---
title: HB 1221. Property owners' associations; written notice of certain sums; provide
collection: bills
id: 2025-2026/hb1221
cite_as: HB 1221, 2025-2026 Regular Session (Ga.)
canonical_url: https://georgiacommons.org/bills/2025-2026/hb1221
md_url: https://georgiacommons.org/bills/2025-2026/hb1221.md
text_url: https://georgiacommons.org/bills/2025-2026/hb1221/text
source_url: https://www.legis.ga.gov/legislation/72911
date: 2026-02-24
status: introduced
corpus_version: bills-2026-09-13
license: Public record of the Georgia General Assembly, via LegiScan; see about.md
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
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omitted: votes and history
omitted_chars: 199
omitted_url: https://georgiacommons.org/bills/2025-2026/hb1221.md?full=1
bill_number: HB 1221
session: 2025-2026 Regular Session
session_slug: 2025-2026
chamber: House
bill_type: bill
status_date: 2026-02-05
last_action: House Committee Favorably Reported By Substitute
sponsors:
- Saira Draper
- Mary Oliver
- Stacey Evans
- Stan Gunter
- Rob Leverett
text_version: Comm Sub
has_text: true
legiscan_url: https://legiscan.com/GA/bill/HB1221/2025
upstream_id: 2110005
summaries_model: claude-sonnet-5
topic_tags:
- homeowners associations
- property owners' associations
- attorney's fees
- Georgia real estate law
- HOA disputes
---
# HB 1221. Property owners' associations; written notice of certain sums; provide
## Text
The House Committee on Judiciary offers the following substitute to HB 1221:
A BILL TO BE ENTITLED
AN ACT
To amend Article 6 of Chapter 3 of Title 44 of the Official Code of Georgia Annotated,
relating to property owners' associations, so as to provide for written notice of certain sums;
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 an effective date and applicability; to repeal conflicting laws; and for
other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article 6 of Chapter 3 of Title 44 of the Official Code of Georgia Annotated, relating to
property owners' associations, is amended by adding new subsections to Code Section
44-3-232, relating to assessments against lot owners as constituting lien in favor of
association, additional charges against lot owners, procedure for foreclosing lien, and
obligation to provide statement of amounts due, to read as follows:
"(f) Before an association may collect or be awarded attorney's fees, it shall provide:
(1) An initial written notice by certified mail or statutory overnight delivery to the lot
owner from the association or its agent identifying any outstanding fines or delinquent
fees;
(2) 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; and
(3) An itemized list of reasonable attorney's fees claimed.
(g) 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 and shall enter an
order stating whether the attorney's fees were reasonable before an association can be
awarded such attorney's fees."
SECTION 2.
This Act shall become effective on July 1, 2026, and shall apply to all actions filed on or
after such date.
SECTION 3.
All laws and parts of laws in conflict with this Act are repealed.
## Summaries written by Georgia Commons
The following was written by claude-sonnet-5 from the text above and is not part of the bill. Quote the text, not the summary.
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.
### Plain-language summary
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 it 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.
## Status
- Status: Introduced (2026-02-05)
- Last action: House Committee Favorably Reported By Substitute (2026-02-24)
- Sponsors: Saira Draper, Mary Oliver, Stacey Evans, Stan Gunter, Rob Leverett
- Official page: https://www.legis.ga.gov/legislation/72911
> The history, votes, and amendments (199 characters) are at https://georgiacommons.org/bills/2025-2026/hb1221.md?full=1