Georgia officials holding two days of hearings on new HOA rules

ATLANTA, Ga. (Atlanta News First) - Georgia homeowners and association leaders will soon have an opportunity to weigh in on new state rules regulating community associations.

Secretary of State Brad Raffensperger announced public hearings will be held Wednesday, Nov. 4, and Thursday, Nov. 5, to gather feedback on new regulations implementing the Georgia Property Owners’ Bill of Rights Act.

Passed during the 2026 legislative session, Senate Bill 406 established rights and protections for residents living in communities governed by property owners’ associations.

The law also mandates associations register annually with the secretary of state’s office. Under the statute, an association must maintain an active registration in order to assess fines or fees against homeowners.

Both days’ hearings begin at 9 a.m. in room 307 of the Paul D. Coverdell Legislative Office Building at 18 Capitol Square SW in Atlanta.

These hearings are the next phase of a reform effort shaped by homeowners, many featured in Atlanta News First Investigates’ ongoing HOA Nightmares, which documented a lack of statewide HOA oversight and featured accounts of homeowners facing mounting debt, liens and possible foreclosure, sometimes over disputes involving fines.

Earlier this year, as Senate Bill 406 advanced through the General Assembly, Rep. Rey Martinez publicly thanked Atlanta News First Investigates’ reporting on the issue. Gov. Brian Kemp signed the bill into law in May.

The law establishes statewide HOA requirements, with most provisions set to take effect Jan. 1, 2027. The attorney-fee notice provisions took effect July 1.

Here are the meetings’ agendas:

Nov 4: definitions, filings and access to association records

Wednesday’s agenda begins at 9 a.m. with a hearing on proposed definitions in Rule 590-13-1-.01.

At 10 a.m., the agency is set to consider a proposed delegation rule, provisions governing records and documents filed with the Secretary of State, and enforcement and investigatory procedures.

The 11 a.m. session will focus on HOA registration rules, including initial applications, deficient and withdrawn registrations, amendments and renewals.

A 1:30 p.m. hearing is scheduled for proposals covering records maintained by owners’ associations and requests for those records. Those sessions could be particularly consequential for homeowners seeking greater clarity about association operations and for boards determining how to meet new documentation and disclosure responsibilities.

Nov 5: owner rights and paths for resolving disputes

Thursday’s hearings begin at 9 a.m. with a proposed rule on notice and meetings under the Owners’ Bill of Rights. At 10 a.m., the agency will take up a proposed rule on the good faith of an owners’ association board.

The afternoon sessions turn to procedure: how challenges may be handled when the Secretary of State issues an order, and how disputes involving an HOA’s actions or inaction may proceed.

Beginning at 1 p.m., the state will hear comments on proposed administrative-hearing rules for challenges to orders issued by the Secretary of State. The topics include the appointment of a referee, pre-hearing processes, deadlines, motions, subpoenas, hearing procedures and post-hearing matters.

At 3 p.m., the agenda shifts to proposed procedures for challenges to an owners’ association’s actions or inactions. Those proposed rules address the appointment of hearing officers, complaint processes, pre-hearing procedures, the hearing itself and post-hearing matters.

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