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

26 LC 49 2719S The House Committee on Judiciary offers the following substitute to HB 1221: A BILL TO BE ENTITLED AN ACT To amend Article 6 of Chapter 3 of Title 44 of the Official Cod e of Georgia Annotated,1 relating to property owners' associations, so as to provide for written notice of certain sums;2 to provide for a time certain to pay outstanding sums; to provi de for an itemized list of3 attorney's fees claimed; to provide for an order finding reasonableness; to provide for related4 matters; to provide for an effective date and applicability; to repeal conflicting laws; and for5 other purposes.6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:7 SECTION 1.8 Article 6 of Chapter 3 of Title 44 of the Official Code of Geor gia Annotated, relating to9 property owners' associations, is amended by adding new subsect ions to Code Section10 44-3-232, relating to assessments against lot owners as constit uting lien in favor of11 association, additional charge s against lot owners, procedure f or foreclosing lien, and12 obligation to provide statement of amounts due, to read as follows:13 "(f) Before an association may collect or be awarded attorney's fees, it shall provide:14 H. B. 1221 (SUB) - 1 - 26 LC 49 2719S (1) An initial written notice by certified mail or statutory o vernight delivery to the lot15 owner from the association or its agent identifying any outstanding fines or delinquent16 fees;17 (2) Lot owners with 30 days from the receipt of the notice required under paragraph (1)18 of this subsection to pay such outstanding fines or delinquent fees; and19 (3) An itemized list of reasonable attorney's fees claimed.20 (g) Judges conducting bench trials for an action to recover su ms assessed against a lot21 owner shall review such claims of attorney's fees for reasonabl eness and shall enter an22 order stating whether the attorney's fees were reasonable befor e an association can be23 awarded such attorney's fees."24 SECTION 2.25 This Act shall become effective on July 1, 2026, and shall appl y to all actions filed on or26 after such date.27 SECTION 3.28 All laws and parts of laws in conflict with this Act are repealed.29 H. B. 1221 (SUB) - 2 -