When you buy a condo you take on the unit and, with it, the association’s claim for unpaid assessments. Georgia law makes that claim strong. Fortunately, it also gives buyers a simple way to find out how much is owed before the money changes hands.
Why unpaid assessments follow the unit
Condominium assessments are made by the association at least once a year (more often if the condominium instruments allow). (Official Code of Georgia (via FindLaw), checked 2026-10-19)
Unpaid condo assessments are a personal debt of the owner and a lien on the unit that ranks ahead of all other liens except property taxes, a first-priority mortgage (and mortgages recorded before the declaration), the lessor's lien under § 44-3-86, and certain secondary purchase-money mortgages. (Official Code of Georgia (via FindLaw), checked 2026-10-19)
The association does not need to file a separate claim of lien; the recorded declaration itself is record notice of the assessment lien. (Official Code of Georgia (via FindLaw), checked 2026-10-19)
That last point surprises people. A title search looks for recorded liens. Because the declaration itself gives notice of the assessment lien, there may be no separate document in the land records showing that the seller is behind. The association’s books are where the answer lives.
The statement and the five-day rule
A buyer under contract (or a lender) can make a written request to the association's registered office for a statement of past-due assessments. If the association does not furnish it within five business days, the lien is extinguished as to that buyer or lender. The association may charge up to $10 if its instruments allow. (Official Code of Georgia (via FindLaw), checked 2026-10-19)
Read the rule closely, because each detail matters:
- It must be in writing. A phone call or a property manager’s email reply is not the same thing.
- It goes to the association’s registered office, which is the address on file with the Georgia Secretary of State.
- It is for a buyer who is under contract, or for a lender. Sign the contract first, then send it.
- The association has five business days. Count business days, not calendar days, and keep proof of when it was delivered.
- The association may charge a small fee if its instruments allow it.
These details come from the Georgia Code as published on FindLaw, current as of March 2024. Have your closing attorney confirm the current text and fee before you rely on them.
How to find the registered office
Look up the association on the Georgia Secretary of State business search. The entity record lists its registered office. For the two Dahlonega condominiums we could confirm, the state register shows active associations.
Associations on the state register
- The Summit of Dahlonega Condominium Association is an active Georgia nonprofit corporation (control no. 07015699), formed 2/13/2007, principal office 264 Summit Drive, last annual registration 2026. Georgia Secretary of State, checked 2026-10-19
- Ida's Place Condominium Association, Inc. is an active Georgia nonprofit corporation (control no. 20016283), formed 1/28/2020, principal office 119 Boyd Cir. Georgia Secretary of State, checked 2026-10-19
Use the registered office the state shows on the day you send the request, not an address from an old listing or a management company’s website. If the two differ, send it to both and keep copies.
What to put in the request
There is no state form. A short, plain letter is enough, as long as it reaches the registered office and you can prove when. A request usually includes:
- The unit address, unit number and county parcel number.
- The seller’s name as owner of record, and your name as buyer under contract.
- A sentence saying you are requesting a statement of any unpaid assessments under O.C.G.A. § 44-3-109.
- Where to send the answer: your closing attorney’s office is usually best.
- The date, and how it was delivered: certified mail, statutory overnight delivery or hand delivery with a receipt.
Your closing attorney may send the request for you; many do it as a routine part of a condo closing. Ask early, and confirm it went to the registered office and not only to a property manager.
Fit it into the contract timeline
Five business days is short for an association but long in a closing schedule, especially around holidays. A sensible order is to sign the contract, send the request the same week, read the answer during your due-diligence period, and ask for an updated figure shortly before closing so the payoff is current. If the answer shows a large balance, your agent can raise it with the seller while you still have room to negotiate.
What late assessments can cost
Late charges, foreclosure and time limits
- If the condominium instruments allow, the lien can include a late charge of up to the greater of $10 or 10% of the late installment, and interest of up to 10% a year. Official Code of Georgia (via FindLaw), checked 2026-10-19
- An association cannot foreclose its assessment lien unless the lien is at least $2,000, and it must first send 30 days' notice by certified mail or statutory overnight delivery. Official Code of Georgia (via FindLaw), checked 2026-10-19
- The assessment lien lapses as to any assessment four years after it first became due. Official Code of Georgia (via FindLaw), checked 2026-10-19
For a buyer, the point is that a balance can grow while a sale is pending. Ask for the statement close enough to closing that it is still accurate, and have your closing attorney make sure the seller’s balance is paid from the proceeds.
Not using your unit or the amenities does not excuse you from paying assessments. (Official Code of Georgia (via FindLaw), checked 2026-10-19)
This matters for second-home buyers and investors. A unit that sits empty for months still owes every assessment, on time.
Ask for more than the balance
The statute covers past-due amounts. A careful buyer also asks about what is coming. Send these questions to the association or its manager along with the formal request.
- What is the regular assessment for this unit, and when is it due?
- Has the board approved, proposed or discussed any special assessment?
- Is there pending litigation, or a large insurance claim, involving the association?
- Is there a transfer, capital contribution or document fee charged on a sale?
- May we have the current budget, the latest financial statement and the last year of board minutes?
We do not publish dues, reserve balances or special assessments for any Dahlonega complex. The association’s documents are the only reliable source, and our dues and reserves guide explains how to read them.
Townhome associations work differently
POA Act associations get a similar statutory assessment lien that ranks behind property taxes and a first-priority mortgage. (Official Code of Georgia (via FindLaw), checked 2026-10-19)
If the property turns out to be a lot in a subdivision rather than a condo unit, a different statute applies, and the request process may differ. Confirm which one you are buying with our condo check.
Selling? Gather it early
Sellers can speed things up by asking the association for an account statement as soon as the home is listed, and by having the budget, insurance certificate and declaration ready. Our seller’s guide lists the documents buyers usually request.
If you know you are behind, say so early and ask the association for a payoff figure. A balance that surfaces in the week before closing can delay the sale while the attorney sorts out who is paid what. A balance that is known from the start is just a line on the settlement statement. The same goes for any dispute over a charge: raise it with the board in writing while there is still time to resolve it, rather than leaving the buyer’s attorney to find it.
Questions buyers ask
Can the association charge me part of its insurance deductible?
If the condominium instruments allow, yes, up to $5,000 per owner per casualty loss under Georgia law.
What happens if condo assessments go unpaid?
They become a personal debt and a lien on the unit that ranks ahead of most other liens, except property taxes and a first-priority mortgage among others. The recorded declaration is itself notice of the lien.
How do I find out whether a unit owes back assessments?
Before closing, make a written request to the association’s registered office for a statement of past-due assessments. If it does not answer within five business days, the lien is extinguished as to you. It may charge up to $10 if its instruments allow.
Can I skip dues if I rarely use my condo?
No. Georgia law says not using your unit or the amenities does not excuse you from paying assessments.
Next step: put the written request on your closing checklist the day the contract is signed, and see how Gold Peach Realty works with buyers.
Written by the Dahlonega Condos Editorial Team. AI tools help us draft; people check every fact before it publishes.
Rules, rates and approvals change. Every rule on this page links to the office or statute that sets it; confirm with that source before you rely on it.
