Georgia Reserve Study Requirements

Encouraged / disclosure

No. Georgia has no statute requiring HOAs or condominium associations to perform reserve studies or to fund reserves at any level. The Georgia Condominium Act (O.C.G.A. § 44-3-70 et seq.) does reference reserves — the first-sale disclosure budget must itemize reserves for deferred maintenance and depreciation (§ 44-3-111(b)(6)), and reserve monies collected while the declarant controls the association must be kept in separate reserve accounts (§ 44-3-80(d)(4)) — but no study or funding mandate exists, and the Property Owners' Association Act imposes no reserve requirements (its only reference to reserves is a definition of common expenses).

Verified against the statute 2026-07-07

Who it applies to

The reserve-related provisions appear only in the Georgia Condominium Act (O.C.G.A. § 44-3-70 et seq.), which covers condominiums; § 44-3-111's disclosure applies only to the first bona fide sale of each residential unit, and § 44-3-80(d)(4)'s separate-account rule applies only while the declarant retains control of the association. HOAs that opt into the Property Owners' Association Act (O.C.G.A. § 44-3-220 et seq.) and common-law HOAs face no statutory reserve requirements at all — the POA Act mentions reserves only in its definition of "common expenses" (§ 44-3-221(3)).

Study cycle

No statutory cycle — Georgia law never requires a reserve study for condos or HOAs.

Funding rules

No minimum funding requirement. Under O.C.G.A. § 44-3-80(d)(4), while the declarant has the right to control the association, capital contributions, start-up funds, initiation fees, contributions to capital reserve accounts payable at closing, and any assessment monies designated for reserves (deferred maintenance, depreciation, or other reserves shown on the operating budget) must be deposited into one or more separate reserve accounts and may not be spent on common expenses without the agreement of owners holding two-thirds of the association votes, excluding votes for declarant-owned units; § 44-3-80(d)(2)(B) likewise bars spending reserve-designated collections on common expenses during any declarant assessment-exemption period. After turnover, funding levels are left to the board's fiduciary judgment and the governing documents.

Disclosure rules

On the first bona fide sale of a residential condominium unit, O.C.G.A. § 44-3-111(b)(6) requires the seller to furnish an estimated or actual operating budget that itemizes association expenses, including reserve for deferred maintenance, reserve for depreciation, and other reserves. There is no statutory reserve disclosure for subsequent condo resales or for HOA home sales.

The statutes

Verified against official sources. § 44-3-111: full text fetched from a Wayback Machine capture (June 27, 2003) of the Georgia General Assembly's official Unannotated Georgia Code viewer (www.legis.state.ga.us/cgi-bin/gl_codes_detail.pl?code=44-3-111), confirming subsection (a) limits the section to the first bona fide sale of each residential unit and subsection (b)(6)(A)(x)–(xii) requires the budget to itemize reserve for deferred maintenance, reserve for depreciation, and other reserves. § 44-3-80(d): the full current subsection was fetched from a Wayback capture of the official as-passed HB 383 on legis.ga.gov (Ga. L. 2007, p. 334, § 2), including (d)(4)'s separate-reserve-account and two-thirds non-declarant-vote rule; § 3 of that act shows the only post-2003 change to § 44-3-111 was to subsection (e)(5) (certificate of occupancy). Currency confirmed from live legis.ga.gov: the Legislative Counsel's Summaries of General Statutes for the 2006, 2007, 2009, 2020, 2022, 2024, 2025, and 2026 sessions catalog every Title 44, Ch. 3 amendment — none touched these provisions after 2007 except the 2026 reenactment Act (HB 1268), whose signed text (gov.georgia.gov) makes only punctuation/style edits to § 44-3-80 and none to § 44-3-111; 2026's SB 406 (POA registration with the Secretary of State) adds no reserve rules. POA Act §§ 44-3-220 through 44-3-235, fetched from the same archived official viewer, contain no reserve requirement (reserves appear only in § 44-3-221(3)'s definition of common expenses). O.C.G.A. itself has no stable official deep links — it is published via the General Assembly's LexisNexis gateway, which is script-rendered and unfetchable — and current-code reproductions (Justia, FindLaw, onecle) match the official texts verbatim. Independent audit (July 7, 2026) re-fetched both archived captures and the archived POA Act sections and confirmed the cited texts. Informational only — not legal advice. Confirm with the primary source and a community-association attorney licensed in Georgia. Report an issue.

Georgia reserve questions, answered

Stay ahead of Georgia's requirements

Track percent funded, model funding scenarios, and generate the board-ready report your disclosures need — $49/yr, self-serve.

Explore Reserve Planner