Georgia Law Sets New Limits on HOA Foreclosures
Senate Bill 406, the Georgia Property Owners' Bill of Rights, was signed by Governor Brian Kemp and is set to take effect in 2027.
Updated on Nov. 12, 2026 in Legislative Policy
Live Poll
Do you trust your homeowners association to treat residents fairly on fees?
Governor Brian Kemp signed Senate Bill 406 into law, creating the Georgia Property Owners' Bill of Rights. Most provisions are scheduled to take effect in 2027.
Why it matters
The law requires homeowner associations to keep their Secretary of State registration active before collecting fees, levying fines, or initiating foreclosures, and provides an administrative complaint process as an alternative to court for Georgia residents in disputes with their associations.
Senate Bill 406 requires associations to keep their Secretary of State registration active to collect fees, levy fines, or initiate foreclosures, and allows disputed charges to be put on hold pending state review. Most provisions are scheduled to take effect in 2027, and the Secretary of State's Office has not yet finalized how enforcement will work.
The players
Brian Kemp
Brian Kemp is the Governor of Georgia who signed Senate Bill 406 into law, and he has overseen state policy on consumer and property matters during his tenure.
Donzella James
Donzella James is a Georgia state senator who raised concerns about predatory homeowner association practices and the use of liens to pursue small debts.
The details
State Sen. Donzella James raised concerns about "bogus liens" and "predatory" HOAs that could seek foreclosure over a $2,000 homeowner debt. Homeowners testifying before a six-member panel described exorbitant charges, questionable accounting, and alleged conflicts of interest, while associations have been accused of blocking rooftop solar panels and native plant lawns.
Timeline
2026: Legislative session in which Senate Bill 406 was passed.
Last week: A six-member panel heard public testimony on the law.
2027: Most provisions of the law take effect.
Political Context
Georgia's Senate Bill 406 follows a pattern of state-level pushback against homeowner association power, similar to Florida, where owners sued over a $13,000 roof charge. Opposition concerns center on whether an administrative hearing process can protect residents without weakening the associations' ability to enforce community rules.
Homeowners in Georgia communities governed by an HOA may be able to challenge disputed fees or fines through an administrative complaint and hearing process instead of going to court. The law also allows disputed charges to be put on hold while the state reviews them, though most protections do not begin until 2027.
The takeaway
Homeowners facing a disputed HOA charge should note that the new process may offer a lower-cost path than court once the law takes effect. Checking whether an association is in good standing with the Secretary of State can also be a useful first step.
What happens next
Most provisions of Senate Bill 406 take effect in 2027, when the Secretary of State's Office is expected to finalize how the new protections are administered.
Further reading
For related coverage of how state lawmakers shape property and community rules, explore Legislative Policy coverage from across Georgia.
Source note: This article includes information reported by The Cool Down.
Live Poll
Do you trust your homeowners association to treat residents fairly on fees?
