Call 678-825-0500 or 877-381-3800

Excalibur Home Management Blog

Is Leasing Permitted? HOA Issues in Georgia

Matt Nelson - Monday, January 16, 2017

Is Leasing Permitted? HOA Issues in Georgia

If you are shopping for a rental house to buy, it is important that you know if the house is subject to an HOA and whether the HOA permits leasing.  The majority of houses built in Metro Atlanta since the mid 1990s are located in subdivisions that have an HOA.  The last thing you need is to buy a house to rent out just to discover that renting is not permitted.

In 1994 Georgia adopted the Property Owner’s Association (POA) Act.  One of the important aspects of this Act is that, if an HOA decides to become subject to this Act, any of the covenants passed by the HOA are enforceable against ALL of the property owners within the community.  This would include any restrictions or limitations of property owners to lease their property.  However if the HOA is not subject to the POA Act, then O.C.G.A. 44-5-60 (d)4 is likely to apply.  This law basically says that changes in the HOA covenants only apply to those property owners that voted in favor of those covenants.

While the listings in the MLS will indicate whether the house is in a community with an HOA, neither the listing agent nor the owner may know whether leasing is permitted and under what circumstances.  Often the HOA Board or their management company can tell you incorrectly also.  The answer is in the Docs – the HOA covenants as recorded.  You can visit, create a user name and password, and search the deed records for most of the counties in Georgia including the recorded covenants of the HOA.

Often HOAs are not subject to the POA Act when the HOA is first created by the neighborhood’s developer.  Once the management of the HOA reverts from the developer to the homeowners, it is common that the homeowners will then file an amendment to the covenants making the HOA subject to the POA Act so that any covenants are applicable to all property owners.  So you would need to look for any amendments to the HOA’s covenants in addition to the original documents.

Upon examining the HOA covenants, if the HOA is subject to the POA Act, and if there are any restrictions to leasing, you need to understand that the HOA has the power to enforce those restrictions.  Depending on how the covenants are drafted, the HOA may have the power to compel your tenant to pay the rent to the HOA or the HOA may evict your tenant if the lease was not properly authorized by the HOA.

Do your research before making the purchase.  Since these covenants are recorded documents, trying to use the excuse “I didn’t know” later is not likely to help.  This is just one more step in performing your due diligence.  Invest wisely and profitably.

Excalibur Homes is an investment real estate firm who specializes in the management of single-family rental homes. Click here to view our Leasing & Management Services.
Trackback Link
Post has no trackbacks.

Subscribe to Blog

Enter your email address:

Recent Posts




HOA management termite treatment 1099 forms preventative maintenance Georgia association management qualify tenant home investment Georgia Law Requires Disclosure of Landlord investing in your home property management foreclosure R-22 freon EPA Rental home statistics delinquency rates lawn maintenance Fair Housing Act of 1968 metro atlanta rental stats rental loan modification cash reserve Property Maintenance ordinance HAMP care and maintenance termite season common landlord question Excalibur Home Management 2014 Atlanta rental statistics fair housing real estate tips security deposit lease a home landlord insurance policy portal tax deductions rental house metro atlanta rental statistics credit report investment homeowner advertising rental house statistics atlanta investor market rent bed bugs marketing 2013 Atlanta rental statistics Georgia investor rent a home Cherokee County Rental Statistics Tenant Tip rental household statistics 2012 R-410A landlord statistics 2012 rental statistics residential Cumming Property Management company investment property an Atlanta property management company real estate investment lead based paint sanitation law termite inspection law Recipe septic tank wear and tear rental property taxes foreclosure August 2011 landlord tenant law homeowner's insurance metro atlanta rents Cobb County Rental Statistics eviction home maintenance landlord Fair Credit Reporting Act investor statistics rental statistics investor Gwinnett County loan swarm season rental home fair housing law community management rental rates in Atlanta Fulton County Rental Statistics move in inspection R-22 NARPM new ordinance an Atlanta property management company, prime real estate, investors market, foreclosure properties, auction properties rental housing atlanta rental statistics REMAX Greater Atlanta tenant application process Georgia Property Management Company Gwinnett County Rental Statistics verify rent Atlanta rental market drainage field curb appeal Vacancy Rates in Atlanta 2013 rental statistics tenant owner service animal rental homes HVAC repair Homeowner Tip hot topics rental household statistics disability leasing atlanta property manager atlanta rental home

Excalibur Homes
2855 Marconi Dr, Suite 310
Alpharetta GA 30005
Toll Free:(877) 381-3800
Telephone:(678) 825-0500
Fax:(678) 825-1401