HB 62: Georgia HOA Accountability and Community Empowerment Act (HACEA); enact

Georgia's condominium and property owners' association laws (O.C.G.A. Title 44, Chapter 3) currently allow associations flexibility in how they allocate votes, run board elections, and set board membership rules. House Bill 62, called the Georgia HOA Accountability and Community Empowerment Act, changes several of these rules. It sets voting at one vote per unit or lot instead of letting associations allocate votes by formula, requires board members and officers to actually live in the community they govern, and sets a minimum board size of three people with only one board seat per household. It also creates a new state process: associations must hold elections at least annually, file results with the Secretary of State's Corporations Division within 30 days, keep scanned ballots on file, and let owners contest election results through a formal petition process. Associations that fail to meet the minimum board size can be administratively suspended by the Secretary of State 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 after that date.

• Changes vote allocation in both condominium associations and property owners' associations to a flat one vote per unit or lot, replacing formula-based voting schemes.
• Requires board members and officers of these associations to be residents who actually live in the community, proven by utility bills, voter registration, or ID, and bars nonresident owners from serving.
• Sets a minimum board size of three members and limits each household or unit to one board seat at a time.
• Requires annual board elections decided by majority vote, mandates that ballots be scanned and kept for inspection, and requires election results be filed with the Secretary of State within 30 days.
• Creates a formal petition process letting owners contest election results with the Secretary of State's Corporations Division, including deadlines, required evidence, and repeat elections if a contest succeeds.
• Authorizes the Secretary of State to suspend an association that fails to meet board size or registration requirements until it holds a new qualifying election.

Homeowners and condominium unit owners who belong to Georgia HOAs or condo associations, current and prospective board members and officers of those associations, association managers, and the Secretary of State's Corporations Division, which would take on new election-filing, certification, and dispute-resolution duties.

Homeowners could gain a more predictable, equal vote in their association and a formal way to challenge disputed board elections through the state instead of only through the association itself. Associations would face new administrative deadlines and could be suspended by the state if they fall short of board size or filing rules.

• Section 3 and 4 change condominium vote allocation under O.C.G.A. § 44-3-77 and § 44-3-79 from formula-based voting to one vote per unit, and require proxies to clearly identify the owner and unit.
• Section 5 revises O.C.G.A. § 44-3-103 and § 44-3-104 to require board members to be resident unit owners, sets a three-member minimum board, and limits one board seat per unit.
• Section 6 adds new Code sections requiring annual board elections by majority vote, ballot preservation, filing results with the Secretary of State within 30 days, and a certification timeline of 30 to 45 days.
• Section 6 also creates an election-contest process (new § 44-3-104.2) letting a unit owner file a petition within seven days of a filed election result, with the state deciding within 15 days of the association's answer.
• Sections 7 through 9 apply the same one-vote-per-lot rule, residency requirement, board size minimum, and election/contest process to property owners' associations under Article 6.
• Section 10 sets the effective date as six months after the Governor's signature, applying to associations, elections, meetings, and registrations occurring on or after that date.
• Section 6 and 8 give the Secretary of State authority to investigate complaints, enforce compliance, and impose penalties for violations of the Act.

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
• property owners rights
• Secretary of State regulation