Georgia homeowners living under homeowners association rules will have new legal protections starting in 2027 after Gov. Brian Kemp signed Senate Bill 406 into law.
The legislation, officially titled the Georgia Property Owners’ Bill of Rights Act, represents a sweeping overhaul of how homeowners associations — known as HOAs — operate in the state. The law requires HOAs to register with the Secretary of State, establishes a formal complaint process, limits when foreclosure can occur and spells out specific rights for property owners.
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HOAs must now register with the state
Under the new law, all HOAs in Georgia are required to register with the Secretary of State’s office and submit governing documents along with a financial statement. The annual registration fee is $100.
Associations that fail to register will be prohibited from collecting fines, fees or accelerated assessments — and cannot file liens or initiate foreclosure proceedings against property owners. HOAs that choose not to register must notify the Secretary of State in writing and will be classified as “nonregistered owners’ associations,” which are barred from assessing or collecting fines and fees altogether.
Registered HOAs must renew their registration each year by Dec. 31 and must report any change in name, address or officers within 30 days.
Homeowners gain 12 specific rights
The law outlines 12 specific rights for property owners in HOA-governed communities. Among them, owners have the right to:
- Inspect and obtain copies of HOA financial records, including balance sheets, budgets and bank statements for the past three years
- Receive a copy of the HOA’s certificate of insurance upon written request
- Attend annual membership meetings
- Access common areas and amenities as outlined in governing documents
- Expect HOA board directors to act in good faith and disclose any conflicts of interest
- Challenge discriminatory practices by an HOA under state or federal law
The law also protects homeowners from governing documents that attempt to control the composition of their household, with limited exceptions.
Foreclosure rules get stricter
One of the most significant changes involves foreclosure protections. Under the new law, HOAs must wait at least 60 days — up from the previous 30 days — after sending certified notice before initiating foreclosure proceedings.
Additionally, no foreclosure action can move forward unless the amount owed reaches at least the lesser of $4,000 or 12 months of regular assessments — but not less than $2,000. Fines and fees cannot be counted toward that threshold.
The law also extends the statute of limitations on assessment liens from four years to six years.
Complaint process, arbitration established
Homeowners who believe they’ve been harmed by HOA action — or inaction — can now file a formal complaint with the Secretary of State. Complaints must be filed within 180 days of the alleged issue.
Once a complaint is filed, an automatic stay goes into effect, preventing the HOA from collecting any fines or fees that are the subject of the dispute while the case is pending. The losing party in any hearing is required to pay a $100 administrative service fee to the Secretary of State.
Payments must be applied in a specific order
The law establishes a clear priority for how HOA payments must be applied. Associations must apply funds in this order:
- Regular assessments or dues
- Special assessments
- Specific assessments
- Other fees and fines
HOAs are also prohibited from refusing any payment from an owner or from collecting accelerated assessments — meaning they cannot demand future dues early.
Attorney’s fees require court review
Beginning July 1, 2026, before an HOA can collect attorney’s fees from a homeowner, it must first send written notice by certified mail identifying any outstanding fines or delinquent fees, give the homeowner 30 days to pay, and provide an itemized list of attorney’s fees claimed.
In bench trials, judges will be required to review attorney’s fee claims for reasonableness and enter a formal order before any such fees can be awarded.
Eviction records can be sealed
The law also includes a provision for renters. Courts may seal dispossessory — or eviction — records when a tenant has won their case, paid their judgment in full, or when seven years have passed since a dismissal or paid judgment.
When the law takes effect
Most provisions of the Georgia Property Owners’ Bill of Rights Act take effect Jan. 1, 2027. The attorney’s fees section takes effect July 1, 2026, applying to all actions filed on or after that date.