Senate · Introduced · 2025-2026 Regular Session

SB 521: Specialized Land Transactions; a residency requirement for board members and officers of condominium associations and property owners' associations; establish

Last action February 18, 2026 · Senate Read and Referred

A Georgia Senate bill would require condominium and homeowners' association board members and officers to actually live in the community they govern, starting January 1, 2027, with an exception for military members on deployment.

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In plain language

Under current Georgia law, condominium associations and property owners' associations can let board members and officers serve without necessarily living in the unit or lot they represent. This bill changes that for both condominiums (O.C.G.A. § 44-3-104) and property owners' associations (O.C.G.A. § 44-3-229). It defines a 'resident unit owner' or 'resident lot owner' as someone who has physically lived in their unit or lot as their main home for at least six months in the year before their election, or an active-duty military member temporarily unable to live there because of deployment or training. Starting January 1, 2027, board members and officers generally must meet this residency test. Those already serving before that date can finish their current term. Associations must update their governing documents (bylaws and instruments) to include this requirement, and members who stop meeting it partway through a multi-year term can be removed under the association's existing procedures.

What the bill does

Requires condominium and property owners' association board members and officers to be resident owners who have lived in their unit or lot for at least six months in the past year, starting January 1, 2027.
Creates an exception for active-duty military members (Army, Navy, Marines, Coast Guard, Air Force, Space Force, National Guard, and related forces) who can't occupy their home due to deployment or training.
Lets current board members and officers finish out terms they started before January 1, 2027, even if they don't meet the new residency rule.
Allows removal, under existing association procedures, of a board member or officer serving a multi-year term who stops meeting the residency requirement partway through.
Requires every association's governing instruments and bylaws to be updated to include the new residency requirement.
Clarifies that the rule does not take away any unit or lot owner's voting or property rights under other laws.

Who it affects

Condominium owners and residents, property owners' association members, current and future board members and officers of these associations, and active-duty military members who own but temporarily cannot live in their unit or lot due to service obligations.

Why it matters

Absentee investors or landlords who currently sit on association boards without living in the community could lose eligibility to serve once the rule takes effect, shifting governance power toward owners who actually live on-site, while military members get a specific carve-out for deployment.

Key provisions

Section 1 amends O.C.G.A. § 44-3-104 to define 'resident unit owner' for condominiums, based on six months of physical occupancy in the past year or active military service preventing occupancy.
Section 1 sets January 1, 2027 as the date the residency requirement takes effect for condominium board members and officers.
Section 1 allows sitting board members and officers to finish their current terms even without meeting the residency requirement.
Section 1 makes board members or officers serving terms longer than a year subject to removal if they lose resident status mid-term (unless on active duty).
Section 2 applies the same residency definition, effective date, grandfather clause, and removal provision to property owners' associations under O.C.G.A. § 44-3-229.
Sections 1 and 2 both preserve existing rules allowing shareholders, officers, or trustees of an owning entity to count as owners for eligibility purposes.
Section 3 repeals any conflicting laws.

From the bill

“Except as provided in paragraph (2) of this subsection, on and after January 1, 2027, each member of the board and officer shall be a resident unit owner.”
This is the core residency requirement for condominium association board members and officers.

“Any board member or officer elected or appointed prior to January 1, 2027, regardless of his or her status as a resident unit owner, shall serve out the term of such office”
This grandfather clause lets current board members finish their terms even without meeting the new rule.

“Nothing in this Code section shall be construed to impair any voting rights of a unit owner provided under this article or any property rights of a unit owner provided under any applicable law.”
This clause protects existing owner voting and property rights from being affected by the new residency rule.

Status timeline

2026-02-18Senate Read and Referred (Senate)
2026-02-17Senate Hopper (Senate)

Topics

homeowners associations
condominium law
property owners rights
residency requirements
military service protections

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