This bill, SB 217 appears to be unnecessary, and I’m wondering why it was introduced. In addition, the delegation of broad police powers to unregulated private groups is a move toward the slippery slope of the replacement of municipal government by private HOA government. (See Private Neighborhoods: The Transformation of Local Government, Ch 20, “Neighborhood Succession”, Urban Institute 2005).
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The HOA is permitted to be an auxiliary municipal enforcement agency without being subject to the same 14th Amendment restrictions as are government entities. The bill grants government powers to private parties without any accountability or protection from abuse, as clearly evident from numerous complaints against HOA boards in every state across this country. The HOA does not even have to follow the laws of Georgia with respect to agencies or municipalities or to government officials.
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The HOA has no duty of care or obligation, either under its governing documents or state laws, to uphold the just and fair treatment of homeowners. Rather, they are required, under the Restatement Third, Property: Servitudes, (common law as applied to HOAs) to just enforce the CC&Rs.
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This bill repudiates the US Constitution to bypass the application of the 14th Amendment to private governments.
HOA Constitutional Government 