Georgia HOA Estoppel Letter

What this letter does

A Georgia HOA closing letter, often called an estoppel or statement of assessments, tells a buyer, lender or owner what is past due on a lot. Georgia's Property Owners' Association Act sets how the request must be made, how fast the association must respond, and what happens to the association's lien if it does not. For the general version used outside Georgia, see the HOA estoppel letter.

Key rules in O.C.G.A. 44-3-232(d)

• Who may request. Any lot owner, mortgagee, person who has contracted to purchase, or lender considering a loan secured by the lot.
• How to ask. In writing, delivered to the registered office of the association, stating the address to which the statement is to be directed.
• 5 business days. If the association does not mail or furnish the statement within five business days of receiving the request, the lien for assessments is extinguished and of no further force as to the title or interest acquired by the purchaser or lender in the transaction.
• What the statement says. The amount of assessments past due and unpaid, with applicable late charges and interest. It is binding on the association and on every lot owner.
• Fee. The association may require payment of a fee not exceeding $10.00, if the instrument provides for it.

Related rules in the same section

• Late charge and interest. To the extent the instrument provides, the lien can include a late charge of not more than the greater of $10.00 or 10 percent of each unpaid assessment or installment, and interest at no more than 10 percent per annum, plus costs of collection and reasonable attorney's fees actually incurred.
• Foreclosure. Not less than 30 days after notice sent by certified mail or statutory overnight delivery, return receipt requested, to the lot address and any other address the owner has designated in writing, the association may foreclose by court action. The notice must specify the amount of assessments due, authorized late charges and the interest rate. No foreclosure action is permitted unless the lien is at least $2,000.00.
• Lapse. The lien lapses four years after an assessment or installment first became due.

Section 44-3-232 appears twice in the Georgia Code: this version is effective until January 1, 2027, and a different version takes effect from that date. Check the current text before you rely on a figure or deadline.

For how liens and foreclosure work in other states, see how HOA liens and foreclosure work and the pre-lien letter sample.

Condominiums

Georgia has a separate Condominium Act with its own statement-of-assessments rule (O.C.G.A. 44-3-111). This page covers property owners' associations only.

How to use the letter

1. Deliver it to the registered office, not just the manager.
2. State where to send the statement.
3. Keep proof of delivery and note the five-business-day deadline.
4. Compare the statement with the closing figures.

See the comparison of closing documents and the HOA closing letter.

If the title company only needs proof that dues are current, a paid assessment letter may be enough.

Common questions

How long does a Georgia HOA have to respond?

Five business days from receiving a written request delivered to its registered office.

What if the HOA does not respond?

The association's assessment lien is extinguished as to the title or interest acquired by the purchaser or lender in the transaction.

This page gives general information and sample wording. It is not legal advice, and requirements differ by state and by association.