04/02/2026
🚨Attention Ga Homeowners in HOAs 🚨
SB 406 HAS PASSED.
Georgia just made history.
With the final day of the 2026 legislative session, the Georgia Senate voted unanimously last night to concur with the House, sending the Georgia Property Owners’ Bill of Rights Act to Governor Kemp’s desk. The House had already passed it 155-10. This is the most comprehensive HOA oversight legislation this state has ever seen, and it passed with overwhelming bipartisan support.
For the 2.3 million Georgians living under community association governance, this changes everything.
Here is what this law means for you:
— Registration and Accountability
✅ Every HOA must register annually with the Georgia Secretary of State and submit financial statements
✅ That $100 annual fee? It breaks down to about $2 per unit per year in a 50-unit community… and for that $2, your HOA is now answerable to the state
✅ Unregistered HOAs lose power — no fines, no fees, no liens, no foreclosures
✅ The Secretary of State now has authority to deny, suspend, or revoke registrations and remove bad actors from boards
— A Real Place to Take Your Complaint
✅ Homeowners can now file complaints directly with the Secretary of State
✅ A hearing officer investigates — giving you a real path to resolution without costly legal battles
✅ Filing a complaint automatically pauses collections on disputed fines or fees
— Foreclosure Protections
✅ The foreclosure threshold increases from $2,000 to $4,000 — and only unpaid assessments count (not fines or fees)
✅ HOAs must give clear written notice explaining how to avoid foreclosure
✅ You now have the right to pause foreclosure proceedings while your complaint is under review
— Payment Application
✅ Payments must be applied in a specific order: regular assessments → special assessments → specific assessments → fines & fees
✅ HOAs must accept payments in any amount toward your balance
✅ No more manipulation — HOAs cannot accelerate assessments to create foreclosure-eligible debt
— Attorney’s Fees Guardrails
✅ HOAs must give certified notice and 30 days to pay before charging attorney’s fees
✅ Judges are required to review attorney’s fees for fairness before approval
— Your Rights in Writing, for the First Time
✅ Georgia law now clearly defines your rights — including attending meetings, accessing records, proper notice, and expecting board members to act in good faith
— When Does This Take Effect?
Attorney’s fees protections begin July 1, 2026
All other provisions go into effect January 1, 2027
This didn’t happen by chance. It happened because homeowners spoke up, showed up, documented issues, and refused to stay silent.
To everyone who shared their story or contacted their legislator — this moment is YOURS!
Now, Governor Brian Kemp, it’s time to sign it.
H/T to the Georgia HOA advocacy community for pushing this forward.
Share this with someone who needs to know their rights
