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GA SB406

GA SB406
"Georgia Property Owners' Bill of Rights Act"; enact

summary

Introduced
01/15/2026
In Committee
03/20/2026
Crossed Over
03/04/2026
Passed
04/10/2026
Dead

Introduced Session

2025-2026 Regular Session

Bill Summary

AN ACT To amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to require the registration of owners' associations; to provide for an exception; to provide for renewals and amendments; to provide for fees; to provide for inspection, maintenance, and retention of records; to provide for records maintenance; to provide for denial, suspension, and revocation of records; to provide for notices, orders, and complaints; to provide for hearings; to provide for a stay of collections of fines or fees; to provide for binding arbitration; to provide for reports; to provide for appeals; to provide for rights of owners' association owners; to provide for priority of application of payments by owners to owners' associations; to provide for rules and regulations; to provide for definitions; to provide for authorization of liens and use of assessments; to provide for written notice of certain sums; to amend Title 44 of the Official Code of Georgia Annotated, relating to property, so as to provide for property owners' associations to submit to Article 6 of Chapter 3, relating to owners' associations, after the creation of such associations; to provide for voting procedures; to provide for applicability of such article; to provide for recordation of a vote to submit to such article; to provide for notice; to provide for records of dispossessory proceedings; to provide for a time certain to pay outstanding sums; to provide for an itemized list of attorney's fees claimed; to provide for an order finding reasonableness; to provide for related matters; to provide for a short title; to provide for effective dates and applicability; to repeal conflicting laws; and for other purposes.

AI Summary

This bill, titled the "Georgia Property Owners' Bill of Rights Act," aims to establish new regulations and protections for property owners within homeowners' associations (HOAs). Key provisions include requiring HOAs to register with the Secretary of State, with exceptions for those that opt out and become "nonregistered owners' associations," which then face limitations on collecting fines or accelerated assessments. The bill defines various terms like "assessment" (regular, special, or specific charges), "governing documents" (HOA's rules and contracts), and "owner" (fee simple title holder). It mandates that registered HOAs maintain records for at least ten years, outlines procedures for the Secretary of State to deny, suspend, or revoke registrations, and establishes a process for owners to file complaints and request hearings regarding HOA actions, including an automatic stay on the collection of fines or fees during the complaint process. The bill also clarifies payment priorities for owners' funds to HOAs, ensuring regular assessments are paid first, and sets new notice requirements and minimum thresholds for HOA foreclosure actions, along with a longer notice period before foreclosure can begin. Furthermore, it introduces requirements for HOAs to provide itemized lists of attorney's fees and for judges to review their reasonableness, and allows for court records of dispossessory proceedings (evictions) to be made unavailable to the public under certain conditions. The bill also makes changes to how HOAs can be created and amended, particularly concerning their submission to certain state laws governing them, and sets specific effective dates for its provisions.

Committee Categories

Justice

Sponsors (19)

Last Action

Senate Sent to Governor (on 04/10/2026)

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