SB580: SB580 Property; the minimum amount required for a foreclosure on a lien on a property under the "Georgia Condominium Act" and the "Georgia Property Owners' Association Act"; increase

Under current Georgia law, a condominium association or a property owners' association can foreclose on a unit or lot if the owner owes at least $2,000 in unpaid assessments, after proper notice. This bill would amend both the Georgia Condominium Act (O.C.G.A. § 44-3-109) and the Georgia Property Owners' Association Act (O.C.G.A. § 44-3-232) to raise that minimum threshold to $20,000. The rest of the foreclosure process stays the same: associations must still send notice by certified mail or statutory overnight delivery at least 30 days before foreclosing, the notice must state the amount owed, and superior liens (like mortgages) keep priority. Liens still lapse four years after the assessment first became due. The bill does not include a stated effective date beyond the standard process of becoming law.

• Raises the minimum lien amount needed before a condominium association can foreclose on a unit from $2,000 to $20,000 under O.C.G.A. § 44-3-109.
• Raises the same minimum lien threshold from $2,000 to $20,000 for property owners' associations foreclosing on a lot under O.C.G.A. § 44-3-232.
• Leaves unchanged the 30-day certified mail notice requirement before an association can begin foreclosure.
• Leaves unchanged the four-year lapse period for assessment liens and the protection of superior liens like mortgages.

Condominium owners and homeowners in properties governed by property owners' associations, the associations themselves that seek to collect unpaid assessments, and mortgage lenders whose superior liens remain protected during any foreclosure action.

Owners who fall behind on association dues would be far less likely to face foreclosure over relatively small unpaid balances, since associations could not foreclose until the debt reaches $20,000. Associations would lose an early collection tool for smaller delinquent accounts.

• Section 1 amends O.C.G.A. § 44-3-109 to raise the minimum lien amount required for condominium association foreclosure from $2,000 to $20,000.
• Section 2 amends O.C.G.A. § 44-3-232 to raise the same threshold from $2,000 to $20,000 for property owners' association foreclosures.
• Both sections preserve the existing 30-day notice requirement, protection for superior liens, and four-year lien lapse period.
• Section 3 repeals any conflicting laws.

1. 2026-02-26Senate Read and Referred (Senate)
2. 2026-02-25Senate Hopper (Senate)

• Sheikh Rahman (D, SD-005)Primary sponsor
• Donzella James (D, SD-028)
• Tonya Anderson (D, SD-043)
• Harold Jones (D, SD-022)
• Kim Jackson (D, SD-041)
• Randal Mangham (D, SD-055)
• Jaha Howard (D, SD-035)
• RaShaun Kemp (D, SD-038)
• Derek Mallow (D, SD-002)
• Nikki Merritt (D, SD-009)
• Nabilah Islam Parkes (D, SD-007)
• David Lucas (D, SD-026)
• Ed Harbison (D, SD-015)
• Kenya Wicks (D, SD-034)
• Sally Harrell (D, SD-040)
• Gail Davenport (D, SD-017)
• Emanuel Jones (D, SD-010)
• Michael Rhett (D, SD-033)

• property liens
• condominium law
• homeowners associations
• foreclosure rules