Local Issues

Georgia Enacts First Major Statewide HOA Reform

June 1, 2026

In addition to tax legislation, Governor Brian Kemp has also signed landmark legislation often referred to as the Georgia Property Owners’ Bill of Rights Act (SB 406), marking the state’s first comprehensive statewide framework regulating homeowners’ associations (HOAs).

The law was designed in response to growing concerns from homeowners about excessive fines, lack of transparency, and inconsistent enforcement practices within HOAs across Georgia.

Key Protections for Homeowners

The new law establishes several major safeguards, including:

  • Stronger limits on HOA fines, fees, and penalties 

  • Enhanced notice requirements before associations can impose charges 

  • New rules restricting when HOAs can pursue liens and foreclosure actions 

  • A higher threshold for foreclosure based on unpaid dues (not fines or penalties) 

  • Expanded transparency requirements for HOA financial records and governing documents 

These changes are intended to reduce situations where homeowners face escalating legal costs or risk of foreclosure over relatively minor violations.

🏛️ New State Oversight of HOAs

For the first time in Georgia, HOAs will operate under a more structured regulatory framework.

The legislation:

  • Requires most HOAs to register with the Georgia Secretary of State 

  • Creates statewide oversight mechanisms for compliance 

  • Allows homeowners to access association records more easily 

  • Establishes clearer dispute and accountability processes 

If an HOA fails to comply with registration requirements, it may lose the ability to enforce fines or initiate collection actions.

⚖️ Impact on Georgia Homeowners

Supporters of the legislation say it restores balance between homeowners and associations by:

  • Increasing due process protections 

  • Improving financial transparency 

  • Reducing the risk of unexpected fees or aggressive enforcement 

  • Creating a clearer path for dispute resolution outside of court 

Critics and industry groups have raised concerns about added administrative requirements for associations, but the bill passed with strong bipartisan support.

About the GRBOR Market Brief

The Greater Rome Board of REALTORS® (GRBOR) Market Brief is compiled by Georgia Multiple Listing Service (GAMLS).For more information on details of this month's report, please contact the Board at 404.845.4025.

*Each month, the numbers reported for the previous month are updated to reflect additional recordings.

About the Greater Rome Board of REALTORS®

The Greater Rome Board of REALTORS® (GRBOR) has been an instrumental factor in the growth of real estate in Floyd County, Georgia for more than a decade. GRBOR serves as a central source of information for its members, with mainly focusing on real estate education, the promotion of professionalism in the industry and representing REALTORS® members with legislative initiatives to create positive change for the real estate community.

About Georgia Multiple Listing Service

Since 1962 Georgia MLS has been providing real estate professionals with exceptional service, proven technology solutions, and unmatched value. With a laser-sharp focus on making the day-to-day tasks of our MLS subscribers more functional, more productive, and more profitable, we continue to implement the service blueprint that has led to our continued growth. For additional information or to start a discussion about how to partner with GAMLS please contact georgiamls@gamls.com.

Monthly Reports