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Georgia Property Owners’ Bill of Rights Act: What’s new and when it takes effect

5/18/26

By: Cameron Kline and Ali Sabzevari

During the 2026 legislative session, the Georgia General Assembly passed Senate Bill 406 titled the “Georgia Property Owners’ Bill of Rights Act”. On May 12, 2026, Governor Kemp signed Senate Bill 406 into law. This new law makes numerous and substantial changes to the relationship between homeowner associations and residents of homeowner associations under Georgia law.

For starters, homeowner associations will now be required to be registered with the Georgia Secretary of State. Specifically, this new law mandates that no person may operate  a homeowners association in Georgia unless registered with the Secretary of State. If a homeowner association fails to register with the Secretary of State, then that association forfeits its ability to collect fines or fees, file/record liens or initiate foreclosure. Under this new regulatory scheme, registrations expire December 31 annually and renewals are due by that date.

Possibly the most consequential change that comes with this new oversight by the Secretary of State’s office is the new administrative procedures established for disputes between residents and homeowner associations. In particular, this new law establishes that any person residing in a homeowners’ association who claims damage by the association’s action or inaction may soon be able to file a written complaint with the Secretary of State. Any complaint must be filed within 180 days of the alleged conduct. Once a complaint is filed with the Secretary of State, a hearing officer will then handle these administrative proceedings. The hearing officer will be responsible for investigations of the issues raised in the complaint. A hearing officer may, in their sole discretion, also order a hearing with notice to complainant and the respondent association.

At the conclusion of an investigation the hearing officer then will issue findings and conclusions. Immediately upon the conclusion of any hearing, the hearing officer will be required to report their findings and render conclusions in the case. Parties will then have 15 days to satisfy the conclusions rendered by the hearing officer. If the parties fail to satisfy the conclusions within the prescribed 15 days, then the hearing officer, complainant, or respondent may bring an action to enforce the claim. Importantly, under this new administrative procedure it is expressly established that it shall be unlawful to knowingly make written or oral false or misleading material statements or omit material facts in connection with any hearing under this new law. Filing a complaint will also automatically stay an association’s collection or attempted collection from the complainant of any fines or fees that are the subject of or related to the complaint. This stay expires upon the hearing officer’s conclusions but may be extended 15 days after conclusions. The nonprevailing party must pay a $100 administrative service fee by order of the Secretary.

Appeals from hearing officer decisions may be taken by adversely affected persons to the magistrate court (if within its jurisdictional amount) or otherwise to the superior court of the county where the largest portion of the owners’ development is located. Appeals require serving the Secretary of State within 20 days with a de novo petition stating the order appealed, grounds for reversal/modification, and demanding a certified transcript. Upon receipt of the petition for review, the Secretary must then deliver a certified transcript within ten days (at appellant’s cost). The petition, along with the certified transcript, will then constitute the appellant’s complaint which will be entered on the trial calendar for the superior court. If the Secretary of State’s decision is reversed, then the superior court must specifically direct the Secretary of State as to future action which must be taken. Magistrate court decisions may be further appealed to the superior court. The nonprevailing party must pay the prevailing party’s court costs, if any.

In conclusion, the Georgia Property Owners’ Bill of Rights Act creates a seismic change in HOA law in Georgia by introducing a structured hearing, complaint, and appeal processes under the Secretary of State’s office. The majority of the Georgia Property Owners’ Bill of Rights Act becomes effective January 1, 2027. The exception to this effective date being Section 7 of Senate Bill 406, which addresses attorney’s fees prerequisites and judicial review for reasonableness, which becomes effective July 1, 2026, for actions filed on or after that date. Associations should coordinate with counsel to update compliance calendars, policies, governing documents, collection workflows, and owner-facing procedures ahead of these effective dates.

For more information on this topic contact Cameron Kline, Ali Sabzevari or your local FMG attorney.

Information conveyed herein should not be construed as legal advice or represent any specific or binding policy or procedure of any organization. Information provided is for educational purposes only. These materials are written in a general format and not intended to be advice applicable to any specific circumstance. Legal opinions may vary when based on subtle factual distinctions. All rights reserved. No part of this presentation may be reproduced, published or posted without the written permission of Freeman Mathis & Gary, LLP.