GeorgiaSB 4062025-2026 Regular SessionSenateWALLET

"Georgia Property Owners' Bill of Rights Act"; enact

Sponsored By: Lee Anderson (Republican), Tonya Anderson (Democrat), Timothy Bearden (Republican), Matt Brass (Republican), Clint Dixon (Republican), Drew Echols (Republican), Frank Ginn (Republican), Chuck Hufstetler (Republican), Donzella James (Democrat), RaShaun Kemp (Democrat), Kay Kirkpatrick (Republican), David Lucas (Democrat), Nan Orrock (Democrat), Chuck Payne (Republican), Freddie Powell Sims (Democrat), Shawn Still (Republican), Carden Summers (Republican), Rick Williams (Republican)

Signed by Governor

JudiciaryGeneral Bill

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Bill Overview

Analyzed Economic Effects

9 provisions identified: 5 benefits, 0 costs, 4 mixed.

Foreclosure safeguards grow, but liens last longer

Beginning January 1, 2027, associations must wait at least 60 days after sending the required notice before foreclosing an assessment lien. Notice must use certified mail or statutory overnight delivery, with return receipt requested, to the lot and any other address designated in writing. It must list the amount due, late charges, and interest; paying before the 60th day after receipt ends the foreclosure right. Foreclosure requires the lesser of $4,000 or 12 months of unpaid regular assessments, but never less than $2,000. Specific assessments, fines, and fees do not count toward that threshold. Liens lapse six years after the assessment's due date, instead of four. Unless governing documents prohibit it, associations can bid up to the lien amount and acquire, hold, lease, encumber, or sell acquired property.

Homeowner payments go toward regular dues first

Beginning January 1, 2027, associations cannot refuse an assessment payment because it is less than the full amount owed. They also cannot assess or collect accelerated assessments. Payments must cover regular dues first until current, then special assessments, specific assessments, and finally other fees and fines. Regular dues fund operations and reserves; special assessments cover nonroutine or capital costs. Specific assessments cover owner-caused repairs or charges tied to violations or nonpayment. Partial payments do not erase the unpaid balance.

Homeowners gain records and meeting rights

Beginning January 1, 2027, owners in covered developments have rights to inspect and obtain association records. They can receive applicable insurance certificates and meeting notices, attend at least annual member meetings, and access common and individually owned property. The law also sets protections involving governing-document changes, foreclosure, director duties and conflict disclosures, household composition, and challenges to discrimination. Applicable state and federal laws, governing documents, and each right's specific limits still apply.

Homeowners gain safeguards against attorney fees

For actions filed on or after July 1, 2026, associations generally must send initial certified-mail notice of unpaid fines or fees. Owners get 30 days after receipt to pay before collection actions or attorney-fee awards. Associations seeking attorney fees must provide an itemized list of reasonable fees before collecting or receiving an award. In a bench trial, the judge must review the fees and state whether they are reasonable before awarding them. These requirements do not apply to emergencies involving public safety or preservation of property.

Renters can seek sealed eviction records

Beginning January 1, 2027, tenants can ask a court to make eviction-case records unavailable to the public. Grounds include winning the case or paying the judgment in full, including interest and costs. Another ground is seven years since a dismissal or judgment, with any judgment paid in full, including interest and costs. A motion and hearing are required, and the court decides whether to grant the request. Sealing does not stop landlords from separately pursuing money still owed.

Association registration brings fees and limits

Beginning January 1, 2027, owners' associations must register with Georgia's Secretary of State or give written notice choosing nonregistration. Registration requires governing documents, association information, and a financial statement dated within one year before filing. Associations pay $100 initially and for each annual renewal; registrations expire December 31. They must report material changes, including changes to names, addresses, or officers, within 30 days. Without registration, associations and their agents cannot collect fines or fees, record liens, or start foreclosure. Nonregistered associations also cannot assess fines, fees, or accelerated assessments.

Homeowners get new association voting rules

Beginning January 1, 2027, associations administering recorded covenants with mandatory membership for every lot owner can join the Property Owners' Association Act. At least 80% of the association vote must approve, and a recorded document must certify the vote and explain submission. Owners then become subject to the Act's applicable rules. Amendment rules generally cannot require more than 80% approval from owners or eligible mortgagees, limiting higher approval barriers. Associations using this new submission route can retain a higher threshold through majority votes by the association and eligible mortgagees within one year of submission; otherwise, it becomes 80%. Developers retain approval rights while owning a lot for sale.

Residents gain complaints process with hearing fees

Beginning January 1, 2027, development residents claiming harm from an association's action or inaction can complain to Georgia's Secretary of State. Written complaints must be filed within 180 days of the alleged conduct; a hearing officer investigates and may hold a hearing. Filing automatically pauses collection from the complainant of fines or fees involved in or related to the complaint. The pause ends when the officer issues conclusions, unless extended for 15 days; it does not cancel charges. Parties have 15 days to satisfy the conclusions before the officer or either party can bring an enforcement action. The nonprevailing party pays a $100 hearing fee, including an association that does not prevail. Participants cannot knowingly give false or misleading material facts or knowingly omit material facts.

State oversight checks owners' association practices

Beginning January 1, 2027, associations must keep assessment, fine, fee, lien, and foreclosure records for at least 10 years. Records must stay at a Georgia office, or the principal office if no Georgia office exists. Associations must notify the Secretary of State of a different records-office address, and state representatives may examine records. When a legal ground applies and action serves the public interest, the state can deny, suspend, or revoke registration. It can also limit fines or fees and bar specified association personnel from serving. Grounds include materially false or incomplete filings, willful violations, disobeying subpoenas or orders, and unpaid filing-fee shortages 30 days after notice.

Sponsors & Cosponsors

Cosponsors

Reynaldo Martinez
Republican • House

Roll Call Votes

All Roll Calls

Yes: 270 • No: 50

Senate vote • 3/31/2026

AGREE TO HOUSE SUBSTITUTE

Yes: 51 • No: 0 • Other: 2

House vote • 3/31/2026

PASSAGE

Yes: 155 • No: 10 • Other: 8

Senate vote • 3/4/2026

ADOPTION OF AMENDMENT #2 BY THE SENATOR FROM THE 5TH

Yes: 11 • No: 40 • Other: 3

Senate vote • 3/4/2026

PASSAGE BY SUBSTITUTE

Yes: 53 • No: 0 • Other: 1

Actions Timeline

Effective Date
1/1/2027
Senate Date Signed by Governor
5/12/2026Senate
Act 715
5/12/2026
Senate Sent to Governor
4/10/2026Senate
House Third Readers
3/31/2026House
House Passed/Adopted By Substitute
3/31/2026House
Senate Agreed House Amend or Sub
3/31/2026Senate
House Committee Favorably Reported By Substitute
3/20/2026House
House Second Readers
3/9/2026House
House First Readers
3/6/2026House
Senate Third Read
3/4/2026Senate
Senate Passed/Adopted By Substitute
3/4/2026Senate
Senate Read Second Time
3/3/2026Senate
Senate Committee Favorably Reported By Substitute
2/26/2026Senate
Senate Read and Referred
1/16/2026Senate
Senate Hopper
1/15/2026Senate

Bill Text

SB 406/AP (v15)
PDF

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