About this page: This page summarizes Georgia Senate Bill 406 (the Property Owners' Bill of Rights Act) based on the signed enrolled text (LC 49 2879S). Most provisions take effect January 1, 2027. This is not legal advice. For questions about how this law applies to your specific situation, consult an attorney. Where this page refers to your community's governing documents (Declaration, Bylaws), those provisions apply today.
Some provisions of SB-406 apply only to communities that have submitted their Declaration to the Property Owners' Association Act (O.C.G.A. Title 44, Ch. 3, Art. 6). Check your community's governing documents to see whether yours has.
Choose your role to see what applies to you, or scroll to see everything.
What Should I Do Right Now?
- 1 Read Your Rights at a Glance: five protections to know about
- 2 Know the deadline: you have 180 days to file a complaint if the board doesn't follow the process
- 3 Need association records? Submit a records request. The board must respond promptly.
What Should I Do Right Now?
- 1 Verify your Secretary of State registration is current. Without it, the association cannot charge fines or foreclose
- 2 Review the six-step fine process. Skipping any step can make a fine unenforceable
- 3 Set up your 10-year record retention system. A state hearing officer can request these records
What is Senate Bill 406?
Senate Bill 406, also known as the Georgia Property Owners' Bill of Rights Act, was signed into law on May 12, 2026. It takes effect on January 1, 2027.
This law creates new protections for homeowners who live in communities governed by a Homeowner Association. It also creates new responsibilities for the boards that run those associations.
The goal is straightforward: make sure homeowners know their rights, and make sure boards follow a fair process when enforcing the community's rules.
This page explains what the law requires from both sides (the board and the homeowner) so everyone in your community is on the same page.
Key Numbers to Know
Registration with the Georgia Secretary of State
To be considered a Homeowner Association, your community must register.
What to file:
- A registration form with your association's name, mailing address, and a list of all current officers
- A complete copy of your governing documents (your Declaration of Covenants, Conditions, and Restrictions, your Bylaws, and your Articles of Incorporation)
- A financial statement from the past 12 months
- Fee: $100 per year
- Deadline: Renew before December 31 each year
- If your officers, name, or address change, file an update within 30 days
How to register: sos.ga.gov/page/hoa-act-bill-rights
If the association does not register: The association loses the legal authority to charge fines, place liens on properties, or foreclose. The association can still enforce community rules through other means, but these primary enforcement tools are no longer available.
What the Secretary of State Can Do If the Board Does Not Comply:
- Deny, suspend, or revoke the association's registration, which removes the authority to collect fines, place liens, or foreclose
- Limit the fines or fees the association is allowed to collect
- Bar individual board members (officers, directors, or trustees) from serving on any Homeowner Association board in Georgia if the Secretary of State finds it is in the public interest
These are not theoretical consequences. The Secretary of State's office has the legal authority to take these actions under Senate Bill 406.
Your Rights at a Glance
As a homeowner in a Georgia community governed by a Homeowner Association, you have these protections starting January 1, 2027:
Right to See the Records
You can ask to see your association's records, including balance sheets, budgets, profit and loss statements and bank statements from the last three years, by putting your request in writing. The board must respond promptly and provide the requested documents in a reasonable time.
Read more ↓
Right to Fair Notice Before a Fine
Before the board can fine you, they must send you a written notice citing the specific rule, describing the issue, and giving you time to fix it.
Read more ↓
Right to File a Complaint
If the board did not follow the proper process, you can file a complaint with the Georgia Secretary of State within 180 days. Fines are automatically put on hold.
Read more ↓
Right to Vote
You have the right to vote on governing document amendments and at annual meetings, as noted in your bylaws. (§ 43-17A-7(8))
Right to Fair Billing
Your payments go toward regular dues first, then special assessments, then fines. The board cannot apply your payment to fines while your regular dues are still behind. (§ 43-17A-8)
Read more ↓
Violations & Fines
The board must follow 6 specific steps before any fine can be charged. If they skip a step, the fine may not hold up, and you can file a complaint with the state.
Board's Responsibilities and Rights
Before Charging a Fine
Starting January 1, 2027, Senate Bill 406 requires the board to follow specific steps before any fine can be charged. Skipping any step could make the fine unenforceable and could result in a successful complaint to the Secretary of State.
Step 1: Check your governing documents
Fines must be specifically listed as allowed in your Declaration of Covenants, Conditions, and Restrictions, your Bylaws, or your community rules. If fines are not listed, the board cannot charge them, no matter what the violation is.
Step 2: Send a written notice
The notice must include:
- The exact rule or covenant the homeowner is accused of violating (cite the specific section)
- A clear description of the issue
- The cure period: the number of days the homeowner has to fix the problem (the board sets this number based on your governing documents or board policy)
- Whether your governing documents give the homeowner the right to a hearing before a fine
How to deliver the notice:
- For delinquent accounts and collections matters, certified mail or statutory overnight delivery is recommended. Under § 44-3-235(f), effective July 1, 2026, for communities under the Property Owners' Association Act. Your community's governing documents may have their own delivery requirements.
- For violation notices, check your governing documents. If they allow electronic delivery (email), that may be acceptable. If they are silent on the topic, or if you want the strongest legal footing, send the notice by certified mail or statutory overnight delivery
- Keep proof of delivery, such as a certified mail receipt, a delivery confirmation, or a read receipt if sent electronically
- Tip: When possible, send the notice both ways: email for speed and certified mail for the record
Step 3: Wait for the cure period to end
Do not charge any fine until the cure period has passed. If the homeowner fixes the issue, close the matter and document that it was resolved.
Step 4: Hold a hearing (if required)
If your governing documents require a hearing before fines, hold one and record the outcome before charging the fine. Keep minutes of the hearing.
Step 5: Assess the fine
If the violation was not fixed, the cure period has passed, and a hearing was held (if required), the board may charge the fine. Send written notice of the fine amount.
Step 6: Keep records for at least 10 years
Keep all notices, proof of delivery, photos, correspondence, hearing minutes, and fine records for a minimum of 10 years. Senate Bill 406 will require it starting January 2027, and a state hearing officer may review these records if a homeowner files a complaint.
Consequences for the Board If These Steps Are Not Followed
- The fine may be unenforceable, and a homeowner can challenge it
- A homeowner can file a complaint with the Georgia Secretary of State within 180 days
- During the complaint process, the board cannot collect the disputed fines. This hold is automatic
- The Secretary of State appoints a hearing officer who investigates and can hold a formal hearing
- The hearing officer issues binding findings. Both sides have 15 days to comply
- If the board does not comply within 15 days, the hearing officer, the homeowner, or the state can bring the matter to court
- If the association appeals and loses, it pays the homeowner's court costs
- In serious or repeated cases, the Secretary of State can suspend or revoke the association's registration, limit the fines it can collect, or bar individual board members from serving on any Homeowner Association board in Georgia
Your community's governing documents: During board onboarding, confirm whether your documents require a hearing before fines and whether they allow electronic notice delivery. If unsure, consult an attorney.
Homeowner's Responsibilities and Rights
What Happens If You Receive a Violation Notice
A violation notice means the board believes there may be an issue with your property or your use of a community rule. It is not a fine. It is a notice that gives you time to address the situation.
What the notice should include:
- The specific rule or section of your community's governing documents that the board believes was violated
- A description of the issue
- The number of days you have to fix it (the "cure period")
- Whether your governing documents allow you to request a hearing before any fine
What to do when you receive a notice:
- Read the notice carefully. Make sure it cites a specific rule, not just a general complaint. If it does not, you can ask the board to clarify which provision applies.
- Decide whether to fix the issue. If you agree with the notice, you have until the cure period ends to address it. If you fix the issue, the matter is closed. Keep a copy of the notice and any proof of what you did (photos, receipts, correspondence).
- If you disagree with the notice, contact the board through the Contact page or send an email. Ask questions, provide your side of the situation, and keep copies of your communication.
- If your governing documents require a hearing before fines, you can request one during the cure period. The board must hold the hearing and record the outcome before any fine is charged.
What happens at each stage:
- During the cure period: No fine can be charged. This is your time to address the issue or respond to the board.
- If you fix the issue before the deadline: The matter is closed. No further action.
- If the deadline passes without a fix: The board may take the next step: a hearing (if required by your governing documents) or a fine (if fines are authorized in your governing documents).
- If a fine is charged: It will appear on your account. Your regular dues are always applied before fines when you make a payment.
- If you believe the process was not followed: You can file a complaint with the Georgia Secretary of State within 180 days. Fines related to your complaint are automatically put on hold while the state reviews it.
How notices are delivered:
- For delinquent accounts and collections, check your community's governing documents for delivery requirements. If your governing documents are silent, certified mail or statutory overnight delivery provides the strongest proof of delivery.
- For violation notices, the delivery method depends on your community's governing documents. Some allow email; others require physical mail.
- If you receive a notice by email, you may want to confirm receipt so there is no dispute about whether you were notified
Records & Financial Transparency
Homeowners can request financial records in writing and the board must respond. Payments go toward dues first. The board cannot apply your money to fines while you still owe dues.
Board's Responsibilities and Rights
Records You Must Keep
Keep these records for at least 10 years:
- Dues and assessment collection history for every household
- All fine and fee records, along with the notices that were sent
- Proof of delivery for all notices (certified mail receipts, delivery confirmations)
- Any liens filed or released
- Foreclosure records and related correspondence
- Budgets, balance sheets, and profit and loss statements
- Bank statements (homeowners can request the last 3 years)
When a homeowner asks in writing to see the association's records, respond promptly and provide the requested documents in a reasonable time. The records they can request include: balance sheets, budgets, profit and loss statements, and bank statements from the last 3 years.
Payment order (required by law, effective January 1, 2027):
When a homeowner makes a partial payment, the board must apply it in this order:
- Regular dues (until they are current)
- Special assessments (until current)
- Other specific assessments (until current)
- Fines and other fees
The board cannot apply a homeowner's payment to fines first while their regular dues are still behind.
Homeowner's Responsibilities and Rights
Your Right to See Association Records
You can ask to see your association's records, including balance sheets, budgets, profit and loss statements and bank statements from the last three years, by putting your request in writing. The board must respond promptly and provide the requested documents in a reasonable time.
Submit your request through the Contact page.
When you make a payment, it goes toward your regular dues first, then special assessments, then fines. The board cannot apply your payment to fines while your regular dues are still behind.
If you believe the payment order was not followed, you can file a complaint with the Georgia Secretary of State.
Foreclosure Protections
If you fall behind on assessments, the association may place a lien on your property and pursue foreclosure under the governing documents. The board must give written notice before taking enforcement action.
Board's Responsibilities and Rights
Foreclosure Rules
If your governing documents provide for it, unpaid assessments and enforcement costs create a lien on the property, and the association may pursue foreclosure as Georgia law allows. The board must provide written notice, delivered as your governing documents require, before taking enforcement action. (your governing documents)
Attorney's fees incurred in enforcement may be recovered as provided in the governing documents. (your governing documents)
Consequences for the Board If These Rules Are Not Followed
- A foreclosure that does not comply with the governing documents' notice requirements may be challenged in court
- A homeowner can file a complaint with the Secretary of State if they believe the payment order was not followed
- The Secretary of State can limit the fines and fees the association is allowed to collect
- In serious or repeated cases, the Secretary of State can suspend or revoke the association's registration entirely, removing the authority to collect fines, place liens, or foreclose
- Individual board members can be barred from serving on any Homeowner Association board in Georgia
Homeowner's Responsibilities and Rights
What You Should Know About Foreclosure
Under your community's governing documents:
- Unpaid assessments and enforcement costs may create a lien on your property (your governing documents)
- The association must provide written notice, delivered as the governing documents require, before pursuing foreclosure (your governing documents)
- You can challenge a foreclosure that did not follow the notice requirements in the governing documents
- Attorney's fees incurred in enforcement may be recovered as provided in the governing documents (your governing documents)
- If you believe the board did not follow the proper process, you can file a complaint with the Georgia Secretary of State within 180 days (§ 43-17A-5(a))
State Complaint Process
You have 180 days to file a complaint with the Secretary of State. Once filed, fines are automatically put on hold while the state reviews your case.
If you believe your Homeowner Association did not follow its own rules or violated your rights under Senate Bill 406, here is how the state process works:
- File a written complaint with the Georgia Secretary of State within 180 days of the incident
- A hearing officer is assigned to investigate your complaint
- While the complaint is being reviewed, the association cannot collect fines or fees related to your complaint. This hold is automatic
- The hearing officer reviews the association's records (notices, delivery receipts, hearing minutes, and fine documentation) and may hold a formal hearing
- The hearing officer issues binding findings. These are decisions, not suggestions
- Both sides have 15 days to comply with the decision
- If the association does not comply within 15 days, the hearing officer, you, or the state can bring the matter to court to enforce it
- Either side can appeal to court within 20 days of the decision
- The side that does not prevail on appeal pays the other side's court costs
What the Secretary of State Can Do on Behalf of Homeowners
- Deny, suspend, or revoke an association's registration, which removes its authority to charge fines, place liens, or foreclose
- Limit the fines or fees the association is allowed to collect
- Bar individual board members from serving on any Homeowner Association board in Georgia if the Secretary of State determines it is in the public interest
Consequences for Homeowners Who Do Not Comply
- If you fall behind on assessments, the association may place a lien on your property and, after written notice, pursue foreclosure under the governing documents and Georgia law. Check your governing documents and Georgia law for any minimum amount before a lien can be recorded. (your governing documents)
- Unpaid assessments and authorized penalties may be turned over to a collections attorney. The association may recover reasonable attorney's fees as provided in the governing documents. (your governing documents)
- If you appeal a hearing officer's decision to court and lose, you pay the association's court costs. The losing party at the initial hearing pays a $100 administrative fee to the Secretary of State. (§ 43-17A-5(d), § 43-17A-6(e), eff. 1/1/2027)
- The association's lien and foreclosure rights apply to unpaid assessments and enforcement costs as described in the governing documents. (your governing documents)
Hiring a Property Management Company
A management company handles the day-to-day, but the board still governs. Your rights under Senate Bill 406 are the same whether your community is self-managed or professionally managed.
It is completely understandable if your board is considering a property management company. Board members are volunteers with busy lives: families, careers, and other responsibilities. Not every board has the time or expertise to handle everything on its own, and that is perfectly okay.
Here is what to expect:
What a property management company typically does:
- Handles day-to-day operations like collecting dues, coordinating maintenance, and managing vendor contracts
- Sends notices and manages compliance paperwork on the board's behalf
- Helps the board stay organized and meet deadlines, such as the annual Secretary of State registration
- Provides professional guidance on governance, budgets, and enforcement procedures
What stays with the board:
- The board still makes all final decisions. A management company advises and executes, but the board governs
- Homeowner fines, enforcement actions, and rule changes still require board approval
- The association's governing documents still apply; a management company does not replace them
- The board is still accountable for meeting Senate Bill 406 requirements, even if the management company handles the day-to-day work
What homeowners should know:
- Your rights under Senate Bill 406 are the same whether your community is self-managed or professionally managed
- You still have the right to inspect association records, receive proper notice before fines, and file complaints with the Secretary of State
- The management company works for the association. If you have concerns, your board is still your point of contact
Whether your community manages itself or works with a professional, the important thing is that everyone follows the process and everyone knows their rights.
Have questions about Senate Bill 406 or your rights? Reach the board directly.
Contact the Board / Record Request