SB406: SB406 "Georgia Property Owners' Bill of Rights Act"; enact

Georgia currently has no state registration or oversight system for homeowners' and property owners' associations (HOAs). This bill would create one. Every owners' association would have to register annually with the Secretary of State, pay a $100 fee, and keep financial and assessment records for at least ten years. The Secretary of State could deny, suspend, or revoke an association's registration for violations, and owners could file complaints that trigger hearings and an automatic pause on fine collection while the complaint is pending. The bill also changes existing lien and foreclosure rules in Title 44: it lengthens the notice period before a lien can be foreclosed from 30 to 60 days, raises the minimum unpaid balance needed to foreclose, and extends how long an assessment lien stays valid from four to six years. It lists specific rights owners have, such as inspecting association records and receiving notice before foreclosure, and requires associations to apply payments to regular dues first. Most of the Act takes effect January 1, 2027, except the attorney's fee notice requirements in Section 7, which take effect July 1, 2026.

• Requires every owners' association operating in Georgia to register annually with the Secretary of State and pay a $100 filing fee, or else be barred from collecting fines, fees, or pursuing foreclosures.
• Creates a state process for the Secretary of State to deny, suspend, or revoke an association's registration, including hearings, subpoenas, and administrative service fees for non-prevailing parties.
• Lets any resident of an owners' development file a complaint against their association with the Secretary of State, triggering an automatic pause on fine collection until a hearing officer rules.
• Lists specific rights owners have, such as inspecting association records, attending member meetings, and getting notice before a foreclosure action.
• Rewrites Georgia's HOA lien and foreclosure rules (O.C.G.A. § 44-3-232) by extending the pre-foreclosure notice period from 30 to 60 days, raising the minimum debt needed to foreclose, and extending how long a lien stays valid from four to six years.
• Requires associations to give lot owners written notice and 30 days to pay outstanding fines before the association can collect attorney's fees, and requires judges to review those fees for reasonableness.

Homeowners' and property owners' associations across Georgia, the officers and board members who run them, individual property owners and residents within those developments, the Secretary of State's office (which would run the new registration and enforcement system), and landlords and tenants in dispossessory court cases affected by the new record-sealing provision.

Owners would gain a formal state process to challenge fines, fees, and foreclosure actions by their HOA, plus more time and a higher debt threshold before an association can foreclose on a lien. Associations would face new registration paperwork, fees, and recordkeeping duties, and could lose their ability to collect fines if they fail to register.

• Section 2 creates a new Chapter 17A in Title 43 requiring owners' associations to register with the Secretary of State, file governing documents and a financial statement, and renew annually by December 31 for a $100 fee.
• Section 2 (O.C.G.A. § 43-17A-3) lets the Secretary of State deny, suspend, or revoke an association's registration or bar individual officers for violations, false statements, or failure to pay fees.
• Section 2 (O.C.G.A. § 43-17A-5) creates a complaint process for owners, with an automatic stay on fine collection while a complaint is pending and a right to appeal to magistrate or superior court.
• Section 2 (O.C.G.A. § 43-17A-8) requires associations to apply owner payments first to regular dues, then special assessments, then specific assessments, then other fees and fines, and bans 'accelerated assessments.'
• Section 5 amends O.C.G.A. § 44-3-232 to require 60 days' notice before lien foreclosure (up from 30), raise the minimum lien amount needed to foreclose, and extend lien validity from four to six years.
• Section 7 requires associations to send written notice and give lot owners 30 days to pay before claiming attorney's fees, and requires judges to certify those fees as reasonable.
• Section 8 allows courts to seal dispossessory case records from the public once a tenant wins, pays a judgment in full, or seven years pass after a dismissal or paid judgment.
• Section 9 sets most of the Act to take effect January 1, 2027, but makes the attorney's fee notice rule in Section 7 effective July 1, 2026.

1. 2026-05-12Effective Date 2027-01-01
2. 2026-05-12Act 715
3. 2026-05-12Senate Date Signed by Governor (Senate)
4. 2026-04-10Senate Sent to Governor (Senate)
5. 2026-03-31Senate Agreed House Amend or Sub (Senate)
6. 2026-03-31House Passed/Adopted By Substitute (House)
7. 2026-03-31House Third Readers (House)
8. 2026-03-20House Committee Favorably Reported By Substitute (House)

• Matt Brass (R, SD-006)Primary sponsor
• Donzella James (D, SD-028)
• Kay Kirkpatrick (R, SD-032)
• Clint Dixon (R, SD-045)
• Freddie Sims (D, SD-012)
• Tonya Anderson (D, SD-043)
• Carden Summers (R, SD-013)
• Timothy Bearden (R, SD-030)
• Nan Orrock (D, SD-036)
• Ricky Williams (R, SD-025)
• Frank Ginn (R, SD-047)
• RaShaun Kemp (D, SD-038)
• Shawn Still (R, SD-048)
• Chuck Hufstetler (R, SD-052)
• Drew Echols (R, SD-049)
• Lee Anderson (R, SD-024)
• David Lucas (D, SD-026)
• Chuck Payne (R, SD-054)
• Reynaldo Martinez (R, HD-111)

1. FailedSenate voteMarch 4, 2026

   11 yea, 40 nay (2 not voting, 2 absent)

   Adoption Of Amendment #2 By The Senator From The 5th: Senate Vote #627

2. PassedSenate voteMarch 4, 2026

   53 yea, 0 nay (0 not voting, 2 absent)

   Passage By Substitute: Senate Vote #628

3. PassedHouse voteMarch 31, 2026

   155 yea, 10 nay (4 not voting, 7 absent)

   Passage: House Vote #796

4. PassedSenate voteMarch 31, 2026

   51 yea, 0 nay (0 not voting, 3 absent)

   Agree To House Substitute: Senate Vote #918

• homeowners associations
• property liens and foreclosure
• landlord tenant law
• Secretary of State regulation
• property owner rights