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Two Georgia insurance laws took effect in January — and neither reaches your master policy

Two Georgia insurance laws took effect in January — and neither reaches your master policy
Georgia · Regulation

Two Georgia insurance laws took effect in January — and neither reaches your master policy

What happened. Two Georgia insurance statutes took effect on 1 January 2026. Both matter to homeowners in community associations. Neither, on its text, reaches the association's own master policy — which is where Georgia's actual insurance crisis is.

SB 35: nonrenewal notice doubles to 60 days

Senate Bill 35 is 2025 Ga. Laws Act 277, signed 14 May 2025 with a delayed effective date: “This Act shall become effective on January 1, 2026, and shall apply to all policies issued, [delivered, issued for delivery, or renewed in this state on or] after such date.”1

The substantive change is a single number in Georgia's property-insurance nonrenewal statute: notice “shall not be less than 30 60” days.

The Act also prescribes the mechanics — first-class mail to the last address of record “of the insured and of the lienholder, where applicable,” with a Postal Service receipt or other accepted evidence of mailing.

The limit: the caption and operative language speak to “his or her homeowners' insurance policy” — the individual owner's HO policy. It gives a Georgia homeowner 60 days rather than 30 to replace coverage before nonrenewal bites. It does not give a board 60 days' warning on the association's master policy.

That matters because most Georgia declarations require owners to maintain insurance and permit the association to force-place at the owner's expense. A doubled notice window means fewer owners falling into force-placed coverage.

SB 201: no assignment of benefits after a disaster

Senate Bill 201 is 2025 Ga. Laws Act 71, signed 8 May 2025. Its Section 4 splits the dates: Section 3 effective 1 January 2026, the remainder 1 July 2025.2

Section 2 adds a new § 10-1-393(b)(36) to Georgia's Fair Business Practices Act, making it an unfair or deceptive practice for a contractor who signs with a homeowner “within one year of a natural disaster” to do any of:

“(i) Failing to substantially commence work… within one year…; (ii) Completing all or a portion of the agreed upon services in a substandard manner; (iii) Entering into a contract with the homeowner whereby the homeowner assigned insurance proceeds to the contractor; (iv) Completing services in a manner inconsistent with the state minimum standard codes or accredited industry standards.”

It also creates a statutory five-business-day right to cancel, running from the homeowner's receipt of written notice from the insurer that the claim is not covered, with mandatory boldface disclosure language and a detachable cancellation form.

Section 3 — the January 2026 piece — binds the insurers: “No insurer shall sell homeowner's insurance policies that allow for the assignment of proceeds to a contractor within one year of a natural disaster which causes damage to the insured's residential property.”

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The definition that leaves associations out

SB 201 defines “residential property” as “real property used or occupied as the primary residence of a natural person.”

An association's clubhouse, pool house, entrance feature or condominium common-element roof is not a natural person's primary residence. So on the face of the statute, a Georgia board signing a post-hurricane roofing contract for common property appears to be outside both the assignment-of-benefits ban and the five-day cancellation right.

Individual owners inside the community are protected. The association buying the same repairs, from the same contractor, in the same week, is not.

To be clear, this reading is ours from the statutory text. No Georgia court, Attorney General opinion or Insurance Commissioner bulletin has addressed it, so it is untested and no substitute for advice.

What a board can do anyway

The protections may not apply, but the practices they encode are sound, and a Georgia association can adopt them by contract:

  • Never assign insurance proceeds to a contractor. Write it into the association's own contracting policy. The assignment is the mechanism the legislature identified as the problem.
  • Build in a cancellation window. Give the association the five business days from a coverage denial that the statute gives homeowners.
  • Require a commencement deadline. One year is the statutory marker; a contract can set far less.
  • Specify code compliance. Georgia adopted the 2024 editions of its building, residential, fire, mechanical, plumbing, fuel gas and swimming pool codes effective 1 January 2026, so a contract specifying “applicable codes” now means the 2024 family with the 2026 Georgia Amendments.

Where the actual crisis is, and what Georgia did about it

Nothing. That is the story these two acts frame.

Georgia condominium associations report master-policy renewals ranging from routine to multiples of the prior premium on older or claims-heavy buildings, and insurance now consumes a substantial share of condominium operating budgets. Against that:

  • The one bill that addressed it died. SB 230 would have removed the cap in O.C.G.A. § 44-3-107 on the deductible a condominium association may charge a single unit owner — currently $5,000. It passed the Senate on 4 March 2026, was favourably reported by House Insurance on 20 March, and never reached the House floor before sine die on 2 April.
  • The Insurance Commissioner issued nothing. Every bulletin from the Office of Insurance and Safety Fire Commissioner in the 2025-2026 window is health-insurance or tax-credit administration. None addresses property insurance, condominium master policies, HO-6 coverage, wind or hail deductibles, or association fidelity and directors' and officers' cover.3
  • The binding rules came from Washington. Fannie Mae's Lender Letter LL-2026-03 and Freddie Mac's Bulletin 2026-C, both issued 18 March 2026 in alignment, cap the per-unit master-policy deductible at $50,000 from 1 July 2026, require the master policy to provide 100% of replacement cost value (roofs excepted from the replacement-cost basis), and require documented HO-6 coverage where a per-unit deductible exists.4

The squeeze, stated plainly

A Georgia condominium board sits between two ceilings doing different work. State law caps at $5,000 what it may charge one owner; exceeding that is unlawful. The GSEs cap at $50,000 what the master policy may carry per unit; exceeding that makes the units unfinanceable.

Between the two sits a gap the association absorbs and spreads across all owners through assessments. Georgia's legislature was asked to narrow it and did not.

The one lever Freddie Mac expressly permits is worth knowing: condominium HOAs, PUDs, ground-lease communities and cooperatives may purchase deductible buy-back policies to meet the deductible requirement — converting an unpredictable exposure into a budgeted premium.

What the new association statute adds

One useful right. From 1 January 2027, § 43-17A-7(2) entitles an owner, on written demand, to a copy of the association's certificate of insurance for coverage obtained for the owner's benefit “that may apply to a potential claim or submitted claim.”5

The words “potential claim” matter. An owner can establish what the master policy covers and what the deductible is before a loss, rather than after — which is exactly the information whose absence produced a certified class action against a Georgia condominium association this year, over a balcony assessment levied without any claim being submitted.

What to watch next

Whether SB 230 returns in 2027 — it is the strongest candidate on the reintroduction list, having already cleared a chamber and a committee — and whether Georgia's next Insurance Commissioner, elected 3 November 2026, says anything at all about condominium master policies. The silence to date is itself a fair question for the campaign.

Related Georgia HOA Topics

← All Georgia HOA Topics

  1. Senate Bill 35 (2025 Ga. Laws Act 277) — signed act text, nonrenewal notice
  2. Senate Bill 201 (2025 Ga. Laws Act 71) — signed act text, post-disaster contractor practices
  3. Bulletins index — Georgia Office of Insurance and Safety Fire Commissioner
  4. Freddie Mac Single-Family Seller/Servicer Guide Bulletin 2026-C (18 March 2026)
  5. Senate Bill 406, as passed (26 LC 49 2879S) — signed copy, Office of the Governor

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