2026-09-10 · Georgia · Legislation

What happened. Georgia has made it expensive to bring and lose a website-accessibility lawsuit — and community associations are squarely inside the protected class of defendants.

House Bill 1470 creates new O.C.G.A. § 51-1-58, effective by its own terms: “This Act shall become effective on July 1, 2026, and shall apply to causes of action accruing on or after such date.” Sponsored by Reps. Kelley (16th), Williamson (112th), Efstration (104th) and Oliver (84th).¹

What the statute provides

Subsection (a), verbatim:

“When a civil action brought by a claimant against a person or entity of this state alleging that such person or entity operates a website that violates the federal Americans with Disabilities Act… is adjudicated on the merits against such claimant, involuntarily dismissed at any stage of the civil proceedings, or dismissed based on the claimant's lack of standing, such person or entity shall be entitled to recover the following from the claimant and the claimant's attorney:

(1) Actual damages for disruption of such person's or entity's business or other lost opportunity costs…, or statutory damages of $10,000.00, whichever is greater;

(2) Reasonable attorney fees…; and

(3) Treble damages when, prior to the entry of judgment in the underlying unsuccessful action, the claimant was given written notice of the provisions of this Code section but refused or otherwise failed to voluntarily dismiss such action.”

Subsection (b) sets a two-year limitation period running from entry of judgment in the underlying action. Subsection (c) instructs: “This Code section shall be narrowly construed and shall not be construed to alter or amend any other provision of law.”

Why associations are in scope

A Georgia community association is a “person or entity of this state.” And associations run exactly the kind of web property these claims target:

• owner payment portals;
• document libraries holding declarations, bylaws, budgets and minutes;
• amenity reservation systems;
• architectural-application forms; and
• management-company portals serving many communities at once.

Serial demand letters over website accessibility have been a real cost for Georgia associations and their managers — typically settled for a few thousand dollars because defending costs more.

The trigger that most defendants will miss

The largest remedy is conditional. Treble damages under paragraph (3) require that, before judgment in the underlying action, the claimant was given written notice of § 51-1-58 and refused or failed to dismiss voluntarily.

An association that defends and wins without ever sending that letter recovers the $10,000 and its fees. One that sends it recovers up to three times as much. The letter is the cheapest document in the file.

1. House Bill 1470 (2026) — signed act text creating O.C.G.A. 51-1-58 ↩
2. Watts v. Joggers Run Property Owners Association, Inc., No. 22-13763 (11th Cir. 7 Apr. 2025) — published opinion ↩
3. HUD FHEO enforcement guidance on animal-related reasonable accommodations, 22 May 2026 ↩
4. Senate Bill 406, as passed (26 LC 49 2879S) — signed copy, Office of the Governor ↩