Georgia HOA and condominium law is governed by the Georgia Property Owners Association Act and the Georgia Condominium Act. From 2024 onward, Georgia has been enacting significant accountability and enforcement reforms. Georgia boards need to understand both the 2024 enforcement flexibility changes and the landmark SB 406 that takes effect through 2026 and 2027.
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2024: Violation Remedy Flexibility (Effective July 1, 2024)
HB 220 / Act 388 — Violation Remedy Flexibility
Prior to this legislation, Georgia associations were required to exhaust self-help remedies before pursuing other enforcement options for covenant violations. HB 220 / Act 388 changed this by allowing condo and homeowners associations to choose any remedy available under their governing documents to cure a covenant violation — without first exhausting self-help. This gives boards greater flexibility in how they enforce community standards, but also means boards should review their enforcement procedures to ensure they are using the right remedy for each situation.
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2026–2027: Georgia Property Owners' Bill of Rights Act
SB 406 — Georgia Property Owners' Bill of Rights Act
SB 406 is the most significant Georgia HOA legislation in years. Its provisions come into effect in stages:
Effective July 1, 2026 (Section 7):
- Courts may now award attorney fees and costs in HOA enforcement actions.
- Judicial review procedures are strengthened for homeowners challenging association decisions.
Effective January 1, 2027 (majority of Act):
- **Annual registration required:** HOAs must register annually with the Georgia Secretary of State. Failure to register prohibits the association from taking enforcement actions, levying fines, recording liens, or initiating foreclosure.
- **Foreclosure threshold doubled:** Minimum delinquency required to initiate foreclosure doubles from $2,000 to $4,000 (assessments only — not fines).
- **Complaint process:** Homeowners may file complaints with the Secretary of State; complaints are heard by an appointed hearing officer.
Georgia boards that have not begun planning for annual registration and updated foreclosure thresholds risk losing enforcement authority entirely as of January 1, 2027.
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What Georgia HOA Boards Should Do Now
1. Review your enforcement procedures — you now have flexibility to choose remedies under your governing documents without exhausting self-help first (HB 220 / Act 388).
2. Begin preparing for annual registration with the Georgia Secretary of State (required January 1, 2027 under SB 406).
3. Update foreclosure procedures — do not initiate foreclosure until the owner owes at least $4,000 in assessments (effective January 1, 2027).
4. Review attorney fee exposure — courts can now award fees against the losing party in HOA enforcement actions (effective July 1, 2026).
5. Consult counsel on the homeowner complaint process under SB 406 to understand how to respond to Secretary of State complaints.
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How APM Provides Remote HOA Management in Georgia
APM provides professional remote HOA and condo management to Georgia boards through our HOA Alchemy platform, serving communities in Atlanta, Savannah, Augusta, and across the state. Our compliance team monitors Georgia HOA law developments including SB 406 implementation and helps clients prepare for registration and updated enforcement procedures. Contact us at billing@apmhoa.com or visit [apmhoa.com/remote-hoa-management/georgia](https://www.apmhoa.com/remote-hoa-management/georgia) for a free remote management proposal.
*This article is for general informational purposes only and does not constitute legal advice. For questions specific to your association, consult a licensed Georgia attorney.*
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