HB1221: HB1221 Property owners' associations; written notice of certain sums; provide

Under current Georgia law governing property owners' associations (O.C.G.A. Article 6 of Chapter 3 of Title 44), associations can pursue unpaid fines or fees from lot owners and seek attorney's fees as part of that process. This bill adds new requirements before an association can collect or be awarded attorney's fees in connection with those unpaid amounts. The association or its agent would first have to send written notice by certified mail or statutory overnight delivery identifying the outstanding fines or fees. The lot owner would then get 30 days from receiving that notice to pay before further steps. The association would also have to provide an itemized list of the attorney's fees it claims are reasonable. In bench trials over these unpaid sums, judges would have to review the claimed attorney's fees and issue an order stating whether the fees are reasonable before the association can be awarded them. The changes would take effect July 1, 2026, and apply to actions filed on or after that date.

• Requires associations to send lot owners written notice by certified mail or overnight delivery identifying outstanding fines or delinquent fees before seeking attorney's fees.
• Gives lot owners a 30 day window from receiving that notice to pay the outstanding amount.
• Requires associations to submit an itemized list of the attorney's fees they are claiming as reasonable.
• Requires judges in bench trials over these claims to review attorney's fees for reasonableness and issue a written order before fees can be awarded.
• Sets the effective date as July 1, 2026, applying only to actions filed on or after that date.

Homeowners and lot owners who belong to property owners' associations, the associations themselves and their attorneys or agents who pursue unpaid fines or fees, and judges who handle bench trials over these collection actions in Georgia courts.

Lot owners facing collection actions over unpaid dues or fines would get formal notice and a 30 day chance to pay before facing attorney's fees, and a judge would have to sign off that any claimed fees are reasonable, adding a check before associations can recover those costs.

• Section 1 amends O.C.G.A. § 44-3-232 by adding subsection (f), requiring written notice by certified mail or statutory overnight delivery before an association can collect or be awarded attorney's fees.
• Subsection (f)(2) gives lot owners 30 days from receipt of the notice to pay outstanding fines or delinquent fees.
• Subsection (f)(3) requires the association to provide an itemized list of the reasonable attorney's fees it is claiming.
• Subsection (g) requires judges in bench trials over sums assessed against a lot owner to review attorney's fee claims for reasonableness and issue an order on that finding before fees can be awarded.
• Section 2 sets the effective date as July 1, 2026, applying to actions filed on or after that date.
• Section 3 repeals conflicting laws.

1. 2026-02-24House Committee Favorably Reported By Substitute (House)
2. 2026-02-09House Second Readers (House)
3. 2026-02-06House First Readers (House)
4. 2026-02-05House Hopper (House)

• Saira Draper (D, HD-090)Primary sponsor
• Mary Oliver (D, HD-084)
• Stacey Evans (D, HD-057)
• Stan Gunter (R, HD-008)
• Rob Leverett (R, HD-123)

• homeowners associations
• property owners rights
• attorney's fees
• HOA fines and dues
• Georgia housing law