Georgia Property Owners’ Bill of Rights Act: New HOA Requirements for Developers in 2027

Key Takeaways

• Georgia’s Property Owners’ Bill of Rights Act creates mandatory HOA oversight beginning January 1, 2027. Developers controlling HOAs should prepare for annual Secretary of State registration, financial reporting, recordkeeping, and owner-access requirements.
• The Act changes HOA collections and foreclosure procedures, creating financial and enforcement risk for developers. New payment priorities, foreclosure thresholds, notice periods, and restrictions on fines and fees may affect developer-controlled communities and unsold inventory.
• Developers should audit HOA governance and compliance before 2027. Multi-community developers should establish portfolio-wide controls for registrations, governing documents, financial records, owner complaints, collections, and regulatory filings.

Beginning January 1, 2027, developers that establish or control homeowners associations in Georgia will face new registration, financial reporting, recordkeeping, collections, and homeowner-access requirements under the Georgia Property Owners’ Bill of Rights Act, O.C.G.A. Title 43, Ch. 17A (the “Act”).¹ Signed into law in May 2026, the Act introduces mandatory oversight of HOAs across the state, affecting approximately one-third of single-family homes and nearly 90% of condominiums and townhomes. While the Act will affect small neighborhood communities, its requirements also have important implications for large-scale community developers.

In master-planned communities, active senior living communities, and even high-rise properties, the developer typically establishes and controls the initial HOA until a certain number of available units are sold, after which control of the HOA is ceded to the homeowners. Until now, communities were treated as creatures of contract, unless the developer opted into statutory oversight. Community developers have had wide latitude for community control in the early stages of a community. The Act transforms community associations from a private, contract-only, opt-in model to one with mandatory administrative oversight.

The Act grants the Secretary of State sweeping authority over HOAs. Specifically, the Act vests the Secretary with the power to examine an HOA’s governing documents and finances, revoke registrations, modify or eliminate fines and fees, and remove officers if it is within the public interest and the Secretary determines the HOA or officer failed to comply with the Act. Accordingly, it is important that all HOA developers take steps before year-end to ensure compliance with the Act. A summary of the Act’s biggest changes is set forth below.

Registration with the Secretary of State

HOAs must register with the Secretary of State and renew that registration each year by December 31. Failure to register results in the HOA losing the ability to assess or collect fines or fees. Developers should be mindful that each active community must file a separate registration, which includes a registration statement, a copy of the community’s governing documents, and a financial statement dated within the past year. Developers should create a plan for yearly registration and designate an officer to ensure its communities are timely registered and renewed.

Moreover, the Act requires developers to file material changes to the name, address, officers, or any other element “materially affect[ing] the business and control” of the HOA with the Secretary of State within 30 days. Large-scale developers with multiple active communities should implement policies to consistently monitor compliance across their portfolio.

Mandatory Payment Application

The HOA must apply all payments from owners to the HOA’s expenses in the following order:

1. Regular assessments or dues until current;
2. Special assessments until current;
3. Specific assessments until current; and
4. Other fees and fines.

HOAs also cannot collect accelerated assessments. Therefore, any HOA collection action or standing policy should be evaluated to ensure proper application of funds to avoid negatively affecting the validity of a claim for dues, fees, or other fines.

Foreclosure Threshold

The Act changes the foreclosure notice period from 30 days to 60 days, and requires that a foreclosure notice to an owner state that paying the outstanding amount prior to the 60th day eliminates the HOA’s right of foreclosure. Developers should ensure their policies are updated to reflect the longer notice window.

An HOA also cannot include specific assessments, fines, or fees in calculating the minimum unpaid dues required for an HOA to file for foreclosure (“foreclosure threshold”). The Act increased the foreclosure threshold to the lesser of $4,000 or 12 months of regular assessments in arrears, but not less than $2,000. This change presents a significant financial consequence, and shifts the burden of unpaid special assessments, fines, and fees to the other homeowners of the HOA and, in the circumstance of unsold lots in large developments, the developer. Developers should adjust their record keeping to differentiate assessments from special assessments, fines, and fees to ensure any foreclosure action is properly supported.

Maintenance of Records

The Act further requires HOAs to maintain their records either within the state or, if they do not have an office in the state, at their principal office for at least 10 years. The Secretary of State has the power to examine an HOA’s governing documents and financial records for the public interest and, as discussed in the next section, property owners also have the right to inspect an HOA’s documents. Developers should take steps now to develop record maintenance systems that retain documents for at least 10 years and ensure those records are stored at the appropriate office.

Owner’s Rights

Under the Act, homeowners have the right to:

• Inspect and obtain copies of HOA records, including accounting records and certificate of insurance for all insurance obtained by the HOA applicable to a potential claim or submitted claim;
• Receive notice of meetings;
• Attend meetings of the HOA, to be called at least annually;
• Access common areas and amenities, subject to governing documents;
• Ingress, egress, and access to their individually owned property;
• Statutory notice of a foreclosure action;
• Amendment of governing documents with thresholds set by applicable law and governing documents;
• Expect good faith performance of the HOA’s board of directors;
• Be free of governing documents that interfere with the freedom to determine household composition; and
• Challenge discriminatory practices as permitted by law.

HOAs will now be required to grant homeowners access to their records, including accounting records, upon written request, subject to the association’s governing documents. Given the emerging nature of this law, it remains to be seen how the law will balance broad statutory inspection rights against any governing documents that limit access. HOAs should be prepared to field requests from homeowners for documentation.

Complaint Process

The Act provides homeowners with new powers to challenge HOA actions. Any property owner claiming harm from an HOA’s action or inaction will be able to file a complaint with the Secretary of State and initiate an administrative hearing. The hearing officer must issue findings of fact and conclusions of law. If the parties fail to comply within 15 days, the hearing officer or any party may bring a legal action to enforce the claim. An administrative complaint automatically prohibits the subject HOA from collecting any fines or fees related to the complaint pending the outcome. Appeals from the administrative proceeding may be taken either to the magistrate court or the superior court of the county where the largest portion of the owners’ development is located.

Given this new risk, developers should bolster their recordkeeping procedures and ensure compliance with the Act. Large-scale developers are at greater risk due to the larger number of homeowners within their communities. Developers should consider engaging counsel before implementation of the Act to assess an HOA’s risk.

Notice Requirements

Finally, the only portion of the Act that took effect on July 1, 2026, requires an HOA to provide written notice of outstanding fines and fees, a 30-day cure period, and an itemized list of attorney’s fees before the HOA can collect attorney’s fees incurred pursuing delinquent homeowners. Developers should ensure any claims include these necessary items, so they are not foreclosed from recovering their attorney’s fees.

What Georgia Developers Should Do Before January 1, 2027

The Georgia Property Owners’ Bill of Rights Act represents a significant overhaul of Georgia’s treatment of community associations. Developers starting new communities should consult with counsel to ensure their policies comply with the Act and are best suited to withstand potential administrative challenges. If you have questions about how the Georgia Property Owners’ Bill of Rights Act might affect your association or development, please contact a member of the AGG Real Estate Litigation team.

[1] Certain notice requirements to collect attorney’s fees went into effect on July 1, 2026.