SB 580: Property; the minimum amount required for a foreclosure on a lien on a property under the "Georgia Condominium Act" and the "Georgia Property Owners' Association Act"; increase
Last action February 26, 2026 · Senate Read and Referred
A Georgia Senate bill would raise the minimum unpaid debt required before a condominium or homeowners' association can foreclose on a lien from $2,000 to $20,000.
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 Introduced version, the latest LegiScan holds.
In plain language
Under current Georgia law, condominium associations and property owners' associations can foreclose on a homeowner's unit or lot to collect unpaid assessments once the overdue amount reaches at least $2,000. This bill raises that threshold to $20,000 for both types of associations. The bill amends two sections of Georgia's property code: O.C.G.A. § 44-3-109 under the Georgia Condominium Act and O.C.G.A. § 44-3-232 under the Georgia Property Owners' Association Act. Both sections otherwise keep the same foreclosure process, including the 30-day notice requirement sent by certified mail or statutory overnight delivery, the four-year lapse period for liens, and the association's ability to bid on the property at a foreclosure sale. Only the dollar threshold for triggering a foreclosure changes.
What the bill does
- Raises the minimum lien amount required before a condominium association can foreclose on a unit from $2,000 to $20,000 under O.C.G.A. § 44-3-109.
- Raises the same minimum lien threshold from $2,000 to $20,000 for property owners' associations foreclosing on a lot under O.C.G.A. § 44-3-232.
- Leaves unchanged the existing 30-day notice-by-mail requirement before a foreclosure can proceed.
- Leaves unchanged the four-year lapse period after which an unpaid assessment lien becomes unenforceable.
Who it affects
Homeowners who live in condominiums or in communities governed by property owners' associations, as well as the associations themselves that place liens for unpaid dues, and holders of mortgages or other liens on those properties whose rights remain unaffected by these foreclosures.
Why it matters
Owners who fall behind on association dues would need to owe a much larger amount, $20,000 instead of $2,000, before the association could foreclose on their home or lot. This makes it harder for associations to use foreclosure to collect smaller unpaid debts.
Key provisions
- Section 1 rewrites O.C.G.A. § 44-3-109(c) to change the minimum foreclosure threshold for condominium liens from $2,000 to $20,000.
- Section 2 rewrites O.C.G.A. § 44-3-232(c) to make the identical change for property owners' association liens.
- Both sections keep intact the requirement that the association send notice by certified mail or statutory overnight delivery at least 30 days before foreclosing.
- Both sections keep the four-year lapse rule for assessment liens unchanged.
- Section 3 repeals any conflicting laws.
Status timeline
- Senate Read and Referred (Senate)
- Senate Hopper (Senate)
Sponsors
- Sheikh Rahman (D, SD-005)
- Donzella James (D, SD-028)
- Tonya Anderson (D, SD-043)
- Harold Jones (D, SD-022)
- Kim Jackson (D, SD-041)
- Randal Mangham (D, SD-055)
- Jaha Howard (D, SD-035)
- RaShaun Kemp (D, SD-038)
- Derek Mallow (D, SD-002)
- Nikki Merritt (D, SD-009)
- Nabilah Islam Parkes (D, SD-007)
- David Lucas (D, SD-026)
- Ed Harbison (D, SD-015)
- Kenya Wicks (D, SD-034)
- Sally Harrell (D, SD-040)
- Gail Davenport (D, SD-017)
- Emanuel Jones (D, SD-010)
- Michael Rhett (D, SD-033)
Topics
- homeowners associations
- condominium law
- property liens
- foreclosure rules
- property law