Georgia wrote “community association management services” into its licensing law, and nobody noticed
Georgia wrote “community association management services” into its licensing law, and nobody noticed
2026-09-10 · Georgia · Legislation
What happened. Georgia's real estate licensing statute now speaks directly to community association management for the first time. The change arrived inside a bill known for something else entirely, and has been in force since 1 July 2025.
House Bill 399 is 2025 Ga. Laws Act 315, signed 14 May 2025. Its Section 3 amends O.C.G.A. § 43-40-29(a) — the exemptions from Georgia's real estate broker licensing law.1
The two new exemptions
Verbatim:
“(8.1) Any person employed on a full-time basis by a community association for the purpose of providing community association management services;”
“(12) Any person who is a member of a community association and who provides community association management services only to one community association of which such person is a member;”
A third new paragraph, (13), exempts “[a]ny person who performs only physical maintenance on a property.”
The Act also inserted the phrase “community association management services” into the existing owner and management-company exemptions at § 43-40-29(a)(7) and (8), which previously spoke only of “property management services.”
Why this matters
Georgia is one of the minority of states that licenses community association managers, through the Georgia Real Estate Commission under O.C.G.A. Chapter 43-40. That creates a question every self-managed Georgia association has quietly faced: is our volunteer treasurer practising without a licence?
Paragraph (12) answers it. A board member who collects dues, handles vendors and manages the property for the one association they belong to is expressly outside broker licensure.
Paragraph (8.1) answers the other case: the on-site general manager, lifestyle director or bookkeeper employed by the association itself is exempt, provided the employment is full-time.
The limits, which are precise
Both exemptions are narrow, and the wording matters:
- “Only to one community association of which such person is a member.” A person who helps run two associations — a homeowner who also volunteers for a neighbouring community, or someone who owns in two — is outside paragraph (12) for both.
- “Employed on a full-time basis.” A part-time association employee is outside paragraph (8.1). So is a contractor, who is not employed at all.
- “Physical maintenance” only in paragraph (13). A caretaker who also collects rent or dues is outside it.
The paid third-party manager remains fully inside the licensing requirement, which is as it should be.
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Related Georgia HOA Topics
- House Bill 399 (2025 Ga. Laws Act 315) — signed act text amending O.C.G.A. 43-40-29 and creating 44-7-25 ↩
- “Property manager indicted on 8 felony charges after clients report nearly $600K missing” — 11Alive (syndicated), 16 March 2026 ↩
- Real Estate Legislation and rule changes — Georgia Real Estate Commission ↩
- Senate Bill 406, as passed (26 LC 49 2879S) — signed copy, Office of the Governor ↩
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