Georgia Homeowners Told State Officials They Could Lose Their Homes Over HOA Fees, And A New Law Could Pause Disputed Charges Until The State Decides Who Is Right

When homeowners say a fee could cost them their house, state officials usually hear it in writing. In Georgia this week, they heard it in person. The state Secretary of State’s Office held two rounds of public hearings as it irons out a new law that could give homeowners more power to challenge HOAs over excessive fines or fees, according to The Current (GA).

Aerial view of a suburban neighborhood with homes among trees.

On Wednesday and Thursday, a six-person panel of state officials and lawmakers listened to hours of public comment from homeowners asking for more transparency in how their associations are run. The office is now considering how to oversee and enforce the new rules, most of which start next year.

“I Lose My Home. I Will Be Homeless. That Is The Truth Of It.”

Nicky Buggs, a homeowner at the Landmark condo tower in downtown Atlanta, said residents there have fought excessive fees and charges for years. Some longtime residents, she said, risk losing their homes to foreclosure.

“I lose my home. I will be homeless. That is the truth of it. And it’s sad because the laws are painfully slow,” Buggs told the panel at the Coverdell Legislative Office Building on Thursday.

Officials also heard about alleged conflicts of interest, shady accounting practices and exorbitant charges at community associations.

The Law Behind The Hearings: The Georgia Property Owners’ Bill Of Rights

After the 2026 legislative session, Gov. Brian Kemp signed Senate Bill 406, known as the Georgia Property Owners’ Bill of Rights. The bill passed after complaints that some associations were abusing their power with unfair fees and fines, and retaliating against homeowners.

Under the new regulations, HOAs that register with the Secretary of State must keep that registration active if they want to collect fines or fees or start foreclosures.

The law also creates an administrative complaint and hearing process for disputes, which could let parties avoid going to court first. And it gives owners the right to demand transparency and accountability from their associations.

A Disputed Charge Can Be Put On Pause Until The State Decides

Here is the part that could matter most to a worried homeowner. If a homeowner disputes charges, the law provides for a temporary pause until the state issues a decision.

For someone facing foreclosure over a bill they believe is wrong, a pause is no small thing. It buys time to make the case before the house is on the line.

An Attorney Says Parts Of The Law Overlap With Rules Already On The Books

The law is not without critics. Community association attorney Jamie Platt Lyons, a partner at the law firm of Lazega & Johanson, suggested on Thursday that some of the regulations duplicate existing state laws.

She said confusion could arise if boards face “two separate standards” on care, loyalty and conflict-of-interest disclosures.

Democratic Sen. Donzella James pushed back. She said lawmakers needed to address “bogus liens” and concerns about “predatory” HOAs that could pursue foreclosure when someone owed $2,000.

Lyons did not disagree. She supported creating a forum with the Secretary of State’s Office where owners and associations can work out disputes and avoid costly court battles.

“There are absolutely associations that are definitely predatory,” Lyons said. “Having this new law is not a bad idea.” Her point, she explained, was that the requirements placed on association board members and officers already exist.

The testimony shows how wide the gap can be between a homeowner and the association that bills them. Residents in a single downtown Atlanta tower described years of fighting over charges, while an attorney who works with associations acknowledged that some of them are, in her words, predatory.

When both sides of the table agree that bad actors exist, the debate shifts from whether homeowners need a referee to how that referee should work.

What Georgia Homeowners Can Do While The Rules Take Shape

Because most of the new rules start next year, owners have some time to get organized. These steps are general good practice for anyone in an HOA, and a local attorney can advise on your situation.

Keep a folder of every notice, invoice, fine and email from your association. Disputes are won on paper.
Ask your board for a written breakdown of any charge you do not understand, and ask in writing so there is a record.
Read your governing documents so you know what your association is allowed to charge and how it must notify you.
Attend board meetings and ask to see the budget. Boards that answer questions early usually face fewer fights later.
Check whether your association is registered with the Secretary of State, since registration is tied to the right to collect fines or fees and start foreclosures under the new rules.
Keep an eye on the Secretary of State’s Office as it finalizes the regulations.

The hearings show that the story is far from finished. Homeowners want faster, clearer protection, lawyers want rules that do not collide, and state officials are still deciding how the system will work in practice. For anyone who has ever opened an HOA bill and felt their stomach drop, the outcome is worth following.

In the meantime, the best protection is the oldest one: know your documents, know your rights, and write everything down.

Willow and Hearth