Georgia's HOA law switches on ten days before the legislature returns
Georgia's HOA law switches on ten days before the legislature returns
2026-09-10 · Georgia · Legislation · Pending — not yet law
What is coming. Three dates govern Georgia community-association law between now and the spring, and they arrive in an awkward order.
- 3 November 2026 — the general election. All 236 legislative seats, plus a new Secretary of State who will inherit the registry.
- 15 November 2026 — pre-filing opens under O.C.G.A. § 28-1-17. Twelve days after the election.
- 1 January 2027 — Chapter 43-17A takes effect.
- The second Monday in January 2027 — the General Assembly convenes, under Art. III, Sec. IV, Para. I of the Georgia Constitution.
So Georgia's new community-association statute goes live roughly ten days before the first legislature capable of amending it sits down — and that legislature will be substantially new.
Nothing is pre-filed, and nothing can be
As of today the legislature's own system contains no 2027-2028 session record. There are no pre-filed 2027 Georgia bills of any kind, and there cannot be for another nine weeks. Only members who will be eligible to consider a measure may pre-file, so the first HOA bills of the session will be filed by legislators elected or re-elected twelve days earlier.
Anyone reporting a pre-filed 2027 Georgia HOA bill right now is mistaken.
The only on-record signal from a legislator
Sen. Matt Brass (R-Newnan), who authored SB 406, told The Current GA in April 2026 that the bill “scratches the surface of the problems but establishes a framework for additional regulation in the future,” adding: “I was trying to rein in the bad associations without punishing the good ones.”1
Read that honestly. It is a framework statement, not a bill announcement. In later interviews Brass stayed on the current law, describing the three goals as “more transparency… more accountability, and… fairness,” with no forward-looking remarks.
We could find no Georgia legislator who has publicly announced a specific HOA bill for 2027. What exists is one senator's framing that the work continues, and a set of dead bills with living sponsors.
And no committee is studying it
Georgia's 2026 interim study-committee roster runs to 24 committees covering health care, nuclear power, kratom, foster care, recycling and artificial intelligence. Not one touches homeowners associations, condominiums, housing affordability, property insurance or short-term rentals.
Two resolutions to create one — SR 445 in 2025 and HR 1675 in 2026 — both died. So whatever arrives in January will arrive without a committee record behind it.
The reintroduction shortlist
Because Georgia's biennium reset wiped the board on 2 April 2026, every unpassed bill must be refiled with a new number. These are the concrete candidates, in rough order of plausibility:2
- SB 230 — the condominium insurance deductible cap. The strongest candidate: it already passed the Senate on 4 March 2026 and was favourably reported by House Insurance on 20 March, dying only for want of a floor vote. The market pressure behind it has not eased.
- HB 1221 and HB 1222 — written notice of sums due, and statements of account. Both were favourably reported by substantive committees in February 2026 and never called.
- SB 393 — four hours of board training at state expense. Tabled on Crossover Day without a hearing. The argument for it is far stronger now that volunteer boards face a registration, a ten-year records duty and a statutory payment waterfall.
- HB 1035 — abolishing association foreclosure. Favourably reported 26 February 2026, then never calendared in Rules. Its six sponsors included two Republicans.
- HB 389 — solar access. Shelved in March 2025 “until next year for further work,” and next year never took it up.
- HB 62 — board elections, one vote per lot, minimum board size, contested-election process. Never left committee, and its subject is the clearest remaining gap in the enacted law.
The bill nobody has announced, and the one most likely to be needed
A technical-corrections bill for Act 715. We are labelling this structurally likely, not expected — no legislator has proposed one — but the drafting problems are real, checkable from the enacted text, and each has a constituency that will notice in the first quarter of 2027.
- The registration opt-out. Section 43-17A-2(a)(2)(B) lets an association elect not to register “or otherwise to comply with this chapter,” and § 43-17A-1(6) then excludes nonregistered associations from the defined term the whole chapter runs on. What an elective non-registrant actually forfeits — and in particular whether it keeps lien and foreclosure rights — is unresolved on the face of the statute.
- The arbitration that is not there. The Act's caption promises “binding arbitration.” The phrase appears once, in the caption, and nowhere in the operative text.
- The Section 7 cross-reference. Section 7 opens “Said Code section is further amended” when the preceding section amended § 44-3-235 — which runs only to subsection (c), while the new subsections are lettered (f) and (g). They fit § 44-3-232's existing (a) through (e) exactly.
- The condominium gap. Sections 3 to 7 all amend the Property Owners' Association Act, and § 44-3-235(b) excludes Condominium Act associations from it. Georgia condominiums get the registry and none of the collection relief.
- The records circularity. Section 43-17A-7(1) gives owners a right to bank statements for the past three years, while making the right “in compliance with… the governing documents.”
The implementation risk that is not a drafting problem
Section 43-17A-9 directs the Secretary of State to “adopt such policies, rules, regulations, and procedures as are necessary to implement this chapter.” It carries no deadline.3
As of the Georgia Rules and Regulations site's stated currency date of 2 September 2026, no proposed rule under Chapter 43-17A had been filed. The registration form, the filing portal and the deadline for existing associations to make a first filing all live inside rules that do not exist, for a chapter covering roughly 11,300 associations and 2.5 million residents.
Georgia rulemaking runs through the Administrative Procedure Act, which requires published notice and a comment period. Working back from 1 January, a package not noticed by early autumn is not final on the effective date.
Who will be running it
Not the office that has been building it. Brad Raffensperger is not seeking re-election as Secretary of State; Georgia elects a successor on 3 November 2026, and that person takes office in January — the same month the chapter takes effect, with a complaint desk that opens on day one carrying a 180-day lookback.
The Senate is also losing seniority from exactly the committees where HOA bills live. Seven senators are departing for higher office, including a long-serving Judiciary figure. SB 406 went to Senate Judiciary and passed in seven weeks; its predecessor SB 361 went to Senate Rules and sat for a year without a hearing. In 2027 that referral decision will be the earliest reliable signal of whether a bill is meant to move.
What both sides are saying
Neither has published a 2027 agenda.
The industry lost badly — 1,178 advocates, 16,560 emails, a Capitol Day, a paid media campaign and a veto request, against a 155-10 House vote. CAI's Georgia chapter materials now say the “offseason is when the real groundwork gets laid,” listing stakeholder engagement, coalition building and member mobilisation. No bill named.
The homeowner side has gone quiet since the win. The HOA Alliance called SB 406 “a major victory,” and The WATCH Project's Georgia bill tracker was last updated in February 2026.
What to watch next
In order: a notice of proposed rulemaking from the Secretary of State — the gating document for every Georgia association; pre-filings from 15 November; and the committee to which any 2027 HOA bill is referred. Those three, in that sequence, will tell you more about Georgia community-association law in 2027 than anything anyone says between now and then.
Related Georgia HOA Topics
- “Georgia bill imposes stricter rules on HOA fines, property liens” — The Current GA, 10 April 2026 ↩
- 2026 Composite Status Report, Session Final, Georgia House of Representatives (14 May 2026) ↩
- Senate Bill 406, as passed (26 LC 49 2879S) — signed copy, Office of the Governor ↩
- 2026 Georgia End of Session Report — Community Associations Institute Advocacy ↩
- Georgia Rules and Regulations — currency statement, Georgia Secretary of State ↩
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