SB393: SB393 "HOA Accountability and Training Act"; enact

Georgia homeowners' associations (HOAs) currently have broad power under the Georgia Property Owners' Association Act (O.C.G.A. § 44-3-231) to enforce their governing documents, and some have used that authority to enforce traffic and parking rules within their communities. This bill would take that power away. HOAs would no longer be allowed to enforce state or local traffic laws, ordinances, or regulations, including parking violations, but they could ask a local police department or sheriff's office to enforce those laws inside a privately owned residential area. The bill also adds a new requirement for HOA leadership. By January 1, 2028, the Georgia Secretary of State must create or approve a training program of at least four hours covering topics like fiduciary duties, record keeping, conflicts of interest, and contract oversight. New board members would have to complete this training within 90 days of being elected or appointed. The Secretary of State could write rules to carry out the training requirement.

• Removes an HOA's authority to enforce state or local traffic laws, ordinances, or regulations, including parking violations under Georgia's traffic code.
• Allows an HOA to ask a local law enforcement agency to enforce traffic and parking rules within its privately owned residential area 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 new HOA board members to complete the training within 90 days of being elected or appointed.
• Gives the Secretary of State authority to write rules and regulations to carry out the training requirement.

Homeowners' associations and their boards of directors, residents living in HOA-governed communities who may currently face HOA traffic or parking enforcement, local police and sheriff's departments that could be asked to take over enforcement, and the Georgia Secretary of State's office, which must build the training program.

Residents in HOA communities would no longer have their HOA writing parking tickets or enforcing traffic rules directly; instead, local police would handle it if the HOA asks. Board members would also need training, which could change how associations are run day to day.

• Section 1 names the bill the 'HOA Accountability and Training Act.'
• Section 2 revises O.C.G.A. § 44-3-231(a) 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 allows an HOA to instead request enforcement by a local law enforcement agency under 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, contract oversight, and communication.
• Section 3 requires each board member to complete the training within 90 days of taking office and lets the Secretary of State issue implementing rules.
• Section 4 repeals conflicting laws.

1. 2026-01-14Senate Read and Referred (Senate)
2. 2026-01-13Senate Hopper (Senate)

• RaShaun Kemp (D, SD-038)Primary sponsor
• Donzella James (D, SD-028)
• Harold Jones (D, SD-022)
• Jaha Howard (D, SD-035)
• Kim Jackson (D, SD-041)
• Nikki Merritt (D, SD-009)
• Sheikh Rahman (D, SD-005)
• Kenya Wicks (D, SD-034)
• Nabilah Islam Parkes (D, SD-007)
• Sonya Halpern (D, SD-039)
• Derek Mallow (D, SD-002)
• Elena Parent (D, SD-044)
• Freddie Sims (D, SD-012)

• homeowners associations
• traffic and parking enforcement
• HOA board training
• property law