Georgia's Property Owners' Bill of Rights protections are now in effect
SB 406's first wave of homeowner protections took effect July 1, with HOA registration requirements to follow in 2027.
The first wave of protections under Georgia Senate Bill 406 — the Georgia Property Owners' Bill of Rights Act, signed by Gov. Brian Kemp earlier this year — took effect on July 1, 2026.
What changed on July 1
Before an association can collect attorney's fees from a homeowner, it must now send written notice by certified mail that identifies any outstanding fines or delinquent fees, give the homeowner 30 days to pay, and provide an itemized list of the attorney's fees claimed. In bench trials, judges must review attorney's-fee claims for reasonableness and enter a formal order before any such fees can be awarded.
Other key provisions
The act also prohibits associations from refusing any payment from an owner and from collecting accelerated assessments — that is, demanding future dues early. And in a significant structural change, every HOA in Georgia will be required to register with the Secretary of State's office and submit its governing documents along with a financial statement; the registration requirements take effect in January 2027 to give the Secretary of State's office time to stand up the program.
What boards should do now
Georgia boards and managers should update collection policies and counsel engagement letters immediately — the certified-mail notice, 30-day cure window, and fee itemization are prerequisites to recovering attorney's fees today, not next year. Registration preparations can follow on a longer runway, but associations should begin assembling governing documents and financial statements ahead of the January 2027 requirement.