Georgia HOA Rules for Board Members (2026)

Key Georgia deadlines at a glance

Which Georgia law applies

• Georgia has two kinds of mandatory-membership HOAs: those whose declaration (or an amendment) expressly elects the Georgia Property Owners' Association Act, and those that never elected it and run on their recorded covenants. The Act does not apply to condominiums.

  O.C.G.A. §44-3-222; §44-3-235(a), (b)

• A covenant HOA in a subdivision of 15 or more lots that isn't under the Act has the same fine and suspension power, to the extent provided in its recorded covenants.

  O.C.G.A. §44-5-60(d)(6)

• The Property Owners' Association Act does not apply to condominium associations; Georgia condominiums follow the Georgia Condominium Act.

  O.C.G.A. §44-3-235(b)

• From January 1, 2027, an owners' association must be registered with the Georgia Secretary of State to collect fines or fees, record liens or start foreclosure. An association that elects not to register may not assess or collect fines or fees.

  O.C.G.A. §43-17A-2, as added by SB 406 (2026) §9(a)

How Georgia counts days

• A period counted in days doesn't count the first day but counts the last. If the last day falls on a Saturday or Sunday, the person with the right or duty has through the following Monday; if it falls on a public and legal holiday under §1-4-1, through the next business day. Periods under seven days skip Saturdays, Sundays and legal holidays in between. This applies unless another law sets its own way of counting.

  O.C.G.A. §1-3-1(d)(3)

• Georgia's public and legal holidays are the days the federal government designated as of January 1, 2022 (New Year's Day, Martin Luther King, Jr.'s Birthday, Washington's Birthday, Memorial Day, Juneteenth, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day, Christmas Day), plus any other days the Governor designates and proclaims.

  O.C.G.A. §1-4-1(a); 5 U.S.C. §6103(a)

• Before seeking an injunction, a Property Owners' Association Act association gives the notice its declaration requires or, if the declaration is silent, 10 days' written notice. No notice is needed for a violation that presents a clear and imminent danger to life, person or property.

  O.C.G.A. §44-3-223

• Before an association may collect or be awarded attorney's fees (except in emergencies involving public safety or preservation of property), it must send an initial written notice by certified mail or statutory overnight delivery identifying any outstanding fines or delinquent fees, give the owner 30 days from receipt of that notice to pay, and provide an itemized list of the attorney's fees claimed. In effect from July 1, 2026, for actions filed on or after that date.

  O.C.G.A. §44-3-235(f), as added by SB 406 (2026) §7, §9(b)

Hearings in Georgia

• Georgia law sets no separate path for a one-time violation. Follow your declaration: notice and a chance to be heard before any fine is the fair course.

  O.C.G.A. §44-3-223 (no violation types set)

• Georgia statutes set no notice period, cure period, hearing right or dollar limit for HOA fines. Your declaration and bylaws control those steps.

  O.C.G.A. §44-3-223; §44-5-60(d)(6) (no periods set)

• Georgia statutes don't require a violation hearing or set its timing. Many Georgia declarations require notice and an opportunity to be heard: follow yours.

  O.C.G.A. §44-3-223 (no hearing rule set)

• Starts January 1, 2027. A resident who says the association's action or inaction harmed them may file a written complaint with the Georgia Secretary of State within 180 days of it. A hearing officer investigates and may hold a hearing. Filing automatically pauses collection of the fines or fees the complaint is about (or related to) until the hearing officer's conclusions after the hearing, and the officer may extend the pause by 15 days. The side that doesn't prevail pays the state a $100 fee.

  O.C.G.A. §43-17A-5(a), (c), (d), as added by SB 406 (2026) §2, §9(a)

Fines in Georgia

• A Property Owners' Association Act association may fine, and suspend use of common areas and services, only to the extent provided in its declaration. Owners must follow the declaration and the reasonable rules adopted under it that have been provided to them.

  O.C.G.A. §44-3-223

• In a Property Owners' Association Act association, fines may not affect voting rights, and no suspension may take away the right to vote in board elections for failure to pay outstanding fines.

  O.C.G.A. §44-3-223

Assessments, late fees and liens in Georgia

• In a Property Owners' Association Act association, sums lawfully assessed, including fines, are the owner's personal obligation and a lien on the lot. Talk to a Georgia attorney before any lien or foreclosure step.

  O.C.G.A. §44-3-232(a)

• For a covenant HOA not under the Act, collection costs, including reasonable attorney's fees actually incurred, are recoverable to the extent the covenants provide.

  O.C.G.A. §44-5-60(e)

• Starts January 1, 2027. Every payment an owner sends must be applied in this order: regular assessments (dues) until current, then special assessments until current, then specific assessments until current (charges for damage the owner caused, and fees or fines for late or missed payments or covenant violations), then other fees and fines. The association may not refuse a payment of any amount toward an assessment, and may not accelerate future assessments. How this fits your declaration or a payment plan already in place: ask a Georgia attorney.

  O.C.G.A. §43-17A-8; §43-17A-1(10), as added by SB 406 (2026) §2, §9(a)

• Starts January 1, 2027, for Property Owners' Association Act associations. Before foreclosing the assessment lien, the association sends notice at least 60 days ahead (was 30) by certified mail or statutory overnight delivery, return receipt requested, to the lot and to any address the owner gave in writing. The notice states the amount due, late charges and interest, and that paying it before the 60th day after receipt ends the right to foreclose. No foreclosure unless the lien is at least the lesser of $4,000 or 12 months of regular assessments in arrears, and never under $2,000; specific assessments, fines and fees don't count toward that amount. The lien lapses 6 years (was 4) after each assessment first came due. The Secretary of State's FAQ lists July 1, 2026 for the foreclosure changes, while the signed act says January 1, 2027: ask a Georgia attorney which date applies to your case, and before any lien or foreclosure step.

  O.C.G.A. §44-3-232(c), as amended by SB 406 (2026) §5, §9(a)

• From January 1, 2027, registered associations keep records of assessments, fines, fees, liens and foreclosures for at least 10 years.

  O.C.G.A. §43-17A-2(g), as added by SB 406 (2026)

Meetings and votes in Georgia

• Starts January 1, 2027. The board calls and holds a members' meeting at least once a year. Owners may expect each director, unless state law provides otherwise, to act in good faith and with the care an ordinary, prudent person in a like position would use, and to tell the other directors about any conflicting interest in a transaction. What counts as a conflict for your board: ask a Georgia attorney.

  O.C.G.A. §43-17A-7(4), (9), (10), as added by SB 406 (2026) §2, §9(a)

Records in Georgia

• Starts January 1, 2027. On written demand, owners may inspect and get copies of the association's records, including the finalized balance sheet, budget, profit and loss statements and bank statements for the past three years, in line with state law and the governing documents. On written demand, an owner may also get a copy of the association's certificate of insurance for coverage that benefits the owner and may apply to a claim. If your documents limit records access, ask a Georgia attorney how the two fit.

  O.C.G.A. §43-17A-7(1), (2), as added by SB 406 (2026) §2, §9(a)

Other rules boards should know

• Georgia law doesn't sort violations into types. Your declaration decides whether an ongoing violation gets a period to fix it, and how long.

  O.C.G.A. §44-3-223 (no violation types set)

• A suspension may never deny an owner or occupant access to their lot.

  O.C.G.A. §44-3-223; §44-5-60(d)(6)

• In a bench trial to recover sums assessed, the judge reviews the attorney's fees claimed for reasonableness before they can be awarded.

  O.C.G.A. §44-3-235(g), as added by SB 406 (2026) §7

Step by step: a Georgia violation case

The order Kindly Board walks a Georgia board through, from the first look to the last letter.

1. Check before you start Every case
   Know which Georgia law covers you, and what your declaration requires.
2. Courtesy reminder Optional
   A friendly first note before any formal notice.
3. Formal notice of violation Before any fine (per your declaration)
   The rule, the facts, the fix-by date and how to be heard, as your declaration requires.
4. Hearing (if your declaration gives one) Per your declaration
   A fair chance to be heard before the Board decides.
5. Board vote on the fine Before a fine
   Only as your declaration allows; never touching voting rights or lot access.
6. Notice of fine After the vote
   Send it by certified mail or statutory overnight delivery, with 30 days to pay.
7. Close the case Every case
   Record how it ended and keep the file.

Georgia HOA rules: FAQ

Official text

• Georgia SB 406 (2026), signed act
• O.C.G.A. §1-3-1 (official Code of Georgia; Title 1, Chapter 3)
• O.C.G.A. §1-4-1 (official Code of Georgia; Title 1, Chapter 4)
• 5 U.S.C. §6103, federal legal public holidays (official text)