Our initial scan found 3 potential issues in your governing documents.
We checked the 3 public PDFs on Big Canoe POA’s website against current Georgia and federal HOA law—and more issues may exist depending on the documents you load.
✓CC&Rs / Declaration✓Rules & Enforcement Policies✓Association Bylaws+ Add up to 10 PDFs in Full Analysis
Declaration of Covenants, Conditions & Restrictions · Sec. General Declaration Article VI, Section 6.5 · Page 1
Late Fee of 25%/$50 and 18% Interest Exceed Georgia POAA Statutory Caps
Operative Clause · Sec. General Declaration Article VI, Section 6.5 (Page 1)
“Late Charges and Interest Rate on Delinquent Assessments — Any assessment or installment thereof not paid within ten (10) days after the due date shall incur a late charge of twenty-five percent (25%) of…”
Why It’s Flagged
O.C.G.A. § 44-3-232(b)(1)-(2)
Under the Georgia Property Owners' Association Act, O.C.G.A. § 44-3-232(b)(1)-(2), to the extent provided in the declaration, a late charge cannot exceed the greater of $10.00 or ten percent (10%) of the amount of each assessment or installment not paid when due, and interest on unpaid assessments and late charges cannot exceed a rate of ten percent (10%) per annum.
Charging a 25%/$50 late fee and 18% interest violates the statutory ceiling.
Sample Discussion Wording for HOA Counsel
For Board & Counsel Review
Amend Section General Declaration Article VI, Section 6.5 to conform with O.C.G.A. § 44-3-232(b)(1)-(2) prior to board adoption..
REMAINING INITIAL FINDINGS & FULL DOCUMENT SET
2 Additional Issues Flagged in Initial Scan
Unlock exact page coordinates, statutory citations, and counsel discussion notes for all 2 remaining issues—plus load up to 10 PDFs for complete review.
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