Legislative Update.

Published on : November 3, 2026

6 min read

Georgia SB 406.

What Your Board Needs to Know

Georgia SB 406 is now Act 715, the Georgia Property Owners’ Bill of Rights Act.

Georgia Senate Bill 406 · Act 715

Understand the changes. Lead with confidence.

Passed the General Assembly

2026 session

Signed into law

May 12, 2026

Attorney’s-fee rules

In effect July 1, 2026

Most provisions

Take effect Jan. 1, 2027

Key dates for Senate Bill 406 (Act 715), the Georgia Property Owners’ Bill of Rights Act.

Georgia has changed the rules for community associations. Governor Kemp signed Senate Bill 406 on May 12, 2026. It is now Act 715, the Georgia Property Owners’ Bill of Rights Act. One part is already in effect, and most of the law takes effect on January 1, 2027.

For boards, that means new obligations. Some come around once a year. Others touch every collections file. None of them are unreasonable, but several turn what used to be good practice into a legal requirement.

Here is what changes, what it means in practice and the questions every board should be asking now.

1

Annual state registration

Starting 2027. Required to collect fines or fees, file liens or foreclose.

2

Financial records and reporting

A financial statement with each registration, and records kept long-term.

3

A higher foreclosure threshold

Up to $4,000 in unpaid dues. Fines and fees don’t count.

4

A state complaint process

Homeowners can bring disputes to the state without filing a lawsuit.

5

Notice before attorney’s fees

Already in effect: certified mail, 30 days to pay, itemized fees.

1. Annual registration with the Secretary of State

Starting January 1, 2027, every homeowners association in Georgia must register with the Secretary of State and renew each year by December 31. Registration costs $100 a year and includes the association’s governing documents and a financial statement.

An association that isn’t registered can’t collect fines, fees or accelerated association dues, file liens or start foreclosure. It can still collect regular dues.

What registration protects

Enforcement tool

Registered

Not registered

Collect fines

✓

Available

✕

Lost

Collect fees

✓

Available

✕

Lost

Collect accelerated association dues

✓

Available

✕

Lost

File liens

✓

Available

✕

Lost

Start foreclosure

✓

Available

✕

Lost

Board tip

Registration renews by December 31 every year. Put it on the board’s calendar next to budget adoption, and ask your manager to confirm in writing each year that it has been filed.

2. Financial records and reporting

Each annual registration includes a financial statement, so the association’s books now reach the state every year. Reporting on the law also describes a requirement to keep association records for ten years. Boards should confirm the exact scope with association counsel.

In practice, the records a board approves this year need to be retrievable long after the current board has turned over. That puts the weight on systems, not individual volunteers.

How long this year’s records may need to last

2027

2037

10 years

Record-keeping period, as reported

Every year

Governing documents and a financial statement filed with registration

If the ten-year period applies as reported, records created in 2027 would need to be kept through 2037.

3. A higher bar for foreclosure

The law raises the amount a homeowner must owe before an association can file to foreclose. The threshold is the lesser of $4,000 or 12 months of regular assessments, and never less than $2,000. Only unpaid assessments count. Fines, fees and other charges don’t.

Illustrative example

$2,000

Previous minimum

$4,000

New threshold in this example

Example community: a $400 monthly assessment, so 12 months of dues is $4,800. The lesser of $4,000 and $4,800 is $4,000.

Counts toward threshold

Total owed

Assessments $2,600

Fines + fees $1,100

$2,600

$2,000

$4,000

Unpaid assessments

Fines, fees and other charges

✕

This homeowner owes $3,700, but only the $2,600 in unpaid assessments counts. That is below this community’s $4,000 threshold, so the association could not file to foreclose.

4. A state-level complaint process

SB 406 gives homeowners a new option. A homeowner who believes they were harmed by something the association did, or failed to do, can file a written complaint with the Secretary of State within 180 days. A hearing officer investigates, may hold a hearing and then issues findings.

While a complaint is open, the association can’t collect the disputed fines or fees. Either side can take the decision to court. It also means the association’s records, notices and board decisions may be reviewed by someone outside the community.

A homeowner disputes an association action

Existing path

Lawsuit

• Homeowner files a lawsuit

• Case proceeds in court

• Decided by a judge

New under SB 406

State complaint

• Complaint filed with the Secretary of State within 180 days

• Disputed fines and fees paused while it’s reviewed

• Hearing officer investigates and issues findings

• Either side may appeal to court

5. Notice before attorney’s fees

This part of the law is already in effect. Since July 1, 2026, before an association can collect attorney’s fees from a homeowner, it must send written notice by certified mail. A judge must also find the fees reasonable before awarding them.

What the notice must include

What the law requires

Since July 1, 2026

1

What is owed

The outstanding fines or delinquent fees.

2

30 days to pay

A window for the homeowner to settle the amount.

3

Itemized attorney’s fees

A line-by-line list of the fees being claimed.

At its heart, SB 406 asks for good habits: careful records, important dates kept on the calendar and notices that treat every neighbor fairly. With the right support beside you, none of it has to rest on your shoulders.

Questions to ask your management company

These questions can help your board turn SB 406 readiness into clear commitments.

Ask the company

Listen for

Will our association be registered by January 2027, and who owns the renewal?

A named person, the December 31 renewal on the calendar and written confirmation to the board each year.

How will our collections policy change for the new foreclosure threshold?

A policy reviewed with association counsel that counts unpaid assessments only and applies the lesser of $4,000 or 12 months of dues.

How long do you keep our financial records, and how quickly can you produce them?

A clear answer on where records live, how long they are kept and how fast they can be retrieved.

What happens if a homeowner files a state complaint?

A documented process: who assembles the history, who responds and how the board is kept informed.

Have our collection notices been updated for the July 2026 rules?

Certified-mail notices that state what is owed, allow 30 days to pay and itemize any attorney’s fees.

How CMA is preparing.

You lead the community. We’ll handle the compliance.

CMA has served Georgia community associations since 1989. Our teams are preparing for SB 406 now so your board doesn’t have to.

37

Years in business

1,100

Associations managed

9

Regional service hubs

Change 1

Registration tracked for every community

Registration status and the December 31 renewal monitored for each association we manage, with confirmation sent to the board every year.

Change 3 and 5

Collections aligned to the new law

Collections and enforcement procedures updated with association counsel for the new foreclosure threshold and the attorney’s-fee notice rules now in effect.

Change 2

Records ready for the state

Financial records retained long-term and organized so registration filings and records requests don’t become a scramble.

Change 4

Support when a complaint is filed

Your manager assembles the full history (notices, payments, correspondence and board decisions) and coordinates the response.

All changes

Board briefings as guidance arrives

The Secretary of State’s office is preparing for registration ahead of January 2027. We’ll brief boards on what is required, and what isn’t, as its guidance is published.

This article is general information, not legal advice. It is based on public summaries of SB 406 (Act 715). Boards should consult their association attorney about how the law applies to their community and governing documents.

Questions about SB 406 and your community?

Talk to your community manager, or reach out to see how CMA can help your board stay ahead of the change.

Contact your manager

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