2026-09-10 · Georgia · Compliance

What happened. From 1 January 2027, a Georgia owners' association that wants to levy fines, charge fees, record liens or foreclose has to be on a state register. New O.C.G.A. § 43-17A-2, created by the Georgia Property Owners' Bill of Rights Act, puts that register in the hands of the Secretary of State.¹

This is a filing obligation, not a licence examination — but it comes with an inspection power and a records duty that most Georgia associations are not currently in a position to satisfy.

What goes in the filing

Section 43-17A-2(a)(3) requires an association to file a copy of its governing documents together with a registration statement on a form the Secretary of State prescribes, signed by an authorised officer or representative. The form must at a minimum require:

• the name, address and officers of the association; and
• a financial statement dated no more than one year prior to filing.

“Governing documents” is defined at § 43-17A-1(3) as the association's declaration, bylaws, articles of incorporation, and any rules and regulations established by its board of directors. Board-adopted rules are therefore part of the public filing, not just the recorded instruments.

The fee, the clock and the 30-day rule

Three mechanical provisions that will generate most of the early compliance failures:

• § 43-17A-2(e): the fee for the initial registration statement and for each annual renewal is $100.00.
• § 43-17A-2(c): each registration statement expires on 31 December of each year, and the association must submit a renewal application by that date containing the same information.
• § 43-17A-2(d): on a change in name, address, officers, “or other change which materially affects the business and control” of the association, it must file an amended registration statement within 30 days.

The 30-day amendment rule bites hardest at the ordinary annual election. A Georgia association that elects new officers each spring has a filing obligation each spring, and the statute supplies no definition of what change “materially affects the business and control” of an association.

Authorised on filing, not on approval

One provision cuts the association's way, and it is easy to miss. Section 43-17A-2(b) provides that the association “shall be authorized to operate immediately upon the filing of the registration statement… unless and until the Secretary of State finds grounds for denial,” and that “the date of such filing shall constitute the effective date of the registration statement.”

There is no waiting period and no approval queue. An association that files on 2 January 2027 is registered on 2 January 2027.

1. Senate Bill 406, as passed (26 LC 49 2879S) — signed copy, Office of the Governor ↩
2. Summary of General Statutes Enacted at the 2026 Session, Office of Legislative Counsel (Act 715; SB 406) ↩