HB 1221: Property owners' associations; written notice of certain sums; provide

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.

• 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.

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.

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.

• 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.

1. 2026-02-24House Committee Favorably Reported By Substitute (House)
2. 2026-02-09House Second Readers (House)
3. 2026-02-06House First Readers (House)
4. 2026-02-05House Hopper (House)

• Saira Draper (D, HD-090)Primary sponsor
• Mary Oliver (D, HD-084)
• Stacey Evans (D, HD-057)
• Stan Gunter (R, HD-008)
• Rob Leverett (R, HD-123)

• homeowners associations
• property owners' associations
• attorney's fees
• Georgia real estate law
• HOA disputes