Georgia's 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. Beginning January 1, 2027, SB 406 adds another route: under § 44-3-235(a)(3), the POAA also applies "where 80 percent of the association vote to approve the submission of such association to this article and records an instrument certifying such vote." That single fact changes a homeowner's rights significantly:
- Opted-in communities get the POAA's statutory framework — covenants freed from the general time limits of § 44-5-60 (§ 44-3-234), 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
SB 406, the Georgia Property Owners' Bill of Rights Act (Act 715), was signed on May 12, 2026, and takes effect in phases:
- July 1, 2026 — before an opted-in POAA association can collect or be awarded attorney's fees, it must send the owner a notice by certified mail or statutory overnight delivery identifying any outstanding fines or delinquent fees, allow 30 days to pay, and provide an itemized list of the fees claimed; in a bench trial, the judge reviews the fees for reasonableness (for actions filed on or after that date).
- January 1, 2027 — owners' associations, including HOAs and condominium associations, must register annually with the Georgia Secretary of State unless they notify the Secretary of State that they elect not to register. An association that neither registers nor elects out may not collect fines or fees, file or record liens, or initiate foreclosure; one that elects not to register, a "nonregistered owners' association," may not "assess or collect fines or fees or accelerated assessments against any owner" (§ 43-17A-2). A registered association may not "[r]efuse to accept payment from an owner in any amount for any assessment" or "[a]ssess or collect accelerated assessments against any owner," and it applies payments to regular assessments first, then special assessments, specific assessments, and finally other fees and fines (§ 43-17A-8). The same date raises the foreclosure debt threshold and creates a Secretary of State complaint-and-hearing process (below), with longer records retention.
Because most of SB 406 does not take effect until January 1, 2027, 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 an association incorporated as a nonprofit, 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 may inspect and copy core records such as the bylaws and the past three years of member-meeting minutes; for board minutes, accounting records, and the membership list, the demand must also be made "in good faith and for a proper purpose." If the association refuses, § 14-3-1604 lets a member ask the superior court to compel access; for records beyond the core list, the court decides the application "on an expedited basis." 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 set a notice-and-hearing procedure for fines. Under § 44-3-223 the association may fine only "[i]f and to the extent provided in the instrument," so the authority to fine and the process for it come from the recorded declaration. SB 406 changes the landscape: starting January 1, 2027, a person residing in the community who claims to have been damaged by the association 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 changes on January 1, 2027 to the lesser of $4,000 or 12 months of regular assessments, but not less than $2,000, excluding fines, fees, and specific assessments — and the lien lapses four years after the assessment first became due (six years from January 1, 2027). See Can a Georgia HOA Foreclose Over Dues?.
Meetings
Member-meeting rights for incorporated 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." Beginning January 1, 2027, an association can also opt in when 80 percent of the association vote approves and an instrument certifying the vote is recorded (§ 44-3-235(a)(3), SB 406). 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 annual Secretary of State registration for owners' associations (unless an association elects not to register and gives up fines, fees, and accelerated assessments), a raised foreclosure threshold, a state complaint-and-hearing process, and longer records retention. Because much of it is not yet effective, a licensed Georgia attorney can confirm the current details.
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; from January 1, 2027, the lesser of $4,000 or 12 months of regular assessments, but not less than $2,000, excluding fines, fees, and specific assessments. The lien is generally subordinate to a first mortgage. A licensed Georgia attorney can explain the process in a specific case.