2026-09-10 · Georgia · Legislation

What happened. The Georgia Property Owners' Bill of Rights Act is being described everywhere as making state registration mandatory for community associations. The first sentence of new O.C.G.A. § 43-17A-2(a)(1) says exactly that. It is not the whole provision.

The enacted text creates a defined escape route, and then — in the chapter's own definition section — lifts the associations that take it out of the chapter altogether.¹

The election, verbatim

Section 43-17A-2(a)(2) opens with the penalty for not registering, but it opens conditionally: subparagraph (A) begins “Subject to subparagraph (B) of this paragraph…” Subparagraph (B) then reads:

“(i) An entity that would otherwise constitute an owners' association may by written notice to the Secretary of State elect not to register under this chapter as an owners' association or otherwise to comply with this chapter and thereby shall be deemed a nonregistered owners' association.

(ii) No nonregistered owners' association or its agent shall assess or collect fines or fees or accelerated assessments against any owner.”

The phrase “or otherwise to comply with this chapter” is doing a great deal of work. The election is not merely an election not to file. On its face it is an election not to comply with Chapter 17A.

The definition that completes the circuit

Chapter 17A operates almost entirely on the defined term “owners' association.” Section 43-17A-1(6) defines it — and closes with a proviso:

“provided, however, that such term shall not include nonregistered owners' associations.”

A matching definition appears at § 43-17A-1(4): a “nonregistered owners' association” is “an owners' association that elects not to register with the Secretary of State pursuant to subparagraph (a)(2)(B) of Code Section 43-17A-2.”

Because the records-retention duty, the examination power, the complaint and hearing process, the twelve owner rights in § 43-17A-7 and the payment-priority rules in § 43-17A-8 are all written against “owners' associations,” an association that elects out appears to fall outside every one of them.

Two penalties that are not the same penalty

Read the two consequences side by side, because the difference is the whole point.

Failing to register — § 43-17A-2(a)(2)(A): no association or its agent “shall collect fines or fees against any owner, or file or record liens or initiate foreclosure proceedings against any lot.”

Electing not to register — § 43-17A-2(a)(2)(B)(ii): no nonregistered association or its agent “shall assess or collect fines or fees or accelerated assessments against any owner.”

Clause (B)(ii) says nothing about liens or foreclosure. And clause (A), which does, is expressly made subject to (B) and is written against “owners' associations” — a term that excludes nonregistered ones.

1. Senate Bill 406, as passed (26 LC 49 2879S) — signed copy, Office of the Governor ↩
2. Senate Bill 406, superseded draft (26 LC 44 3299ER) — Georgia General Assembly ↩