Georgia's HOA Reform Has Started: What Took Effect July 1, 2026
Most of Georgia's landmark HOA law, SB 406, does not begin until 2027. But its first provision is already live as of July 1, 2026, and it changes how associations can charge owners for attorney fees. Here is what is in force now and what is still coming.
Georgia passed the most significant overhaul of its homeowners association law in decades this year. Most of it does not take effect until January 1, 2027, which has led a lot of owners to file it away as a future problem. That is a mistake, because the first piece is already in force as of July 1, 2026, and it changes one of the most contentious parts of any HOA dispute: who pays the lawyers.
We covered the full bill when it was signed. If you want the complete breakdown, start with our overview of the Georgia Property Owners' Bill of Rights Act. This piece is the update: what actually changed this month.
Quick recap
Senate Bill 406, the Georgia Property Owners' Bill of Rights Act, was signed into law by Governor Brian Kemp on May 12, 2026, following a run of investigative reporting on association overreach across the state. It limits association enforcement powers, creates oversight through the Secretary of State's office, and gives owners new rights around records, disputes, and defenses. The law phases in over time, and July 1, 2026 is the first date on the calendar.
What is live now: the attorney fee rules
The provision that took effect July 1, 2026 is Section 7 of the bill, and it is aimed squarely at the pattern that made HOA fines so dangerous for Georgia homeowners: a small fine that snowballs into thousands of dollars in legal fees.
There is an important precision point first. Section 7 applies to associations governed by the Georgia Property Owners' Association Act, the POAA, which is an opt in framework, so it does not automatically cover every association in the state. For associations that are covered, and for any collection action filed on or after July 1, 2026, the rules are meaningfully stricter. Before an association can recover attorney fees from an owner in a collections matter, it now must:
- Send the owner prior written notice of the fees, delivered by certified mail or statutory overnight delivery.
- Provide an itemized statement of the attorney fees being claimed, rather than a lump sum.
- Allow a cure period, reported as 30 days, giving the owner a window to resolve the matter.
- Submit those fees to judicial review for reasonableness, meaning a judge must find the fees reasonable before awarding them.
Legal summaries of the act note two related changes that also began July 1: a covered association cannot refuse to accept an owner's payment of an assessment, and it cannot assess or collect accelerated assessments. The practical effect is that an association can no longer let legal fees pile up quietly and then present an owner with a single overwhelming bill.
What is still coming January 1, 2027
The larger structural changes arrive next year, and they are worth knowing now if you own or are buying in Georgia:
- Mandatory registration with the Secretary of State. An association that fails to register, or to renew annually, forfeits its ability to collect fines and fees, file or record liens, or initiate foreclosure.
- A higher foreclosure threshold. The minimum in unpaid dues an association needs before it can foreclose doubles from 2,000 dollars to 4,000 dollars. That figure covers unpaid assessments, not fines or fees. Until January 1, 2027, the current 2,000 dollar minimum still applies.
- Longer record retention and a formal state complaint, hearing, and appeal process that gives owners somewhere other than court to raise concerns.
Why this matters for buyers and owners
For owners, the immediate point is simple: if your association is a POAA community and it is seeking attorney fees in a dispute filed on or after July 1, you are now entitled to prior written notice and an itemized statement, and the fees can be tested for reasonableness in court. Know that before you pay anything.
For buyers, the bigger picture is that Georgia is shifting real power back toward homeowners, and the enforcement and financial posture of a community is now a moving target. What was true two years ago is not necessarily true today, and it will change again in January.
This is general information, not legal advice, and the opt in scope of the POAA and the exact application of these rules can get technical. If you are dealing with a specific fee dispute or a specific purchase, a licensed Georgia attorney is worth the consultation.
If you are researching a Georgia community, its dues, its enforcement track record, and what residents say about how fairly the rules are applied are exactly the things HOAReview.com is built to help you find.
Sources: legal analyses of SB 406 from HunterMaclean, Freeman Mathis and Gary, and Nowack Howard; Atlanta News First reporting on the signing and provisions of the Georgia Property Owners' Bill of Rights Act.