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 that have expressly opted in under §44-3-222 — HOAs without an opt-in clause are governed only by their CC&Rs. In POAA-covered associations, your governing documents define most enforcement procedures, and any deviation by your HOA is itself a legal violation. SB 406 (the Georgia Property Owners' Bill of Rights Act), signed May 12, 2026, brings phased changes: attorney fee reforms take effect July 1, 2026; registration requirements and the higher foreclosure threshold do not take effect until January 1, 2027. Until then, current law applies and the foreclosure minimum remains $2,000 in unpaid assessments.
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 (POAA)). Each right has a specific statute citation you can use in any dispute letter.
Under §44-3-223, HOA fines must be EXPRESSLY AUTHORIZED in the declaration, bylaws, or rules. If the violation cited is not covered in the CC&Rs, or the fine amount is not listed in an adopted fine schedule, the fine has no legal basis — regardless of whether the underlying violation occurred. This is your strongest defense: compare the fine notice to your actual CC&Rs and fine schedule line by line. Also under §44-3-223 (HB 220, 2024): unpaid fines cannot affect your voting rights. Your HOA cannot withhold your right to vote because of an outstanding fine.
O.C.G.A. §44-3-223 (as amended by HB 220, 2024)The Georgia POAA is opt-in: it only applies to HOAs that have expressly recorded a declaration or amendment electing to be governed by the Act under §44-3-222. Many Georgia HOAs — especially older ones — operate under common law and CC&Rs only. If your HOA did not opt in, POAA protections do not apply and your rights come from your governing documents and Georgia common law. Check your declaration's first page for language submitting to the POAA before citing any POAA statute.
O.C.G.A. §44-3-222Fine notice requirements in Georgia are defined by your CC&Rs, not by a state-mandated timeline. The HOA must follow whatever notice, cure, and hearing process your governing documents require — exactly. If your CC&Rs require written notice, a cure period, or a hearing before fines are imposed, skipping any of those steps invalidates the fine. Note: the 10-day written notice in §44-3-223 applies only when the HOA seeks injunctive relief against you — it is NOT the fine notice requirement.
O.C.G.A. §44-3-223; governing documentsGeorgia law limits when an HOA can foreclose on your home for unpaid amounts. CURRENT LAW (through December 31, 2026): HOA cannot foreclose for less than $2,000 in unpaid assessments. EFFECTIVE JANUARY 1, 2027 (SB 406): the threshold raises to $4,000 in unpaid assessments — and fines and fees are expressly excluded from this calculation, so they do not count toward the threshold. If your HOA is threatening foreclosure, verify whether the amount owed meets the applicable threshold and whether it consists of assessments (not just fines).
O.C.G.A. §44-3-232; Georgia SB 406 (effective Jan 1, 2027)Effective July 1, 2026 (the earliest SB 406 provision): your HOA cannot recover attorney fees from you without first providing prior written notice AND an itemized statement of fees. Attorney fees are also subject to judicial review for reasonableness. If your HOA is seeking attorney fees in a dispute filed on or after July 1, 2026, demand the required written notice and itemized statement before paying anything.
Georgia SB 406, Sec. 7 (effective July 1, 2026)Effective January 1, 2027, Georgia HOAs must register annually with the Secretary of State ($100/year). An unregistered HOA loses all authority to collect fines and fees, file or record liens, and initiate foreclosure proceedings. Starting January 1, 2027, verify your HOA's registration status before paying any fine — an unregistered HOA has no enforcement authority.
Georgia SB 406 (effective Jan 1, 2027)Under §44-3-227(c), the association must furnish copies of articles and bylaws 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 identifying the specific records — refusal is a violation of the POAA. SB 406 adds a 10-year financial records retention requirement effective January 1, 2027.
O.C.G.A. §44-3-227(c); §44-3-231(d)The association must hold an annual meeting by the last day of its fiscal year. If the board fails to hold the required annual meeting, lot owners holding 5% of the voting power (or up to 25% as specified in governing documents) can call one. A board that has not held required annual meetings may be acting outside the POAA.
O.C.G.A. §44-3-230When your HOA wants to seek injunctive relief against you (e.g., court order to remove something), it must first provide 10 days' written notice under §44-3-223 (HB 220). This is a procedural requirement for HOA-initiated injunctive relief — it is NOT the fine notice requirement. If your HOA sought an injunction without giving you 10 days' written notice first, that is a procedural violation.
O.C.G.A. §44-3-223 (HB 220, 2024)These activities are protected by Georgia state law. Any HOA rule or fine that prohibits these things is unenforceable.
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 May 12, 2026, but has phased effective dates. Effective July 1, 2026: HOAs cannot recover attorney fees without prior written notice and an itemized statement; fees are subject to judicial review for reasonableness. Effective January 1, 2027: HOAs must register with the Georgia Secretary of State ($100/year) or lose authority to collect fines, file liens, and foreclose; foreclosure threshold raises to $4,000 in unpaid assessments (excluding fines and fees); 10-year financial records retention required. IMPORTANT: Until January 1, 2027, current law applies — the foreclosure minimum is $2,000, not $4,000.
No. Under O.C.G.A. §44-3-223, 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 at an amount not authorized in the fine schedule — the fine has no legal basis. Review the governing document provision cited in your fine notice and compare it to the actual text of your CC&Rs. If the violation is not listed, or the amount exceeds the schedule, cite §44-3-223 in your dispute letter.
Not necessarily. The 10-day written notice requirement in §44-3-223 (HB 220) applies only when your HOA seeks injunctive relief — it is not the fine notice requirement. Fine notice procedures are governed by your CC&Rs, not a state-mandated timeline. Read your CC&Rs carefully to determine what notice your HOA must give before imposing fines. If the HOA deviated from what your CC&Rs require, that is a procedural violation regardless of the 10-day statute.
Georgia provides weaker solar protection than most states. There is no HOA-specific solar statute in Georgia like California's Civil Code §714 or Arizona's §33-1816. The Georgia Solar Easements Act (§44-9-20 et seq.) governs solar easements between neighbors — it does not directly limit HOA architectural review or override CC&Rs that restrict solar. If your HOA denied solar installation, your dispute must be based on whether the CC&R restriction is reasonable, not on a statutory override. Consider consulting an attorney if your HOA is blocking solar.
Current law (through December 31, 2026): your HOA cannot foreclose for less than $2,000 in unpaid assessments. Note that fines and fees are different from assessments — only unpaid assessments (dues) count toward the threshold. Effective January 1, 2027 under SB 406, the threshold raises to $4,000 in unpaid assessments, with fines and fees expressly excluded. If your HOA is threatening foreclosure, verify the amount consists of assessments (not fines), meets the applicable threshold, and that the HOA is registered with the Secretary of State if the action occurs on or after January 1, 2027.
Only if your HOA expressly opted in. Under §44-3-222, the POAA only covers HOAs that recorded a declaration or amendment electing to be governed by the Act. Many Georgia HOAs — particularly older ones — never did this and operate under common law and CC&Rs only. Check your declaration for language expressly submitting to the POAA or referencing §44-3-222. If you cannot find opt-in language, POAA protections likely do not apply and your rights come from your governing documents and Georgia common law.
Get your violation score, find procedural errors under Georgia law, and generate a professional dispute letter citing the exact statutes that apply to your case.
Analyze My Violation — Free →