Georgia CommonsHouse · Introduced · 2025-2026 Regular Session
HB 1221: Property owners' associations; written notice of certain sums; provide
Last action February 24, 2026 · House Committee Favorably Reported By Substitute
A Georgia House bill would require homeowners' associations to give lot owners written notice and 30 days to pay overdue fines or fees before the association can collect attorney's fees, and would require judges to certify those fees as reasonable.
The summaries below were written by an AI model (claude-sonnet-5) from the text of the bill and are not part of it. Quote the text, not the summary. The stored text is the Comm Sub version, the latest the General Assembly's website lists.
In plain language
Under current Georgia law governing property owners' associations (O.C.G.A. § 44-3-232), associations can pursue unpaid assessments and attorney's fees from lot owners through liens and lawsuits. This bill adds new requirements before an association can collect or be awarded attorney's fees in connection with those unpaid amounts. The association would first have to send the lot owner written notice by certified mail or statutory overnight delivery listing any outstanding fines or delinquent fees. The owner would then get 30 days from receiving that notice to pay before further action on attorney's fees could proceed. The association would also have to provide an itemized list of the attorney's fees it is claiming. In bench trials over these unpaid sums, the judge would have to review the claimed attorney's fees for reasonableness and issue an order stating whether they are reasonable before the association can be awarded them. The changes would take effect July 1, 2026, and apply to actions filed on or after that date.
What the bill does
- Requires homeowners' associations to send lot owners written notice by certified mail or statutory overnight delivery listing outstanding fines or delinquent fees before collecting attorney's fees.
- Gives lot owners 30 days from receiving that notice to pay the outstanding amount before the association can pursue attorney's fees.
- Requires associations to provide an itemized list of the attorney's fees they are claiming from a lot owner.
- Requires judges in bench trials over unpaid assessments to review claimed attorney's fees for reasonableness and issue a written finding before fees can be awarded.
- Sets an effective date of July 1, 2026, applying only to actions filed on or after that date.
Who it affects
Lot owners in Georgia communities governed by property owners' associations, the associations themselves and their attorneys, and judges who hear bench trials over unpaid association assessments and fees.
Why it matters
Homeowners facing association fines or fees would get advance written warning and a 30 day window to pay before attorney's fees pile on, and would benefit from a judge's independent check on whether those fees are reasonable before having to pay them.
Key provisions
- Section 1 adds new subsection (f) to O.C.G.A. § 44-3-232 requiring notice by certified mail or statutory overnight delivery identifying outstanding fines or delinquent fees before attorney's fees can be collected or awarded.
- Subsection (f)(2) gives lot owners 30 days from receipt of the notice to pay the outstanding fines or fees.
- Subsection (f)(3) requires an itemized list of the reasonable attorney's fees being claimed.
- New subsection (g) requires judges in bench trials to review attorney's fee claims for reasonableness and issue an order on that finding before fees can be awarded.
- Section 2 sets the effective date as July 1, 2026, applying to actions filed on or after that date.
From the bill
“Before an association may collect or be awarded attorney's fees, it shall provide:”
“Lot owners with 30 days from the receipt of the notice required under paragraph (1) of this subsection to pay such outstanding fines or delinquent fees”
“Judges conducting bench trials for an action to recover sums assessed against a lot owner shall review such claims of attorney's fees for reasonableness”
Discussed in meetings (7)
The House and Senate meetings that took this bill up, from their machine transcripts. Each account was written by Georgia Commons with AI and is not part of the record; the video is what was said.
House Judiciary Committee, February 23, 2026
From 0:32:29 · Watch on the General Assembly's Vimeo channel
Summary by Georgia Commons: The sponsor described HB 1221 as a way to give homeowners notice of unpaid association charges before attorney fees accumulate and to require court review of whether those fees are reasonable. An attorney supporting the bill described a client whose automatic payments stopped after a management change. The attorney said the client paid overdue charges after learning of the lawsuit but continued facing thousands of dollars in attorney fees, including demands after the judgment was paid. Asked about earlier notice, the attorney said the client denied receiving it, while the association claimed it had been sent. Members questioned how the bill would handle continuing legal work, preserve recovery of legitimate fees and interact with existing notice requirements. The sponsor and attorney said judges could still award reasonable fees and that the initial notice was intended to precede attorney involvement. The committee adopted amendments giving owners 30 days after receiving notice, allowing statutory overnight delivery alongside certified mail, and specifying an initial notice from the association or its agent before attorney fees could be collected or awarded. Another change required an itemized fee list only if fees were claimed. Email notice was discussed but not added. The committee approved the amended bill by voice vote, with no opposition heard.
House Rules Committee, February 25, 2026
From 0:48:18 · Watch on the General Assembly's Vimeo channel
Summary by Georgia Commons: The sponsor said HB 1221 would require homeowners associations to notify homeowners of missed payments and give them 30 days to resolve the debt. The sponsor said any attorney fees sought in litigation would have to be reasonable, bringing association collections closer to other foreclosure and debt collection standards. No questions or scheduling decision followed.
House Rules Committee, March 6, 2026
From 1:23:59 · Watch on the General Assembly's Vimeo channel · Confirmed by the 2026 House Journal, p. 2178
Summary by Georgia Commons: The committee placed HB 1221 on the supplemental floor calendar under modified structured rules. No substantive discussion occurred.
House Judiciary Committee, March 19, 2026
From 0:19:45 · Watch on the General Assembly's Vimeo channel
Summary by Georgia Commons: A committee member proposed adding this previously approved measure to SB 406. The member said it would require an association to notify an owner about attorney’s fees and provide an opportunity to pay before additional fees accumulate, helping owners avoid excessive fee cycles. The sponsor of SB 406 expressed support. Members discussed preserving the notice provisions’ effective date in 2026 rather than delaying them until the main bill’s 2027 effective date. The committee adopted the amendment by voice vote with no opposition heard, including related title changes. Legislative counsel later confirmed that the combined bill would retain separate effective dates. There was no separate vote to advance HB 1221 itself.
Status timeline
- House Committee Favorably Reported By Substitute (House)
- House Second Readers (House)
- House First Readers (House)
- House Hopper (House)
Sponsors
- Saira Draper (D, HD-90)
- Mary Margaret Oliver (D, HD-84)
- Stacey Evans (D, HD-57)
- Stan Gunter (R, HD-8)
- Rob Leverett (R, HD-123)
Topics
- homeowners associations
- property owners' associations
- attorney's fees
- Georgia real estate law
- HOA disputes