Roswell residents living in communities governed by homeowners associations will have new state protections beginning Jan. 1, 2027, including a complaint process and registration requirements for associations.
The Georgia Property Owners’ Bill of Rights Act, signed by Gov. Brian Kemp on May 12, gives the Secretary of State’s Office oversight responsibilities for community associations. State officials held public hearings Nov. 4–5 in Atlanta on proposed rules for implementing the law, according to the Secretary of State’s Office.
Registration and homeowner complaints
Associations must maintain an active state registration to collect fines or fees, record liens or initiate foreclosure proceedings. The registration requirement is separate from corporate filings, according to the state’s FAQ.
Initial registration and annual renewals cost $100. Associations may formally elect not to register, but doing so restricts their collection and enforcement powers.
Residents who claim an association’s action or inaction harmed them can submit a written complaint within 180 days of the alleged incident. Filing triggers a temporary pause on collection of fines and fees involved in, or related to, the complaint. It does not provide a blanket suspension of regular dues.
The law also requires associations to retain records involving assessments, fines, fees, liens and foreclosures for at least 10 years, according to the signed legislation.
Changes to foreclosure procedures
For associations governed by the Georgia Property Owners’ Association Act, SB 406 extends the required notice before foreclosure from 30 to 60 days.
It also changes the minimum lien amount needed to pursue foreclosure to the lesser of $4,000 or 12 months of regular assessments in arrears, with a $2,000 floor. Specific assessments and other fines or fees cannot count toward that threshold.
A separate provision took effect July 1, 2026. Before collecting or receiving an award of attorney’s fees, covered associations generally must provide written notice, a 30-day opportunity to pay and an itemized list of reasonable legal fees. Exceptions apply to emergencies involving public safety or preservation of property.
Concerns raised at hearings
Homeowners and association representatives offered differing perspectives during the hearings.
WABE reported that residents described disputed charges and fears of foreclosure. Community association attorney Jamie Platt Lyons questioned whether some proposed regulations overlap with existing law, while supporting a state dispute forum that could help parties avoid expensive litigation.
Registration will take place through an online portal. The Secretary of State’s Office says further instructions will be provided closer to the Jan. 1 effective date.
