Georgia is different from most states in one big way: its main HOA statute is opt-in. The Georgia Property Owners' Association Act (POAA), O.C.G.A. §§ 44-3-220 to 44-3-235, governs a community only if its recorded declaration affirmatively elects to be covered. Communities that never opted in run on their recorded covenants plus the Georgia Nonprofit Corporation Code (Title 14, Chapter 3). Condominiums fall under the separate Georgia Condominium Act (O.C.G.A. § 44-3-70 et seq.). And a major new law — Senate Bill 406, the "Property Owners' Bill of Rights Act," signed May 12, 2026 — adds statewide protections that phase in on July 1, 2026 and January 1, 2027. For your specific situation, a licensed Georgia attorney is the right resource. This is general information, not legal advice.
First question: did your community opt in to the POAA?
Under § 44-3-222, "[a]ny declaration or amendment intending to bring or avail a development of the benefits and provisions of this article shall state an affirmative election to be so governed." So a Georgia community is covered by the POAA only if its recorded declaration (or an amendment) expressly says so. That single fact changes a homeowner's rights significantly:
- Opted-in communities get the POAA's statutory framework — automatic perpetuation of covenants, the assessment lien of § 44-3-232, statutory interest and attorney's fees, and more.
- Communities that did not opt in are governed by their recorded covenants as a matter of contract, plus the Nonprofit Corporation Code for the entity. They do not get the POAA's statutory lien or its other automatic features.
Whether your declaration made that election is a recorded-document question a licensed Georgia attorney can answer. See Which Georgia Laws Govern Your HOA?.
The 2026 reform: Senate Bill 406
Georgia's biggest HOA change in years is just arriving. SB 406, the Property Owners' Bill of Rights Act, was signed on May 12, 2026, and takes effect in phases:
- July 1, 2026 — before an association can pass attorney's fees on to a homeowner, it must provide an itemized statement, and the fees are subject to judicial review for reasonableness (for actions filed on or after that date).
- January 1, 2027 — associations that collect fines or fees must register annually with the Georgia Secretary of State; an unregistered association forfeits its authority to collect fines and fees, file or record liens, and foreclose. The same date raises the foreclosure debt threshold and creates a Secretary of State complaint-and-hearing process (below), with longer records retention.
Because much of SB 406 is not yet in force as of mid-2026, it is worth confirming the current effective dates and details against the official bill and a licensed Georgia attorney.
Records — mostly through the Nonprofit Corporation Code
The POAA itself says little about records. For the typical incorporated association, inspection rights come from the Nonprofit Corporation Code, § 14-3-1602, under which a member who gives "written notice or a written demand at least five business days before" inspection, in "good faith and for a proper purpose," may inspect and copy minutes, accounting records, and the membership list. Section 14-3-1604 lets a member ask the superior court to compel access, "on an expedited basis," if the association refuses. SB 406 adds further transparency requirements beginning in 2027. See Getting Your Georgia HOA's Records.
Fines — driven by the declaration, with a new state backstop coming
Georgia's POAA does not impose the kind of statutory notice-and-hearing fine procedure some states have; the authority to fine and the process for it generally come from the recorded declaration. SB 406 changes the landscape: starting January 1, 2027, a homeowner may file a complaint with the Secretary of State, and filing it automatically stays collection of the disputed fine or fee until a hearing officer resolves the matter. See Challenging an HOA Fine in Georgia.
The assessment lien — prior and superior, but behind the first mortgage
For opted-in communities, § 44-3-232 makes assessments "constitute a lien in favor of the association on the lot prior and superior to all other liens whatsoever except … [t]he lien of any first priority mortgage covering the lot and the lien of any mortgage recorded prior to the recording of the declaration." So a first mortgage normally outranks the association. The same section sets a $2,000 minimum before the association may foreclose — a floor SB 406 raises to $4,000 in unpaid assessments (excluding fines and fees) on January 1, 2027 — and the lien lapses four years after the assessment first became due. See Can a Georgia HOA Foreclose Over Dues?.
Meetings
Member-meeting rights for most Georgia associations come from the Nonprofit Corporation Code (annual and special meetings, notice, quorum, and voting) and the bylaws, rather than from the POAA. See Attending HOA Meetings in Georgia.
When a rule may not hold up
A Georgia rule has to trace back to the authority the declaration grants, be applied evenhandedly, and respect higher law. See When Is a Georgia HOA Rule Unenforceable?.
Frequently asked questions
Does the Georgia Property Owners' Association Act apply to my HOA?
Only if your community opted in. Under § 44-3-222, the POAA governs a development only when its recorded declaration or an amendment makes an "affirmative election to be so governed." Communities that never opted in run on their covenants plus the Nonprofit Corporation Code. Whether your declaration made that election is a question for a licensed Georgia attorney.
What did Georgia's SB 406 change?
SB 406, the Property Owners' Bill of Rights Act (signed May 12, 2026), phases in attorney-fee limits on July 1, 2026, and on January 1, 2027 adds mandatory Secretary of State registration for associations that collect fines or fees, a raised foreclosure threshold, a state complaint-and-hearing process, and longer records retention. Because much of it is not yet effective, confirm current details with a licensed Georgia attorney.
Can a Georgia HOA foreclose on my home?
For an opted-in POAA community, § 44-3-232 allows foreclosure of the assessment lien, but only once the debt reaches the statutory minimum — $2,000 now, rising to $4,000 in unpaid assessments (excluding fines and fees) on January 1, 2027. The lien is generally subordinate to a first mortgage. A licensed Georgia attorney can explain the process in a specific case.
Sources
- O.C.G.A. § 44-3-222 — Affirmative election to be governed by the article
- O.C.G.A. § 44-3-232 — Assessment lien; foreclosure; statement of amounts due
- O.C.G.A. Title 44, Ch. 3, Art. 6 — Property Owners' Associations
- O.C.G.A. § 14-3-1602 — Members' right to inspect and copy records
- Georgia Senate Bill 406 (2025–2026) — Property Owners' Bill of Rights Act (official text)