---
title: 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
collection: bills
id: 2025-2026/sb580
cite_as: SB 580, 2025-2026 Regular Session (Ga.)
canonical_url: https://georgiacommons.org/bills/2025-2026/sb580
md_url: https://georgiacommons.org/bills/2025-2026/sb580.md
text_url: https://georgiacommons.org/bills/2025-2026/sb580/text
source_url: https://www.legis.ga.gov/legislation/73623
date: 2026-02-26
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.
up: https://georgiacommons.org/bills/2025-2026.md
previous: https://georgiacommons.org/bills/2025-2026/sb579.md
next: https://georgiacommons.org/bills/2025-2026/sb581.md
index: https://georgiacommons.org/bills/index.md
omitted: votes and history
omitted_chars: 95
omitted_url: https://georgiacommons.org/bills/2025-2026/sb580.md?full=1
bill_number: SB 580
session: 2025-2026 Regular Session
session_slug: 2025-2026
chamber: Senate
bill_type: bill
status_date: 2026-02-25
last_action: Senate Read and Referred
sponsors:
- Sheikh Rahman
- Donzella James
- Tonya Anderson
- Harold Jones
- Kim Jackson
- Randal Mangham
- Jaha Howard
- RaShaun Kemp
- Derek Mallow
- Nikki Merritt
- Nabilah Islam Parkes
- David Lucas
- Ed Harbison
- Kenya Wicks
- Sally Harrell
- Gail Davenport
- Emanuel Jones
- Michael Rhett
text_version: Introduced
has_text: true
legiscan_url: https://legiscan.com/GA/bill/SB580/2025
upstream_id: 2124804
summaries_model: claude-sonnet-5
topic_tags:
- homeowners associations
- condominium law
- property liens
- foreclosure rules
- property law
---
# 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
## Text
Senate Bill 580
By: Senators Rahman of the 5th, James of the 28th, Anderson of the 43rd, Jones II of the
22nd, Jackson of the 41st and others
A BILL TO BE ENTITLED
AN ACT
To amend Title 44 of the Official Code of Georgia Annotated, relating to property, so as to
increase 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"; to
provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Title 44 of the Official Code of Georgia Annotated, relating to property, is amended by
revising subsection (c) of Code Section 44-3-109, relating to liens for assessments and
foreclosures under the "Georgia Condominium Act," as follows:
"(c) Not less than 30 days after notice is sent by certified mail or statutory overnight
delivery, return receipt requested, to the unit owner both at the address of the unit and at
any other address or addresses which the unit owner may have designated to the association
in writing, the lien may be foreclosed by the association by an action, judgment, and
foreclosure in the same manner as other liens for the improvement of real property, subject
to superior liens or encumbrances, but any such court order for judicial foreclosure shall
not affect the rights of holders of superior liens or encumbrances to exercise any rights or
powers afforded to them under their security instruments. The notice provided for in this
subsection shall specify the amount of the assessments then due and payable together with
authorized late charges and the rate of interest accruing thereon. No foreclosure action
against a lien arising out of this subsection shall be permitted unless the amount of the lien
is at least $2,000.00 $20,000.00. Unless prohibited by the condominium instruments, the
association shall have the power to bid on the unit at any foreclosure sale and to acquire,
hold, lease, encumber, and convey the same. The lien for assessments shall lapse and be
of no further effect, as to assessments or installments thereof, together with late charges
and interest applicable thereto, four years after the assessment or installment first became
due and payable."
SECTION 2.
Said title is further amended by revising subsection (c) of Code Section 44-3-232, relating
to liens for assessments and foreclosures under the "Georgia Property Owners' Association
Act," as follows:
"(c) Not less than 30 days after notice is sent by certified mail or statutory overnight
delivery, return receipt requested, to the lot owner both at the address of the lot and at any
other address or addresses which the lot owner may have designated to the association in
writing, the lien may be foreclosed by the association by an action, judgment, and court
order for foreclosure in the same manner as other liens for the improvement of real
property, subject to superior liens or encumbrances, but any such court order for judicial
foreclosure shall not affect the rights of holders of superior liens or encumbrances to
exercise any rights or powers afforded to them under their security instruments. The notice
provided for in this subsection shall specify the amount of the assessments then due and
payable together with authorized late charges and the rate of interest accruing thereon. No
foreclosure action against a lien arising out of this subsection shall be permitted unless the
amount of the lien is at least $2,000.00 $20,000.00. Unless prohibited by the instrument,
the association shall have the power to bid on the lot at any foreclosure sale and to acquire,
hold, lease, encumber, and convey the same. The lien for assessments shall lapse and be
of no further effect, as to assessments or installments thereof, together with late charges
and interest applicable thereto, four years after the assessment or installment first became
due and payable."
SECTION 3.
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 raise the minimum unpaid debt required before a condominium or homeowners' association can foreclose on a lien from $2,000 to $20,000.
### Plain-language summary
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 it 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
- Status: Introduced (2026-02-25)
- Last action: Senate Read and Referred (2026-02-26)
- Sponsors: Sheikh Rahman, Donzella James, Tonya Anderson, Harold Jones, Kim Jackson, Randal Mangham, Jaha Howard, RaShaun Kemp, Derek Mallow, Nikki Merritt, Nabilah Islam Parkes, David Lucas, Ed Harbison, Kenya Wicks, Sally Harrell, Gail Davenport, Emanuel Jones, Michael Rhett
- Official page: https://www.legis.ga.gov/legislation/73623
> The history, votes, and amendments (95 characters) are at https://georgiacommons.org/bills/2025-2026/sb580.md?full=1