---
title: SB 393. "HOA Accountability and Training Act"; enact
collection: bills
id: 2025-2026/sb393
cite_as: SB 393, 2025-2026 Regular Session (Ga.)
canonical_url: https://georgiacommons.org/bills/2025-2026/sb393
md_url: https://georgiacommons.org/bills/2025-2026/sb393.md
text_url: https://georgiacommons.org/bills/2025-2026/sb393/text
source_url: https://www.legis.ga.gov/legislation/72197
date: 2026-01-14
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: 95
omitted_url: https://georgiacommons.org/bills/2025-2026/sb393.md?full=1
bill_number: SB 393
session: 2025-2026 Regular Session
session_slug: 2025-2026
chamber: Senate
bill_type: bill
status_date: 2026-01-13
last_action: Senate Read and Referred
sponsors:
- RaShaun Kemp
- Donzella James
- Harold Jones
- Jaha Howard
- Kim Jackson
- Nikki Merritt
- Sheikh Rahman
- Kenya Wicks
- Nabilah Islam Parkes
- Sonya Halpern
- Derek Mallow
- Elena Parent
- Freddie Sims
text_version: Introduced
has_text: true
legiscan_url: https://legiscan.com/GA/bill/SB393/2025
upstream_id: 2073996
summaries_model: claude-sonnet-5
topic_tags:
- homeowners associations
- HOA regulation
- traffic enforcement
- property owners rights
- board member training
---
# SB 393. "HOA Accountability and Training Act"; enact
## Text
Senate Bill 393
By: Senators Kemp of the 38th, James of the 28th, Jones II of the 22nd, Howard of the 35th,
Jackson of the 41st and others
A BILL TO BE ENTITLED
AN ACT
To amend Article 6 of Chapter 3 of Title 44 of the Official Code of Georgia Annotated, the
"Georgia Property Owners' Association Act," so as to prohibit a property owners' association
from exercising enforcement authority over traffic laws, ordinances, or regulations; to
authorize requests to law enforcement agencies to enforce traffic laws, ordinances, or
regulations within a privately owned residential area; to provide for training; to provide for
rules and regulations; to provide for a short title; to provide for related matters; to repeal
conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
This Act shall be known and may be cited as the "HOA Accountability and Training Act."
SECTION 2.
Article 6 of Chapter 3 of Title 44 of the Official Code of Georgia Annotated, the "Georgia
Property Owners' Association Act," is amended in Code Section 44-3-231, relating to powers
and duties of association and legal actions against agent or employee of association, by
revising subsection (a) as follows:
"(a) Except to the extent prohibited by the instrument and subject to any restrictions and
limitations specified therein, the association shall have the power to:
(1) Employ, retain, dismiss, and replace agents and employees to exercise and discharge
the powers and responsibilities of the association;
(2) Make or cause to be made additional improvements on and as a part of the common
area;
(3) Grant or withhold approval of any action by one or more lot owners or other persons
entitled to occupancy of any lot if such action would change the exterior appearance of
any lot, or any structure thereon, or of any other portion of the development or elect or
provide for the appointment of an architectural control committee to grant or withhold
such approval; and
(4)(A) Enforce all lawful provisions of the property owners' association instrument in
accordance with and pursuant to all powers granted by this article, by Chapter 2 or 3 of
Title 14 as may be applicable, and as provided for in the instrument, including, but not
limited to, by an action to recover sums due; for damages; for injunctive relief, without
regard to whether other remedies may exist or be adequate, provided that the provisions
of Code Section 44-3-223 and the instrument are complied with; or for any other remedy
available at law or in equity to the association.
(B) Notwithstanding subparagraph (A) of this paragraph, a property owners'
association shall not have the authority to enforce any state or local traffic laws,
ordinances, or regulations, including, but not limited to, parking violations under
Article 10 of Chapter 6 of Title 40; provided, however, that the property owners'
association may elect to have such laws, ordinances, or regulations enforced by a local
law enforcement agency within a privately owned residential area in accordance with
Code Section 40-6-3."
SECTION 3.
Said article is further amended by adding a new Code section to read as follows:
"44-3-236.
(a) On or before January 1, 2028, the Secretary of State shall develop and implement or
approve a training program of at least four hours in duration for members of the board of
directors or other governing body of a property owners' association which shall include
instruction on the following topics:
(1) Member roles and fiduciary duties, including, but not limited to, financial literacy;
(2) Best practices for record keeping, document retention, and meetings;
(3) Conflicts of interest;
(4) Compliance with this article and association instruments, articles of incorporation,
and bylaws, including, but not limited to, voting requirements, quorums, and enforcement
of provisions within such instruments, articles, and bylaws;
(5) Contract procurement and oversight; and
(6) Effective communication and conflict resolution.
(b) Each member of the board of directors or other governing body of an association shall
complete the training set forth in subsection (a) of this Code section within 90 days of his
or her initial appointment or election to such board or body.
(c) The Secretary of State is authorized to promulgate rules and regulations to implement
the provisions of this Code section.
SECTION 4.
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 Senate bill would stop homeowners' associations from enforcing traffic laws in their neighborhoods themselves, letting them ask local police instead, and would require HOA board members to complete new training starting in 2028.
### Plain-language summary
Georgia's Property Owners' Association Act currently lets HOAs enforce their governing documents broadly, and some HOAs have used that authority to issue tickets or penalties for traffic and parking violations on private roads within their communities. This bill, called the "HOA Accountability and Training Act," would remove that authority. HOAs would no longer be allowed to enforce state or local traffic laws, ordinances, or parking rules themselves. Instead, an HOA could ask a local law enforcement agency to handle traffic and parking enforcement within its privately owned residential streets.
The bill also adds a new requirement for HOA leadership. By January 1, 2028, the Secretary of State must create or approve a training program of at least four hours covering topics like board members' financial duties, record keeping, conflicts of interest, following association rules, contract oversight, and resolving disputes. Every new board or governing body member would have to complete this training within 90 days of taking office, and the Secretary of State could write rules to carry out the requirement.
### What it does
- Removes homeowners' associations' authority to enforce state or local traffic laws, ordinances, or regulations, including parking violations, within their communities.
- Allows an HOA to request that a local law enforcement agency enforce traffic and parking rules within its privately owned residential streets instead.
- Directs the Georgia Secretary of State to create or approve a training program of at least four hours for HOA board members by January 1, 2028.
- Requires every new HOA board or governing body member to complete the training within 90 days of being appointed or elected.
- Authorizes the Secretary of State to write rules and regulations to put the training requirement into effect.
### Who it affects
Homeowners' associations and their boards of directors, residents living in HOA-governed communities who currently face HOA-issued traffic or parking penalties, local law enforcement agencies that may be asked to take over enforcement, and the Georgia Secretary of State's office, which must build and oversee the new training program.
### Why it matters
Residents in HOA communities would no longer be subject to traffic or parking enforcement directly by their association, shifting that role to local police if the HOA requests it. HOA board members would also face a new training mandate aimed at improving how associations handle finances, records, and disputes.
### Key provisions
- Section 1 names the bill the "HOA Accountability and Training Act."
- Section 2 amends O.C.G.A. § 44-3-231 to bar property owners' associations from enforcing state or local traffic laws, ordinances, or regulations, including parking violations under Article 10 of Chapter 6 of Title 40.
- Section 2 also allows an HOA to have such laws enforced instead by a local law enforcement agency within the privately owned residential area, per O.C.G.A. § 40-6-3.
- Section 3 adds new Code Section 44-3-236, requiring the Secretary of State to develop or approve a four-hour training program for HOA board members by January 1, 2028, covering fiduciary duties, record keeping, conflicts of interest, compliance, contracts, and conflict resolution.
- Section 3 requires new board members to complete the training within 90 days of taking office and lets the Secretary of State issue implementing rules.
- Section 4 repeals any conflicting laws.
## Status
- Status: Introduced (2026-01-13)
- Last action: Senate Read and Referred (2026-01-14)
- Sponsors: RaShaun Kemp, Donzella James, Harold Jones, Jaha Howard, Kim Jackson, Nikki Merritt, Sheikh Rahman, Kenya Wicks, Nabilah Islam Parkes, Sonya Halpern, Derek Mallow, Elena Parent, Freddie Sims
- Official page: https://www.legis.ga.gov/legislation/72197
> The history, votes, and amendments (95 characters) are at https://georgiacommons.org/bills/2025-2026/sb393.md?full=1