Bill > HB1036

This bill, known as the "Property Rights Through the Ballot Act," establishes a process for homeowners in communities governed by homeowners' associations (HOAs) or similar entities to vote on whether these associations should continue to exist. It aims to give homeowners more control over these private organizations that have quasi-governmental authority over their property. The bill allows for a referendum, a binding vote, to be initiated if at least 20 percent of eligible voters, defined as owners of owner-occupied homes in a covered community, sign a petition. If a majority votes to dissolve the association, it will be dissolved within 180 days, voiding all its governing documents and rules, converting any outstanding liens for unpaid fees into unsecured debts, and prohibiting foreclosures or involuntary property transfers. The bill also prohibits HOAs from foreclosing on or involuntarily transferring owner-occupied homes for unpaid assessments, fines, or fees, and requires HOAs to conduct open meetings, provide access to records, obtain annual financial audits, and owe enforceable fiduciary duties. Additionally, it outlines how essential shared infrastructure, like roads or utilities, will be handled upon dissolution, and prohibits retaliation against homeowners for participating in the referendum process. The bill also removes a previous requirement that liens for unpaid association fees must be at least $2,000 before foreclosure action can be taken.

Justice

https://www.legis.ga.gov/legislation/72366