Georgia

Proposed GA law to limit HOA powers & protect homeowners. Here are the ways how

A proposed Georgia law would limit the powers of homeowner associations in the state.
A proposed Georgia law would limit the powers of homeowner associations in the state. Getty Images/iStockphoto

The Georgia Senate just unanimously passed Senate Bill 406, putting new limits on what homeowners associations can do to residents, including when they can foreclose on your home.

Officially called the “Georgia Property Owners’ Bill of Rights Act,” the bill now heads to the House for consideration before the legislative session ends in early April.

What Is SB 406?

This is the first HOA oversight legislation to get a floor vote in Georgia in several years, and it passed unanimously in the Senate, 53-0.

HOAs would be required to register annually with the Georgia Secretary of State’s office, and violations of the new provisions would enable the office to deny, suspend or revoke HOA registration and limit or stop them from collecting fines, fees or foreclosing on properties.

The provisions:

  • HOAs must pay a $100 fee and submit the previous year’s financial documents. 
  • Registration fees would fund a five-person state review board empowered to investigate homeowner complaints. 
  • HOAs that don’t register will void their ability to penalize residents.

How does SB 406 protect homeowners?

Whether you’re already living in an HOA community or buying into one, this bill changes the rules.

The changes:

  • Foreclosure threshold rises from $2,000 to $4,000 in unpaid association, which excludes fines and fees.
  • Foreclosure can also be triggered if dues go unpaid for more than 12 months and exceed $2,000. 
  • Homeowners gain a formal, non-court path to dispute HOA decisions through the new state review board. 
  • HOAs must retain 10 years of financial documents.

What homeowners need to know

This, along with the other proposed HOA-related changes, are meant to curb the power and reach of Georgia Homeowners Associations and make sure homeowners are treated fairly and reasonably.

  • The bill still has to pass the Georgia House before it becomes law. Crossover day was March 6, and the session ends in early April.
  • SB 406 is one of several HOA-related bills moving through the legislature this session, each targeting different aspects of HOA accountability.
  • If signed into law, it would be the most significant HOA reform in Georgia in years.
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This story was originally published March 7, 2026 at 5:30 AM.

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