Georgia HOA law: know your rights and your next step

What can I do right now?

1. Check the rulemaking status: The written-comment deadline was November 2, 2026. The Secretary of State noticed hearings for November 4 and 5. Its updated hearing location was Room 307, Paul D. Coverdell Legislative Office Building, 18 Capitol Square SW, Atlanta. Use the state rulemaking page for the latest hearing, adoption, and implementation information.
2. Keep your neighborhood records together: Save your declaration, bylaws, current rules, budgets, notices, account statements, and messages. Ask your board or manager a dated, specific question in writing and keep the response.
3. Follow the state process: Join the Secretary of State's interested-parties list for updates. The state HOA complaint form is available, but the agency says it will not act under the new complaint process until January 1, 2027.

When does it take effect?

The signed Act's Section 9 supplies these dates. The Secretary of State's FAQ describes some Title 44 changes under July 1, while the signed Act and the Georgia Senate's post-signature summary place only Section 7 on that date. For a time-sensitive dispute, use the enacted text and obtain case-specific advice. See Sections 7 and 9 of the Act

Which associations are covered?

The new Title 43 chapter defines an owners' association broadly as a nongovernmental association of participating residential property owners in an area with recorded covenants. It expressly reaches neighborhood, condominium, and other common-interest associations within its definition. An entity may elect in writing to be a nonregistered owners' association, but the Act sharply limits its ability to assess or collect fines, fees, or accelerated assessments. The detailed effect of that election should be checked against the Act and governing documents. A corporate filing is separate from the new HOA registration. Act §§ 43-17A-1–2 · State registration FAQ

Registration and records from 2027

• An association seeking the statutory powers to collect fines or fees, file or record liens, or initiate foreclosure must register with the Secretary of State and keep the registration active.
• The filing includes governing documents, the association's name, address and officers, and a financial statement dated within the prior year. The initial and annual renewal fees are $100 each.
• Registration expires December 31 each year. Material changes to name, address, officers, or control require an amended filing within 30 days.
• Records concerning assessments, fines, fees, liens, and foreclosures must be kept for at least 10 years and may be examined by the Secretary of State under the Act.

The Secretary of State says its separate registration portal will be announced closer to January 1, 2027. Check for portal updates · Act § 43-17A-2

Owner rights and association duties

Beginning January 1, 2027, the Act lists rights to inspect and obtain association and accounting records on written demand, including finalized balance sheets, budgets, profit-and-loss statements, and bank statements for the prior three years. It also addresses a relevant insurance certificate on written demand; reasonable meeting notice; an annual members' meeting; access to common areas and one's property subject to lawful documents; director care and conflict disclosures; and protections related to household composition and discriminatory practices. The full wording and applicable governing documents matter. Act § 43-17A-7

Payments, fines, and assessments

The Act directs associations to apply an owner's payments in this order: regular dues, special assessments, specific assessments, then other fees and fines. It also bars refusing a payment merely because it is partial and bars accelerated assessments. These provisions begin January 1, 2027. A partial payment may still leave a balance; keep a record of what was paid and how it was applied. Act § 43-17A-8

Liens and foreclosure

For associations subject to the Property Owners' Association Act, SB 406 revises the judicial foreclosure rule effective January 1, 2027. The statute requires at least 60 days after the specified mailed notice; the notice must identify amounts due and the opportunity to pay. A foreclosure action requires a qualifying assessment lien meeting the lesser of $4,000 or 12 months of regular assessments in arrears, with a $2,000 minimum. Specific assessments and other fines or fees do not count toward that threshold. The Act also lengthens the assessment-lien lapse period from four to six years. These are technical conditions, so residents facing a lien should review the actual notice and obtain legal advice promptly. Act § 44-3-232 as amended

Attorney's fees already effective

For actions filed on or after July 1, 2026, Section 7 generally requires the association or agent to send the lot owner a certified-mail or statutory-overnight notice of outstanding fines or delinquent fees, allow 30 days from receipt to pay, and provide an itemized list of reasonable attorney's fees before collecting or being awarded those fees. The section has an emergency exception. In a bench trial to recover assessed sums, the judge must review the fee claim for reasonableness and enter an order. This section amends the Property Owners' Association Act; it should not be assumed to cover every kind of association or dispute identically. Act § 7

Complaints and appeals from 2027

A resident claiming harm from an association's action or inaction may file a written complaint with the Secretary of State within 180 days of the alleged conduct. The Act provides for investigation, a possible hearing, and conclusions. Filing stays collection of fines or fees that are the subject of the complaint until the hearing officer's conclusion, with a possible short extension; it is not a blanket stay of all dues or foreclosures. The Act also provides court review with deadlines and forum rules. The Secretary of State says complaints may be submitted now but will not be acted on until January 1, 2027. Act §§ 43-17A-5–6 · State complaint instructions

Proposed state rules and public input

The Secretary of State has posted proposed, not final, implementing rules on registration, records, hearings, notice, and board duties. The written-comment period closed November 2, 2026. Hearings were noticed for November 4 and 5, with a location change to the Coverdell Legislative Office Building, Room 307. Check the state's page for subsequent action and final rules. Follow the state rulemaking

Questions neighbors are asking

Does my HOA have to register today?

The new Secretary of State registration system begins January 1, 2027. A corporate filing is a different filing. The agency says it will announce the online registration portal closer to that date. State FAQ

Can I ask to see the budget and bank statements?

SB 406's express right to demand specified association and accounting records begins January 1, 2027. You can ask your board now under your current documents and existing law. Keep the request specific and in writing; the new statute does not make every document public. Act § 43-17A-7

Should I stop paying dues if I dispute a fine?

Do not assume a dispute cancels regular dues or freezes every collection action. Ask for an itemized account, preserve proof of payment, and seek legal help promptly if you receive a lien, foreclosure notice, or court papers. The new complaint stay is limited to fines or fees that are the subject of the complaint and begins with the 2027 provisions. Act § 43-17A-5

Where do I bring a complaint?

Use the Secretary of State's HOA complaint form or its HOA division for current instructions. The state FAQ says complaints can be submitted now but will not be acted on until January 1, 2027. The Act describes a 180-day filing period for alleged conduct under its new process; do not wait for that date if another legal deadline or court notice applies. State FAQ

Can the City Council decide my HOA dispute?

No. The Secretary of State administers the new state system; courts may handle other legal claims. My office can help you locate the right public information and hear how neighborhood issues affect residents, but I cannot overturn a private association's decision.

Practical steps for residents and board members

1. Save your recorded covenants, bylaws, notices, payment ledger, and correspondence.
2. Ask for records in writing, stating exactly which records you need and retaining proof of delivery.
3. If a charge or lien is disputed, identify the dates and amounts, keep paying undisputed regular dues when appropriate, and seek qualified advice before deadlines expire.
4. Board members should review the July attorney-fee procedure now, then prepare governing documents, financial statements, records, and registration plans for January.
5. Use the Secretary of State's official FAQ and proposed-rules page for updates; contact that office about its registration or complaint process.