Signed Into Law: Georgia Property Owners' Bill of Rights Act — May 12, 2026
SB 406 is now law. HOAs must register annually with the Secretary of State or lose fine authority. Foreclosure threshold raised to $4,000. Most provisions effective January 1, 2027.
Read the complete SB 406 guide →What your HOA can and can't do under Georgia law — with exact statute citations.
The Georgia Property Owners' Association Act (O.C.G.A. §44-3-220 et seq.) governs HOAs across Georgia and sets clear boundaries on HOA power. In Georgia, your governing documents — CC&Rs and bylaws — play a central role in defining your rights, but state law sets important minimums that your HOA cannot override. If your HOA departed from its own documented process, that departure is itself grounds to challenge any fine.
Read our full Georgia HOA rights guide →
These are your enforceable rights under O.C.G.A. §44-3-220 et seq. (Georgia Property Owners' Association Act). Each right has a specific statute citation you can use in any dispute letter.
Under the Georgia POAA, HOA fines must be expressly authorized by the declaration, bylaws, or rules. Your HOA cannot impose fines for violations not covered in the governing documents, and cannot charge amounts not authorized in those documents.
O.C.G.A. §44-3-223Before imposing a fine or taking any enforcement action, your HOA must provide notice of the alleged violation. The specific notice process is governed by your CC&Rs — but the HOA must follow whatever process the governing documents require.
Georgia Property Owners' Association Act (O.C.G.A. §44-3-220 et seq.)Georgia HOAs are legally required to act in strict accordance with their own governing documents. If your HOA deviated from the enforcement process set out in the CC&Rs — skipping a required step, using wrong notice methods, or charging unauthorized amounts — that deviation is itself a violation you can use to challenge the fine.
O.C.G.A. §44-3-223Under §44-3-227(c), the association must keep its articles and bylaws and furnish copies to lot owners on request. Under §44-3-231(d), the association must maintain detailed minutes of all meetings, itemized records of receipts and expenditures, and financial records. Submit a written request to your HOA board identifying the specific records — refusal is a violation of the POAA.
O.C.G.A. §44-3-227(c) (articles and bylaws — copies to owners on request); §44-3-231(d) (minutes, financial records, itemized records)Georgia homeowners have the right to vote on major association decisions as required by the governing documents and the POAA. The board cannot take actions requiring member approval without a proper vote of the membership.
Georgia Property Owners' Association Act (O.C.G.A. §44-3-220 et seq.)IMPORTANT: The Georgia POAA only applies to HOAs that have expressly opted in by recording a declaration or amendment electing to be governed by the Act (§44-3-222). Many Georgia HOAs operate under common law principles only — in that case, the POAA does not apply and your rights come from your CC&Rs and Georgia common law. Check your declaration to verify whether your HOA is a POAA association or a common law association before citing POAA statutes.
O.C.G.A. §44-3-222 (election to be governed by POAA — opt-in required)Under §44-3-223 (as amended by HB 220), your HOA may impose fines but those fines shall not impact your association voting rights. Your HOA cannot suspend or withhold your right to vote in association elections or on major decisions because you have an outstanding fine. This protection is statutory and cannot be waived by your CC&Rs.
O.C.G.A. §44-3-223 (fines shall not impact voting rights — as amended by HB 220)Under §44-3-230, the association must hold an annual meeting by the last day of its fiscal year. If the association fails to hold the required annual meeting, a meeting can be called by lot owners holding 5% of the voting power (or up to 25% as specified in governing documents). A board that has not held required annual meetings may be acting outside the POAA.
O.C.G.A. §44-3-230 (annual meeting requirement; 5%–25% of voting power may call meeting if HOA fails to hold one)Under HB 220 (2025), associations may pursue injunctive relief after providing 10 days' written notice without having to first attempt self-help or other remedies. This is a procedural right under §44-3-223 — if your HOA seeks injunctive relief against you, verify it provided the required 10-day written notice before filing.
O.C.G.A. §44-3-223 (injunctive relief after 10 days' written notice — as amended by HB 220, 2025)These activities are protected by Georgia state law. Any HOA rule or fine that prohibits these things is unenforceable.
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This is the required process under Georgia law. If your HOA skipped any step, the fine may be procedurally defective. Steps marked ⚠️ are the ones HOAs most commonly skip.
The most common questions Georgia homeowners ask about their HOA rights.
SB 406 — the Georgia Property Owners' Bill of Rights Act — was signed into law by Governor Kemp on May 12, 2026. Key provisions effective January 1, 2027: (1) State HOA oversight board under the Secretary of State; (2) Annual HOA registration at $100/year — HOAs that fail to register cannot collect fines, issue liens, or foreclose; (3) Foreclosure threshold raised to $4,000 in unpaid dues (excluding fines and fees); (4) 10-year financial records retention requirement; (5) Secretary of State staff to investigate homeowner complaints. Attorney fee itemization and judicial review provisions take effect July 1, 2026.
No. Under O.C.G.A. §44-3-223 and the Georgia Property Owners' Association Act, HOA fines must be expressly authorized by the governing documents. If your HOA fined you for a violation not covered in the declaration, bylaws, or rules — or charged an amount not authorized in a fine schedule — the fine is not properly authorized under Georgia law. Review the governing document provision cited in your fine notice and compare it to the actual text of your CC&Rs.
Georgia's Property Owners' Association Act requires HOAs to act in accordance with their own governing documents, and the specific notice and cure requirements are defined by those documents. Unlike Florida, which mandates a specific 14-day notice period by statute, Georgia relies primarily on the CC&Rs to define the exact notice and cure process. Review your CC&Rs to determine exactly what notice your HOA was required to give before fining you — if they deviated from that documented process, it's a procedural violation.
Start by reviewing your CC&Rs alongside the fine notice. Verify that (1) the violation is covered in the governing documents, (2) the fine amount is in the authorized fine schedule, (3) you received the notice required by your CC&Rs, and (4) you were given an opportunity to cure as required by the CC&Rs. If any step was skipped, document it and send a written dispute letter citing the specific procedural failure. Reference the exact CC&R section that was violated.
Yes. Under O.C.G.A. §44-3-227(c), the association must keep its articles and bylaws and furnish copies to lot owners on request. Under §44-3-231(d), the association must maintain detailed meeting minutes, itemized records of receipts and expenditures, and financial records. Submit a written request to your HOA board identifying the specific records. If the HOA refuses, document the refusal in writing — it is a violation of the POAA. Note: SB 406 (signed May 12, 2026, effective January 1, 2027) adds a mandatory 10-year financial records retention requirement.
Georgia HOAs are legally required to operate in strict accordance with their own governing documents under the POAA. If your HOA failed to follow the enforcement process set out in the CC&Rs — such as skipping required notice, denying a cure period, or charging unauthorized amounts — you have strong grounds to challenge the fine. Document every step your HOA skipped and send a detailed written dispute letter citing those specific failures. If the dispute is not resolved, mediation or civil court may be appropriate next steps.
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