SB 406: "Georgia Property Owners' Bill of Rights Act"; enact

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Discussed in meetings (17)

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. Senate Judiciary Committee, February 25, 2026

   From 1:00:49 · Watch on the General Assembly's Vimeo channel

   Summary by Georgia Commons: The sponsor presented the unchanged subcommittee substitute for SB 406, citing association members’ difficulty obtaining records, finding lawyers and challenging fines. The sponsor said it would require homeowners and similar associations to register annually with the Secretary of State and file financial information, bylaws and officer details. It would establish investigations and hearings before a five-member board and state owners’ rights. The sponsor said the foreclosure threshold would rise from $2,000 to $4,000, exclude fines and fees, and apply payments to dues first. Associations that only collect dues and assessments could instead submit a notice. A second presenting legislator described homeowners facing foreclosure over disputed fines. Members questioned agency capacity, funding and whether courts could handle disputes. The sponsor favored hearings that would not require lawyers and cited a $100 annual registration fee, while acknowledging uncertainty about association numbers and leaving fee allocation unspecified. Members adopted, with one opposed, an amendment requiring decisions immediately after hearings. Another member proposed board-training requirements. After questions about exempt associations and concerns that training could discourage board service and jeopardize passage, the member withdrew that amendment. The committee unanimously approved the substitute as amended, and the chair said it would move to Rules.

2. Senate Urban Affairs Committee, February 26, 2026

   From 0:51:04 · Watch on the General Assembly's Vimeo channel

   Summary by Georgia Commons: A condominium resident supported SB 406, saying homeowners need somewhere to seek help when boards deny records or act improperly, because litigation is expensive. A witness for Working for Accountability, Transparency and Control for Homeowners supported the proposed oversight commission but urged excluding people currently paid by association law firms or property management companies. The witness warned that otherwise the commission could include people homeowners are complaining about. The witness reported that the sponsor accepted board members serving if they withdrew from matters involving their own communities, but had not answered the witness’s concerns about law firms and management companies. The chair said some House members shared the concern and discussed pursuing changes there. The witness also said the bill would limit foreclosure to unpaid assessments reaching $4,000, but questioned whether it prevented assessment payments from being applied to fines, making owners appear behind on dues. The chair said that language might need review. The chair reported that the bill had passed Judiciary the previous day and was in Rules, and that an attempt to add training provisions had not succeeded. No amendment or vote occurred at this meeting.

3. Senate Rules Committee, March 3, 2026

   From 0:21:35 · Watch on the General Assembly's Vimeo channel

   Summary by Georgia Commons: The chair presented SB 406 as a homeowners association proposal intended to increase accountability and transparency. The chair said it would require associations to register with the Secretary of State, create an administrative alternative to court for disputes and establish property owners’ rights. The chair also said it would raise the foreclosure threshold from $2,000 to $4,000 or 12 months of dues, excluding fines and fees from that amount. No substantive questions followed. Members selected it for the calendar as part of the approved slate.

4. Senate floor session, March 4, 2026 (legislative day 27)

   From 4:55:53 · Watch on the General Assembly's Vimeo channel · Confirmed by the bill's status history (Senate Third Read)

   Summary by Georgia Commons: The sponsor said SB 406 would require homeowners, property owners and condominium associations to register information with the Secretary of State, create a complaint-review board and hearings, and collect existing owner protections into a bill of rights. The sponsor described a $100 annual renewal fee and a limited exception for associations collecting dues and assessments but not fines or fees. The sponsor said owners struggled to obtain records or find lawyers for disputes. Several supporting senators described constituent complaints involving fines, threatened foreclosure, parking and association management. The sponsor said the foreclosure threshold would become $4,000 or 12 months of dues. A sponsor-backed amendment added a $2,000 minimum to the dues-based threshold and was adopted without objection. Another senator proposed a $10,000 threshold, citing a constituent facing foreclosure over $3,000. That amendment failed 11-40. A third amendment, barring review-board members with specified ties to association law firms or management companies, was adopted without objection. The Senate adopted the amended committee substitute and passed it 53-0.

5. House Small Business Development Committee, March 17, 2026

   From 0:33:53 · Watch on the General Assembly's Vimeo channel

   Summary by Georgia Commons: The Georgia Association of Realtors’ advocacy director supported SB 406, describing it as a balance between respecting homeowners association contracts and addressing abusive practices. The advocacy director said it would raise the foreclosure threshold from $2,000 to $4,000 and allow only unpaid assessments and dues, not fines or attorney fees, to count toward foreclosure. The advocacy director also described an arbitration board under the Secretary of State, registration and governing-document requirements for homeowners, property owners and condominium associations, and enforcement backed by the attorney general’s office. The advocacy director argued that residents currently have limited practical options beyond hiring an attorney. A committee member who serves as an HOA president supported giving residents a way to question boards and enforce governing agreements, citing complaints about repeated charges. The advocacy director said the bill was scheduled for House Judiciary that morning. No vote occurred.

6. House Judiciary Committee, March 17, 2026

   From 0:16:48 · Watch on the General Assembly's Vimeo channel

   Summary by Georgia Commons: The sponsor said SB 406 would require associations to register with the Secretary of State, pay $100 annually and file financial records, governing documents and officers’ names. The sponsor said this would improve transparency and give residents an alternative to costly lawsuits. The substitute replaced a proposed oversight board with a state-appointed arbitrator, followed by court appeals. The sponsor said unregistered associations could collect dues but could not impose fines, issue liens or foreclose. The sponsor described foreclosure thresholds of $4,000 or 12 months of unpaid dues totaling at least $2,000, excluding fines and fees. Some members favored ending foreclosure authority; another supported keeping it to protect neighbors who pay. Members questioned mandatory arbitration, existing contracts, arbitrator qualifications, appeal standards and when foreclosure proceedings would pause. The sponsor supported correcting language and proposed a January 1, 2027 start date. A member suggested 90 days’ notice and instructions for resolving unpaid amounts before foreclosure. Two witnesses from a small association warned about burdens on volunteers and suggested exemptions. Homeowner witnesses described disputed fines, withheld records, insurance disputes and legal charges. The Georgia Association of Realtors supported the bill. A condominium owner requested clearer condominium coverage and limits on accelerated dues. A Watch Project witness requested cooperative coverage and a ban on refusing payments, while supporting foreclosure authority for condominiums’ shared expenses. The chair made the meeting hearing-only and requested a revised substitute. No amendments or final vote were taken.

7. House Judiciary Committee, March 19, 2026

   From 0:24:22 · Watch on the General Assembly's Vimeo channel

   Summary by Georgia Commons: The sponsor described a revised owners’ association bill covering homeowners’, condominium and cooperative associations. The sponsor said registration would include governing documents and financial information, associations could not refuse dues payments, and fines and fees would not count toward foreclosure thresholds. The sponsor described the threshold as the lesser of $4,000 or 12 months of regular assessments, with a $2,000 minimum, and said a foreclosure pause would be limited to one 90-day period to prevent repeated complaints from delaying proceedings. Members adopted amendments extending foreclosure notice from 30 to 90 days and requiring notice that timely payment would eliminate the right to foreclose. They also incorporated HB 1221’s attorney-fee notice provisions, replaced references to an arbitrator with a hearing officer, and specified finalized balance sheets, budgets and profit-and-loss statements for the past three years as required financial records. A member said the terminology change would avoid confusion with arbitration rules. Legislative counsel confirmed separate effective dates for the incorporated notice provisions and the main bill, which the sponsor said would take effect January 1, 2027. The committee approved the amended substitute by voice vote, with no opposition heard.

8. House Rules Committee, March 23, 2026

   From 0:21:19 · Watch on the General Assembly's Vimeo channel

   Summary by Georgia Commons: The presenter said SB 406 would require homeowners, property owners and condominium associations to register with the Secretary of State, create an administrative hearing process, establish property-owner rights and revise foreclosure procedures. No questions or calendar decision followed.

9. House Rules Committee, March 31, 2026

   From 1:15:32 · Watch on the General Assembly's Vimeo channel

   Summary by Georgia Commons: The substitute presenter said SB 406 would require homeowners' and condominium associations to register with the Secretary of State to collect fees, establish a complaint process, set owner rights, limit lien foreclosures and direct how payments are applied. The presenter said changes would add access to association bank statements, shorten the notice-and-payment period before foreclosure from 90 to 60 days, and remove a provision pausing enforcement during an appeal. Other additions would let certain associations replace unanimous-consent amendment requirements with an 80% threshold when electing coverage under the act, and let qualifying tenants seek to shield prior litigation records from public view. A member questioned whether a stronger foreclosure protection had disappeared. The presenter described a minimum debt threshold excluding some charges, then confirmed that the earlier provision pausing proceedings had been deleted. The member expressed support for the earlier protection. The committee approved the substitute and later placed SB 406 on the day's floor calendar, with no opposition stated to either action.

10. House floor session, March 31, 2026 (legislative day 39, part 1)

    From 1:34:57 · Watch on the General Assembly's Vimeo channel · Confirmed by the 2026 House Journal, p. 3860

    Summary by Georgia Commons: The presenter said SB 406 would require homeowners associations to register with the Secretary of State before collecting fees or fines, recording liens, or pursuing foreclosure. The presenter described a $100 annual registration fee, filing of governing documents and financial statements, ten-year record retention, and a January 1, 2027, effective date. Homeowners could bring complaints before a neutral hearing officer. Asked about foreclosure, the presenter said the threshold would rise from $2,000 to $4,000 in unpaid assessments, excluding fines and attorney fees. One member repeatedly asked how an association without a functioning board or quorum could register. The presenter said the association must decide and submit its records, without fully explaining how that decision would occur. Another member emphasized that unregistered associations could not collect fees or pursue liens or foreclosure. A supporting member said the hearing process would offer an alternative to costly lawsuits. A second supporter described a homeowner sued after automatic payments stopped without notice, saying the bill would discourage unnecessary litigation. A third supporter said the bill would address problems with association documents. The House replaced the committee substitute with the Rules Committee substitute and passed the bill 155 to 10.

11. Senate floor session, March 31, 2026 (legislative day 39, part 2)

    From 3:59:01 · Watch on the General Assembly's Vimeo channel · Confirmed by the bill's status history (Senate Agreed House Amend or Sub)

    Summary by Georgia Commons: The sponsor described the homeowners-association bill as protecting owners and improving transparency. The sponsor said the House replaced a proposed five-person complaint board with a hearing officer appointed by the secretary of state. Either side could appeal to magistrate court and then superior court. The sponsor said this gave owners two stages where a lawyer would not be needed, instead of going directly to superior court. The sponsor said the substitute prohibited refusing dues payments and demanding all remaining monthly dues at once, established payment priorities, and distinguished dues and assessments from fees and fines. The sponsor said only unpaid dues would count toward the foreclosure threshold, which would rise from $2,000 to $4,000. No substantive questions or opposing speeches followed. After the vote, the chair announced approval, 51 to 0, while stating a different bill number.

• Read aloud: Senate floor session, January 16, 2026 (legislative day 5), 0:18:53
• Read aloud: Senate floor session, February 26, 2026 (legislative day 25), 0:27:22
• Read aloud: Senate floor session, March 3, 2026 (legislative day 26), 0:37:48
• Read aloud: House floor session, March 6, 2026 (legislative day 28, AM), 0:52:41
• Read aloud: House floor session, March 9, 2026 (legislative day 29), 1:09:41
• Read aloud: House floor session, March 20, 2026 (legislative day 35), 0:50:09

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