Ga. homeowners prepare to file complaints under new HOA oversight law

STOCKBRIDGE, Ga. - Homeowners and HOA boards across Georgia are preparing for major changes to homeowner association oversight following the signing of a new statewide law.

Georgia Gov. Brian Kemp signed the legislation after months of public pressure.

Dozens of homeowners gathered in the parking lot at the Monarch Village clubhouse last month to learn about their rights under the new law. The meeting reflected frustrations for more than a year, homeowners across Georgia living under HOA boards they say have unchecked power and no place to file a complaint.

“What this law does now [is] hold them accountable,” said Deetra Pointdexter of The WATCH Project, a nonpartisan HOA advocacy organization that helped draft the HOA legislation. “And the board of directors was not being held accountable.”

Monarch Village homeowner complaints

Homeowners at the meeting expressed concerns with their HOA board’s power.

“The stuff that he’s doing here is a dictator,” homeowner Charles Smart said, referring to the current president, Brian Bailey. “It’s just his way or the highway. We are being treated as though we are tenants instead of homeowners.”

Homeowners said they don’t think they’re getting the value for the hundreds of dollars they pay in HOA dues every year.

“I’m all about my money,” said homeowner Oswin Jackson. “If you’re taking my money and not giving me anything for it, I have a problem with that.”

Bailey disputed the claims, stating there are nearly 900 homes in the community, and the 40 homeowners who gathered for the meeting don’t speak for the majority.

“There’s nothing that would be doing it wrong,” he said. “Everything is backed by our covenants.”

Bailey said the only reason some residents call him a dictator is because he talks the most at meetings, explaining the community’s covenants state the president is the one who presides over meetings.

What the law changes

Jeff Ledford with the Georgia Association of REALTORS helped write the law. He said the biggest issue the law addresses is transparency.

“These are... like quasi governmental entities,” Ledford explained, adding previous laws did not provide the necessary oversight for HOAs that aligned with the amount of power they hold.

Senate Bill 406 takes effect in two phases. Starting July 1, HOAs cannot charge attorney’s fees without prior written notice and an itemized list of what they’re claiming.

The bigger changes come Jan. 1, 2027. HOAs that want to issue fines, liens or foreclosure notices must register with the Georgia Secretary of State and provide governing documents as well as three years of financial records.

For the first time, there is somewhere to file a complaint.

“This gives you one place you can go,” Ledford said. “The Secretary of State’s office can assign a referee, like going to an arbiter. That really gives you a clear indication of whether this is a big deal or a minor issue.”

The law also doubles the foreclosure threshold from $2,000 to $4,000 in unpaid dues. HOAs can no longer use fines alone to trigger a foreclosure.

The law is not retroactive and complaints must be filed within six months of the incident.

“When you know your rights, those are the things that you can write up in your complaint,” Pointdexter said.

Homeowners dealing with HOA issues should start documenting everything, including emails, texts and photos, to be ready when the office opens.