A bill in the state senate could finally curb the powers given to homeowner’s associations in Georgia. Senate Bill 406, introduced by Sen. Josh Brass (R-6th) and five co-sponsors, would require all homeowners associations in Georgia to register annually with the Secretary of State and create a new state board to investigate complaints against HOAs.
The bill, titled the “Georgia Property Owners’ Bill of Rights Act,” would prohibit unregistered HOAs from collecting dues, issuing fines, placing liens, or initiating foreclosures.
What’s Important: Under the bill, HOAs would pay a $100 annual registration fee and submit financial statements to the state. The Secretary of State could deny, suspend, or revoke an HOA’s registration for violations — and could limit or bar the association from collecting fines, fees, or foreclosing on properties.
The annual registration fees would go toward creating a state board to oversee and regulate the state’s HOAs.
The new five-member State Board for Review of Complaints Regarding Property Owners’ Associations would investigate complaints within 90 days. If the board finds potential violations of state or federal criminal law, it must notify the Attorney General and local sheriff within seven days.
How This Affects Real People: The bill would raise the minimum amount required before an HOA can foreclose on a home from $2,000 to $4,000. It would also ban HOAs and their board members from bidding on foreclosed properties.
In addition, the $4,000 minimum could only consist of missed HOA dues payments, not fines, so HOAs would no longer be able to foreclose on your house after levying fines on top of fines.
Homeowners would gain explicit rights to:
- Inspect HOA financial records
- Receive copies of insurance certificates
- Display American flags, political signs, and religious decorations (subject to reasonable time, place, and manner restrictions)
- Install satellite dishes under federal law
What Changed: The bill would add a new chapter to Georgia law regulating professions and businesses, treating HOAs as entities requiring state oversight similar to other licensed industries.
HOAs would be required to keep records related to finances, dues, assessments, fines, fees, liens, and foreclosures for at least 10 years at an office in Georgia.
The Process: The bill has been introduced in the 2025-2026 legislative session. It would need to pass the Senate, then the House, and be signed by the governor to become law.
Appeals of Secretary of State decisions would go to the superior court in the county where the largest portion of the HOA’s development is located.
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