questions
Does a buyer take on my unpaid POA dues if I sell?
In a community under the Georgia POA Act, unpaid assessments are a lien on the lot itself, so a buyer and the closing attorney may want the balance cleared at closing, and the payoff can come out of the seller's proceeds. If the association fails to answer a buyer's written request for a statement within five business days, the lien is extinguished as to the interest that buyer acquires (O.C.G.A. 44-3-232(d)).
How much can a Georgia POA add in late charges and interest?
In a POA Act community whose declaration allows it, the late charge on each unpaid installment can be no more than the greater of $10 or 10 percent of that installment. Interest can run at no more than 10 percent a year. Collection costs and reasonable attorney's fees can also be added when the instrument allows them (O.C.G.A. 44-3-232(b)).
Do private road fees count as POA assessments?
That depends on how your declaration describes them. If the declaration treats road maintenance as part of the assessments, unpaid road fees can sit inside the same balance as regular dues. From January 1, 2027, SB 406 defines regular assessments to include routine maintenance and repairs, and special assessments to include nonroutine repairs and capital projects.
Where is a Cherry Log subdivision's declaration recorded?
Cherry Log is a Gilmer County community, so its declarations, amendments, and plats are generally recorded with the Gilmer County Clerk of Superior Court at 1 Broad Street, Suite 203, Ellijay (706-635-4462). For Mineral Bluff, the records are with the Fannin County Clerk of Superior Court at the courthouse, 400 West Main Street, Blue Ridge. If you are unsure, check which county your tax bill and deed come from.
Does the lien lapse erase old dues I never paid?
Not necessarily. Under current law, the association's lien for each assessment lapses four years after that assessment first came due, but the statute also makes the sums the lot owner's personal obligation (O.C.G.A. 44-3-232(a) and (c)). SB 406 lengthens the lapse to six years starting January 1, 2027, so a Georgia real estate attorney is the right person to say what applies to old charges.
Can a covenants-only association join the POA Act later?
Yes. An association with mandatory membership can amend its recorded declaration to submit to the Act under O.C.G.A. 44-3-235. Starting January 1, 2027, SB 406 adds a second path: an 80 percent vote of the association and a recorded instrument certifying that vote. Checking for any later recorded amendment is part of reading your subdivision's documents.
Reviewed by the Propcash Editorial Team under our editorial standards. Published by Propcash, a direct cash buyer of houses. This guide is general information. Laws, fees, and market figures change, so check the current rules for your state.
