Georgia homeowners to gain new protections against excessive HOA fees, foreclosure threats

A new Georgia law aims to protect residents from foreclosure threats, excessive fees, and retaliation tied to homeowners associations.

Here's what to know

Most provisions of the Georgia Property Owners' Bill of Rights are scheduled to take effect in 2027. Gov. Brian Kemp signed the measure — Senate Bill 406 — into law after the 2026 legislative session. Now, it's up to lawmakers and state officials to "[iron] out the wrinkles," according to The Current GA and public media outlet WABE.

A six-member panel heard hours of public testimony last week as part of this "ironing" and as the Secretary of State's Office works out how to administer protections and ensure compliance.

During the testimony, homeowners described exorbitant charges, questionable accounting, and alleged conflicts of interest while urging associations to be more transparent. 

SB 406 is set to give owners provisions to hold their homeowners associations — or HOAs — accountable and insist on transparency. 

Associations would need to keep their Secretary of State registration active to collect fees, levy fines, or initiate foreclosures.

Homeowners and associations would also have an alternative to going straight to court to dispute conflicts. Instead, they might file an administrative complaint and enter a hearing process.

Additionally, disputed charges could be put on hold pending state review.

More background

Nicky Buggs, who owns a home in downtown Atlanta's Landmark condo tower, told the panel some longtime residents face foreclosure, according to The Current GA/WABE. She said residents have spent years challenging excessive fees and charges.

State Sen. Donzella James also questioned the association practices behind those fears. During the hearing, she raised concerns about "bogus liens" and "predatory" HOAs that could seek foreclosure over a $2,000 homeowner debt.

Beyond financial disputes, HOA restrictions can also limit what owners do with their properties. Across the country, associations have been accused of blocking money-saving updates such as rooftop solar panels and native plant lawns. 

Where can I learn more?

Georgia homeowners aren't alone in pushing back against HOA charges and enforcement decisions:

• In Maryland, homeowners say challenging an HOA costs $927, putting disputes beyond many residents' budgets.

• Florida homeowners sued their HOA over a $13,000 roof bill after payment preceded a vote.

• A South Carolina HOA demanded mowing a steep hillside, then its survey found it unworkable.

• A Florida HOA demanded owners replace dead swale trees, but residents disputed responsibility.

Get TCD's free newsletters for easy tips, smart advice, and a chance to earn $5,000 toward home upgrades. To see more stories like this one, change your Google preferences here.