04/02/2026
🏡Neighbors
Big Changes for Georgia 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
✅ The $100 annual fee works out to just $2 per unit per year for a 50-unit community. For that $2, your association is now accountable to the state
✅ Unregistered HOAs cannot collect fines or fees, file a lien, or pursue foreclosure
✅ The Secretary of State can deny, suspend, or revoke registration and bar bad actors from serving on boards
-A Real Place to Take Your Complaint
✅ Homeowners can file complaints directly with the Secretary of State
✅ A hearing officer investigates, making the process accessible without expensive litigation
✅ Filing a complaint triggers an automatic stay, stopping the HOA from collecting disputed fines or fees while the case is heard
- Foreclosure Protections
✅The foreclosure threshold rises from $2,000 to $4,000, and only unpaid assessments count toward that threshold, not fines or fees
✅HOAs must provide advance written notice stating clearly that paying eliminates the risk of foreclosure
✅ Homeowners have the right to a stay of foreclosure proceedings while a complaint is pending
- Payment Application
✅ HOAs must apply payments in a mandatory order: regular assessments first, then special assessments, then specific assessments, then fines and fees
✅ HOAs cannot refuse payment in any amount toward an assessment
✅ HOAs cannot accelerate assessments to inflate your balance and manufacture foreclosure-eligible debt
-Attorney’s Fees Guardrails
✅ Before collecting attorney’s fees, an HOA must send certified written notice and allow 30 days to pay
✅ Judges must review attorney’s fees for reasonableness before any award is entered
-Your Rights in Writing, for the First Time
✅ Georgia law now explicitly enumerates homeowner rights, including the right to attend meetings, inspect records, receive proper notice, and expect board members to act in good faith
- When Does This Take Effect?
Attorney’s fees protections take effect July 1, 2026. All remaining provisions take effect January 1, 2027.
This did not happen by accident. It happened because homeowners showed up, testified, documented violations, and refused to be silenced.
To every person who shared their story or made a call to their legislator, this moment belongs to you!
Now, Governor Brian Kemp, it is time to sign it.
H/T to the Georgia HOA advocacy community for bringing this to light.
Share this with someone who needs to know their rights.
