Georgia homeowners' associations are preparing for one of the biggest regulatory changes in years after Governor Brian Kemp signed the Georgia Property Owners' Bill of Rights Act (SB 406) into law. The legislation introduces new rules designed to improve transparency, strengthen homeowner protections, and increase accountability for HOAs across the state. Most provisions take effect on January 1, 2027, while certain attorney-fee requirements became effective on July 1, 2026.

Under the new law, homeowners living in HOA-governed communities will gain expanded rights, including greater access to financial records, annual meeting information, governing documents, and association insurance details. The legislation also establishes a formal complaint process through the Georgia Secretary of State, giving homeowners a new avenue to challenge alleged violations by their associations.

The law also places new responsibilities on homeowners' associations. Beginning in 2027, HOAs will be required to register annually with the Secretary of State, submit financial information and governing documents, and maintain records for at least 10 years. Associations that fail to register could lose the authority to collect fines, place liens on properties, or initiate foreclosure proceedings until they comply with the new requirements.

Another significant change affects HOA collections. The legislation raises the minimum delinquency threshold before an HOA can pursue foreclosure and requires additional notice before attorney's fees can be assessed against homeowners. Lawmakers say these reforms are intended to better protect property owners while ensuring associations continue to operate effectively.

For Georgia real estate professionals, the new law will make HOA governance more transparent and may provide buyers with greater confidence when purchasing homes in planned communities. Agents working with buyers and sellers should become familiar with the upcoming requirements, as HOA rules, disclosures, and compliance will likely become a more important part of residential transactions throughout the