HB1219: HB1219 Property; require new property owners' associations to be subject to Georgia Property Owners' Association Act

Right now, Georgia's Property Owners' Association Act (O.C.G.A. Article 6 of Chapter 3 of Title 44) only applies to property that owners voluntarily submit to it. This bill would change that so any homeowners association created on or after July 1, 2026 is automatically covered by the Act, regardless of whether the property was submitted to it. Associations that already existed before that date would have to hold a members' meeting to vote on whether to opt into the Act. The bill also creates a brand-new legal process for terminating a property owners' association altogether. A petition signed by 20 percent of voting members can force a vote on a termination plan, which then needs superior court approval. It sets up a termination trustee to wind down the association's finances and property, protects members from personal liability for the association's debts beyond their own assessments, and creates civil penalties, including fines up to $5,000, for board members who obstruct the process.

• Makes the Georgia Property Owners' Association Act automatically apply to any homeowners association created on or after July 1, 2026, whether or not the property is submitted to the Act.
• Requires associations that existed before July 1, 2026 to hold a members' meeting and vote on whether the Act will apply to them.
• Creates a new legal process letting a 20 percent petition of members trigger a vote to terminate a property owners' association.
• Requires any plan to terminate an association to be approved by the superior court in the county where the association is located.
• Establishes a termination trustee with powers to sell property, settle debts, and wind down the association's affairs after termination is approved.
• Sets civil penalties up to $5,000 per violation, removal from office, and personal liability for board members who obstruct or conceal information during a termination vote.

Homeowners and property owners who belong to Georgia property owners' or homeowners associations, association boards and officers, developers creating new residential communities after July 1, 2026, and superior courts, which would review termination petitions and plans under the new process.

Homeowners in associations formed after mid-2026 would gain the legal protections and rules of the state Property Owners' Association Act automatically. Existing associations would get a formal, court-supervised path to dissolve, something many currently lack, while board members who block that process could face fines or removal.

• Section 1 revises O.C.G.A. § 44-3-235 so the Act applies to all associations created on or after July 1, 2026, regardless of submission status.
• Section 1 requires associations formed before July 1, 2026 to hold a meeting by their next annual meeting and vote on whether to opt into the Act, requiring majority approval.
• Section 2 creates new Code Section 44-3-236, letting a petition signed by 20 percent of voting members force a board meeting within 60 days on a termination plan.
• Section 2 requires notice of the termination meeting to include the proposed plan, how common areas and assets will be handled, and the voting method.
• Section 2 requires superior court review of an approved termination plan within 45 days, checking for procedural sufficiency before authorizing termination.
• Section 2 appoints the board (or another named party) as termination trustee with powers to liquidate assets, settle debts, and defend or bring lawsuits for the association.
• Section 2 shields members from personal liability for association debts beyond their own assessments and sets civil penalties up to $5,000 for board members who obstruct termination.
• Section 3 repeals all conflicting laws.

1. 2026-02-09House Second Readers (House)
2. 2026-02-06House First Readers (House)
3. 2026-02-05House Hopper (House)

• Regina Lewis-Ward (D, HD-115)Primary sponsor
• Alan Powell (R, HD-033)
• Carolyn Hugley (D, HD-141)
• Gerald Greene (R, HD-154)
• Billy Mitchell (D, HD-088)
• David Wilkerson (D, HD-038)

• homeowners associations
• property law
• HOA termination
• property owners' rights