HB62: HB62 Georgia HOA Accountability and Community Empowerment Act (HACEA); enact

Georgia law currently gives condominium associations and property owners' associations (HOAs) broad discretion over how they run board elections and meetings. House Bill 62, called the Georgia HOA Accountability and Community Empowerment Act, changes that by writing specific rules into Title 44 of Georgia's code. The bill requires board members and officers to actually live in the community they govern, caps board membership so only one person per unit or lot can serve at a time, and sets a minimum board size of three people. It requires annual board elections decided by majority vote, keeping scanned ballots on file, and filing election results with the Secretary of State's Corporations Division within 30 days. It creates a formal petition process for a unit or lot owner to contest an election result, with deadlines for the association to respond and for the state to decide. Associations that fail to meet the board requirements can be administratively suspended until they hold a new election. The law would take effect six months after the Governor signs it and would apply to associations, elections, meetings, and registrations occurring on or after that date.

• Requires board members and officers of condo and homeowners' associations to be residents of the community, proven by utility bills, voter registration, or a driver's license listing the address.
• Limits each board to one member per unit or lot at a time and sets a minimum board size of three members.
• Requires annual board elections decided by majority vote, with ballots given to every voting member including those voting by proxy.
• Requires associations to keep electronic scans of ballots and file election results with the Secretary of State's Corporations Division within 30 days.
• Creates a formal petition process letting a unit or lot owner contest an election result, with set deadlines for the association's response and a state decision.
• Allows the Secretary of State to administratively suspend an association that fails to meet board membership requirements until a new election is held and certified.

The bill affects Georgia condominium associations and homeowners' or property owners' associations, their boards and officers, individual unit and lot owners who vote or run for board seats, and the Secretary of State's Corporations Division, which would gain new filing, certification, and enforcement duties.

Residents living under HOA or condo association rule would gain clearer voting, election, and residency requirements for their boards, plus a formal way to challenge a disputed election through the Secretary of State rather than relying solely on the association's own bylaws. Associations would face new filing deadlines and possible suspension for noncompliance.

• Section 4 changes the default vote allocation for condo units to one vote per unit unless the declaration sets a different formula.
• Section 5 rewrites O.C.G.A. § 44-3-104 to require board members and officers to be residents of the community and limits boards to one resident per unit at a time, with a minimum of three board members.
• Section 6 adds new Code sections requiring annual board elections by majority vote, ballot retention for one year, and filing of election results with the Secretary of State's Corporations Division within 30 days.
• Section 6 also creates an election contest procedure (Code Section 44-3-104.2) with a seven-day filing window for petitions and a 15-day deadline for a state decision.
• Sections 7 and 8 apply parallel voting, residency, board size, election, and contest rules to property owners' associations (HOAs) under Article 6.
• Section 8 gives the Secretary of State authority to investigate complaints, enforce compliance, and impose penalties for violations.
• Section 10 sets the effective date at six months after the Governor signs the bill, applying to associations, elections, meetings, and registrations from that date forward.

1. 2025-01-17House Second Readers (House)
2. 2025-01-16House First Readers (House)
3. 2025-01-15House Hopper (House)

• Sandra Scott (D, HD-076)Primary sponsor
• Viola Davis (D, HD-087)
• Kim Schofield (D, HD-063)

• homeowners associations
• condominium law
• HOA board elections
• Secretary of State enforcement
• property owners associations