05/16/2026
Georgia homeowners, this is a big update.
SB 406, also known as the Georgia Property Owners’ Bill of Rights Act, is now law. And if you live in an HOA, condo association, or property owners’ association, this matters.
Here’s what it means in plain English:
Your HOA will have to register with the Georgia Secretary of State if they want to collect fines, collect certain fees, file liens, or move toward foreclosure.
Homeowners will have a formal place to file complaints instead of feeling like the only option is fighting the HOA alone or going straight to court.
If you file a complaint about certain fines or fees, the HOA may be paused from collecting those disputed amounts while the complaint is being reviewed.
HOAs will also have to apply your payments in a specific order:
regular dues first, then special assessments, then specific assessments, and then other fees or fines.
That matters because it helps prevent a homeowner from making payments but still being pushed deeper into fines and penalties.
The law also adds more foreclosure protection.
The foreclosure notice period increases from 30 days to 60 days, and fines and fees cannot be counted toward the foreclosure threshold. The debt has to be tied to regular assessments, not just stacked-up penalties.
Attorney’s fees will also have more guardrails. Before an HOA can collect or be awarded attorney’s fees, they must send written notice, give the homeowner time to pay, and provide an itemized list of the fees.
Important dates:
The attorney-fee protections start July 1, 2026.
Most of the other provisions start January 1, 2027.
This does not mean homeowners can ignore HOA dues or rules.
But it does mean there should be more accountability, more transparency, and more protection from excessive fines, unclear fees, and aggressive collection practices.
If you own a home in Georgia with an HOA, this is something you need to know.
