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House · Engrossed · 2025-2026 Regular Session

HB 664: Property owners' associations; development and affirmative election; provisions

Last action March 4, 2026 · Senate Read and Referred

House Bill 664 would give existing Georgia property owners' associations a new way to opt into the state's Property Owners' Association Act (O.C.G.A. Article 6, Chapter 3, Title 44) through a 75 percent membership vote and a recorded instrument, and would lower the vote threshold needed to amend association documents from 80 percent to 75 percent.

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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

Georgia's Property Owners' Association Act currently lets a development come under the Act only two ways: by recording a declaration that invokes the Act when the community is created, or by later amending an existing declaration to add that election. HB664 adds a third path. An existing homeowners association whose covenants are already mandatory for all lot owners could submit to the Act simply by holding a vote, and if 75 percent of the association's votes approve, recording an instrument that certifies the vote and gives public notice. The bill also lowers, from 80 percent to 75 percent, the share of lot owner and mortgagee votes needed to approve most amendments to an association's governing instrument. For associations whose existing declarations require a higher supermajority (more than 75 percent) to amend, the bill gives them one year from submission to vote to keep that higher bar; if they do not, the requirement automatically drops to 75 percent. The changes would repeal any conflicting state laws.

What the bill does

  • Creates a new way for an existing property owners' association to submit to the Property Owners' Association Act by a 75 percent membership vote and a recorded instrument, without amending its declaration.
  • Lowers the required approval threshold for amending a property owners' association's governing instrument from 80 percent to 75 percent of both lot owner votes and mortgagee voting interest.
  • Requires the recorded instrument used for the new opt-in method to give public notice that recording it subjects the association to the Act.
  • Sets a one-year transition window for associations with amendment thresholds above 75 percent to vote to keep that higher threshold, or it automatically falls to 75 percent.
  • Preserves existing declarant approval rights over amendments while a declarant still owns lots for sale, and preserves existing mortgagee rights elsewhere in the article.

Who it affects

Existing homeowners and property owners' associations in Georgia, individual lot owners within those developments, mortgage lenders holding loans on association lots, and real estate developers (declarants) who still own unsold lots in a covered development.

Why it matters

Associations that were created before the current Act existed, or that never formally opted in, would gain an easier path to come under the Act's statewide rules through a member vote instead of a formal declaration amendment. Lowering the amendment threshold from 80 to 75 percent would make it somewhat easier for associations to change their governing documents going forward.

Key provisions

  • Section 1 rewrites O.C.G.A. § 44-3-222 to recognize a third way a development can come under the Act: recording an instrument under the new paragraph (3) of Code Section 44-3-235(a).
  • Section 2 amends O.C.G.A. § 44-3-226(b) to lower the approval threshold for amending an association's instrument from 80 percent to 75 percent of lot owner and mortgagee votes.
  • Section 2 adds a rule that associations whose declarations require more than 75 percent to amend must vote within one year of submission to keep that higher threshold, or it becomes 75 percent by default.
  • Section 3 amends O.C.G.A. § 44-3-235(a) by adding paragraph (3), letting an existing mandatory-membership association submit to the Act if 75 percent of its votes approve and it records a certifying instrument with public notice.
  • Section 4 repeals any state laws that conflict with the bill.

From the bill

“where 75 percent of the association votes to approve the submission of such association to this article and records an instrument certifying such vote”

Sets the new voting threshold and recording requirement for an association to opt into the Act.

“Such instrument shall give notice that the recordation of the instrument subjects the association to the provisions of this article.”

Requires the recorded document itself to notify the public of the association's new legal status.

Discussed in meetings (6)

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.

  1. House Judiciary Committee, February 18, 2026

    From 0:56:32 · Watch on the General Assembly's Vimeo channel

    Summary by Georgia Commons: After correcting the bill identification, the sponsor presented a revised proposal allowing a homeowners association to join the Property Owners Association Act with 75% member approval. A volunteer attorney for the Huntcliff Homeowners Association said some older associations cannot amend their covenants and therefore cannot use the existing route into the act. The attorney described this as a recurring problem reported by lawyers representing associations. The sponsor said the threshold had been reduced from 80% after last year’s committee discussion, but not to two-thirds because advisers recommended 75% to avoid disturbing existing neighborhood rules. In response to members’ questions, the attorney explained that joining the act would give associations access to its existing provision allowing covenant amendments with 80% approval, regardless of their covenants, as well as tools for collecting unpaid assessments. The attorney clarified that not all associations formed before 1994 face this problem, since many already have amendment provisions. The committee approved the bill by voice vote, with no opposition heard.

  2. House Rules Committee, February 26, 2026

    From 0:28:21 · Watch on the General Assembly's Vimeo channel

    Summary by Georgia Commons: The sponsor said HB 664 would address older subdivisions whose covenants contain no process for amendments. The sponsor cited Huntcliff in Sandy Springs, saying it was incorporated around 1966 and had that problem. The sponsor said the bill would allow homeowners to join the Georgia Property Owners’ Association Act with approval from at least 75% of all homeowners, then amend their covenants through another vote of at least 75%. No questions or further action were shown.

  3. House floor session, March 3, 2026 (legislative day 26, PM)

    From 4:40:28 · Watch on the General Assembly's Vimeo channel · Confirmed by the 2026 House Journal, p. 1752

    Summary by Georgia Commons: The sponsor said HB 664 would help older subdivisions whose covenants contain no amendment provision. Using a Sandy Springs subdivision established in 1966 as an example, the sponsor said a vote of at least 75% of homeowners would allow an association to enter the Georgia Property Owners Association Act, followed by another 75% vote to amend covenants. One member questioned whether entering the act would increase enforcement powers and restrictions. The sponsor said the bill only enables covenant changes and does not alter association governance. A second member asked whether associations unable to locate owners could reach 75%. The sponsor said a lower threshold was discussed, but an attorney warned of potential legal challenges. Another member raised concerns about investors controlling votes and increasing fees, fines or liens. The sponsor declined to speculate and said the purpose was to let homeowners update their rules. A further member asked about protecting home values, and the sponsor agreed it would help. The House adopted the committee substitute and passed the bill 121-44.

  4. House Rules Committee, March 3, 2026

    From 0:04:31 · Watch on the General Assembly's Vimeo channel · Confirmed by the 2026 House Journal, p. 1742

    Summary by Georgia Commons: The committee agreed to place HB 664 on the day's second supplemental calendar under modified structure. The motion was made and seconded, and no opposition was heard. There was no discussion of the bill's contents.

Status timeline

  1. 2026-03-04Senate Read and Referred (Senate)
  2. 2026-03-03House Passed/Adopted By Substitute (House)
  3. 2026-03-03House Third Readers (House)
  4. 2026-02-19House Committee Favorably Reported By Substitute (House)
  5. 2025-04-04House Withdrawn, Recommitted (House)
  6. 2025-03-04House Committee Favorably Reported (House)
  7. 2025-03-03House Second Readers (House)
  8. 2025-02-28House First Readers (House)
Show full history (9 actions)
  1. 2025-02-27House Hopper (House)

Sponsors

  • Deborah Silcox (R, HD-53)Primary sponsor
  • Matt Reeves (R, HD-99)
  • Esther Panitch (D, HD-51)
  • Scott Hilton (R, HD-48)

Votes

  1. PassedHouse voteMarch 3, 2026

    121 yea, 44 nay (4 not voting, 8 excused)

    PASSAGE: House Vote #595

Topics

  • property owners associations
  • homeowners associations
  • HOA law
  • real estate law
  • property law

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Machine-readable https://georgiacommons.org/bills/2025-2026/hb664.md · https://georgiacommons.org/bills/index.md · MCP https://mcp.georgiacommons.org/mcp