There are two types of homeowners associations (generally subdivisions) in Georgia—- those that are subject to the Property Owners Association Act (POAA) and those that are not. Associations not subject to the POAA are known as common law homeowners associations. The members of a common law association can vote to amend their declaration to submit to the terms of the POAA.
Common law associations who do not adopt the POAA are subject to O.C.G.A. 44-5-60 (d) (4). That statute provides that covenants imposing greater restrictions on the use of land cannot be enforced against a property owner without that owner’s consent. That means that if an amendment is adopted by the vote of the number of members required by a declaration, the amendment can be enforced only against the owners who consented to the adoption of the use restriction. That is not the situation with the POAA. Amendments approved by the required number of members apply to all owners, not just those that voted in favor of the use restriction.