Georgia
Georgia State Legislative Committee – Chair Amanda Dutton, Jessica Navas, Mateo Bossone
O.C.G.A. Title 44, Ch. 3, Art. 6, Property Owners Association Act (P.O.A.A.). Found here: http://tinyurl.com/GAPOAA-44-3-6
O.C.G.A. Title 44, Ch. 3, Art. 3 Condominiums
Found here: http://tinyurl.com/OCGA-44-3-3
Georgia State Legislative Page
Legislators in Favor of HOA Reform Rep Viola Davis, Rep Kim Schofield, Rep Sandra Scott, Senator Matt Brass
The info below is what is needed to make it easy for people to find which legislators to write to and their emails and assistants.
Lists of Legislators, in Excel, email address, district, assistant, assistant email.
List of Senators, Email, District
List of all Legislator Emails for Mass Mailing
List of Legislators on Senate Committees that will handle HOA bills
List of Legislators on House Committees that will handle HOA bills
List of Legislators on Both Rules Committees
List of Legislators on Appropriations Committees
Bills Live
GA SB29 about the same as HB 145
List of Senators working on SB29
GA HB 145 2023-2024 almost the same as SB 29
HB 220 is a bill being proposed which provides for increased “means of enforcement” FOR THE HOA BOARD and will “provide for compliance with” HOAs. BAD LAW, GIVES RIGHT TO IMMEDIATELY TAKE HOMEOWNERS TO COURT, turn off utilities and suspend voting rights!
HB 303 is a much more comprehensive and sweeping reform of Article 6 than SB 29, though they seem to have many of the same elements.
HB 355 and 522 both are concerned with allowing homeowners to have solar panels, 522 also adds reinstatement of homeowners’ First Amendment rights to fly the U.S. flag
HB 356
GA HB 1032 2023-2024 Rep Viola Davis, Rep Kim Schofield, Rep Sandra Scott.
GA Current Bills Update 6/24/2024
(2023-2024 Regular Session; as of 5/30/2024)
These Bills apply to:
Title 44 (Property), Chapter 3 (Regulation of Specialized Land Transactions)
Article 3 (Condominums) and/or
Article 6 (Property Owners’ Associations)
OR other existing legislation that can or does impact HOAs or residents.
1) SB 29
Property Owners' Associations; certificates of good standing for payment of annual assessments; provide.
Sponsors:
a. James, Donzella
b. Sims, Freddie Powell
c. Harbison, Ed
Summary:
“A BILL to be entitled an Act to amend Article 6 of Chapter 3 of Title 44 of the Official Code of Georgia Annotated, relating to property owners' associations, so as to provide for certificates of good standing for payment of annual assessments; to require associations to offer to participate in alternative dispute resolution prior to the effectuation of a lien on a lot for unpaid assessments; to provide that such a lien shall be inferior to liens for unpaid medical bills; to provide for alternative dispute resolution policies and requirements therefor; to provide for a definition; to provide for related matters; to provide for applicability; to repeal conflicting laws; and for other purposes.”
2) SR 37
Senate Property Owners' Associations, Homeowners' Associations, and Condominium Associations Study Committee; create. Passed 3/26/24.
Sponsors:
a. James, Donzella
b. Rhett, Michael 'Doc'
c. Sims, Freddie Powell
d. Harbison, Ed
Summary:
“A RESOLUTION creating the Senate Property Owners' Associations, Homeowners' Associations, and Condominium Associations Study Committee; and for other purposes.”
3) HB 145
Property owners' associations; certificates of good standing for payment of annual assessments; provide.
Sponsors:
a. Lewis-Ward, Regina
b. Drenner, Karla
c. Frye, Spencer
d. Wilkerson, David
e. Schofield, Kim
Summary:
“A BILL to be entitled an Act to amend Article 6 of Chapter 3 of Title 44 of the Official Code of Georgia Annotated, relating to property owners' associations, so as to provide for certificates of good standing for payment of annual assessments; to require associations to offer to participate in alternative dispute resolution prior to the effectuation of a lien on a lot for unpaid assessments; to provide that such a lien shall be inferior to liens for unpaid medical bills; to provide for alternative dispute resolution policies and requirements therefor; to provide for a definition; to provide for related matters; to provide for applicability; to repeal conflicting laws; and for other purposes.”
4) SB 148 (NEW)
Nonprofit Corporations; comprehensively revise, simplify, and modernize said chapter. Passed 5/02/23.
Sponsors:
a. Kennedy, John F.
b. Strickland, Brian
c. Gooch, Steve
d. Robertson, Randy
e. Anavitarte, Jason
f. Beach, Brandon
g. Still, Shawn
h. Watson, Ben
i. Kirkpatrick, Kay
j. Anderson, Lee
Summary:
“A BILL to be entitled an Act to amend Chapter 3 of Title 14 of the O.C.G.A., relating to nonprofit corporations, so as to comprehensively revise, simplify, and modernize said chapter; to provide for construction of said chapter; to provide definitions that clarify, shorten, and simplify the chapter and allow corporations flexibility in their articles and bylaws;to amend Code Section 8-2-42 of the O.C.G.A., relating to bribery of property or association managers regarding claims for damages arising out of construction defects prohibited and procedure for bringing action to remedy construction defects, to amend Code Section 14-5-40 of the O.C.G.A., relating to applicability of Chapter 3 of Title 14, so as to conform a cross-reference; to provide for related matters; to repeal conflicting laws; and for other purposes.”
5) HB 220
Property; means of enforcement of condominium and property owners' association instruments, rules, and regulations; provide. Passed 4/22/24.
Sponsors:
a. Leverett, Rob 123rd
b. Smith, Tyler Paul
Summary:
“A BILL to be entitled an Act to amend Title 44 of the Official Code of Georgia Annotated, relating to property, so as to provide for means of enforcement of condominium and property owners' association instruments, rules, and regulations; to provide for compliance with, and means of enforcement of, covenants and instruments for certain planned subdivisions; to provide for related matters; to repeal conflicting laws; and for other purposes.”
As per State Affairs article by Tammy Joyner dated 3/28/24, “The Senate also passed House Bill 220, which requires community-governed associations to notify in writing a home or condo owner of a covenant breach — such as painting their house a color not approved by the association, and give them time to fix it before taking legal action. The bill, sponsored by Rep. Rob Leverett, R-Elberton, passed 51-2. The bill returns to the House for its review of the Senate’s amendments.” See article: https://stateaffairs.com/georgia/justice-civil-rights/georgia-legislature-hoa-bill/
6) HB 303
Property; protections for homeowners, condominium owners, and property owners in community associations; provide.
Sponsors:
a. Davis, Viola
b. Beverly, James
c. Scott, Sandra
d. Schofield, Kim
e. Taylor, Rhonda
f. Mitchell, Billy
Summary:
“A BILL to be entitled an Act to amend Chapter 3 of Title 44 of the O.C.G.A., relating to regulation of specialized land transactions, so as to provide for protections for homeowners, condominium owners, and property owners in community associations; to provide for related matters; to repeal conflicting laws; and for other purposes.”
7) HB 355
Property owners' associations; creating or enforcing covenants which infringe on a lot owners' right to use natural gas or solar energy device; prohibit. House withdrawn, recommitted. 3/29/23.
Sponsors:
a. Carpenter, Kasey
b. Tarvin, Steve
c. Washburn, Dale
d. Gullett, Joseph
e. Bonner, Josh
Summary:
“A BILL to be entitled an Act to amend Article 6 of Chapter 3 and Article 3 of Chapter 5 of Title 44 of the Official Code of Georgia Annotated, relating to property owners' associations and covenants and warranties, respectively, so as to prohibit property owners' associations from creating or enforcing covenants which infringe upon a lot owner's right to use natural gas or to install or use a solar energy device; to provide for definitions; to provide for exceptions; to provide for applicability; to provide for related matters; to repeal conflicting laws; and for other purposes.”
8) SB 356 NEW
Specialized Land Transactions; protections of homeowners in community associations; provide.
Sponsors:
a. James, Donzella
b. Rhett, Michael 'Doc'
c. Davenport, Gail
Summary
“A BILL to be entitled an Act to amend Chapter 3 of Title 44 of the O.C.G.A., relating to regulation of specialized land transactions, so as to provide for protections of homeowners in community associations; to revise provisions concerning the foreclosure of liens by condominium associations and property owner's associations; to provide definitions; to provide for annual registration of community associations and related fees; to provide for applicability; to provide for related matters; to repeal conflicting laws; and for other purposes.”
9) HB 522
Property owners' associations; creating or enforcing covenants which infringe upon a lot owner's right to install a solar energy device or display the United States flag; prohibit.
Sponsors:
a. Frye, Spencer
b. Drenner, Karla
c. Washburn, Dale
d. Romman, Ruwa
e. Gullett, Joseph
f. Ridley, Jason
Summary:
“A BILL to be entitled an Act to amend Article 6 of Chapter 3 and Article 3 of Chapter 5 of Title 44 of the Official Code of Georgia Annotated, relating to property owners' associations and covenants and warranties, respectively, so as to prohibit property owners' associations from creating or enforcing covenants which infringe upon a lot owner's right to install a solar energy device or to display the United States flag; to provide for definitions; to provide for exceptions; to provide for applicability; to provide for related matters; to repeal conflicting laws; and for other purposes.”
10) HB 885 NEW
Community Association Transparency and Protection Act; enact.
Sponsors:
a. Alexander, Kimberly
b. Bruce, Roger
c. Thomas, Mandisha A.
Summary:
“A BILL to be entitled an Act to amend Chapter 3 of Title 44 of the O.C.G.A., relating to regulation of specialized land transactions, so as to provide for protections for homeowners, condominium owners, and property owners in community associations; to provide for a short title; to provide for definitions; to require declarants, developers, or other establishing entities to provide for budgets and reserve account funding for maintenance of community amenities; to require performance and maintenance bonds for community amenities; to implement requirements and procedures for turnover and transition from declarants, developers, or other establishing entities to property owners comprising the community association; to provide for civil causes of action for violations; to provide for civil penalties for violations and the recovery of litigation costs; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.”
11) HB 962 NEW
Transparency and Accountability in Asset Forfeiture Act; enact.
Sponsors:
a. Scott, Sandra
b. Davis, Viola
c. Schofield, Kim
Summary:
“A BILL to be entitled an Act to amend Chapter 14 of Title 16 of the Official Code of Georgia Annotated, relating to racketeer influenced and corrupt organizations, so as to provide that the Office of the Attorney General establishes and maintains a public website regarding seized and forfeited property; to provide a short title; to provide for applicability; to provide for definitions; to provide for reporting requirements; to provide for violation and penalty; to provide for exemptions in certain circumstances; to provide for reports; to provide for the disbursement of funds; to provide for fees; to provide for disclosure; to provide for related matters; to repeal conflicting laws; and for other purposes.
12) HB 1032 NEW
Property Owner Rights and Accountability Act; enact.
Sponsors:
a. Scott, Sandra
b. Davis, Viola
c. Schofield, Kim
Summary:
“A BILL to be entitled an Act to amend Chapter 3 of Title 44 of the Official Code of Georgia Annotated, relating to regulation of specialized land transactions relative to property, so as to repeal certain provisions for liens on condominiums and lots related to collection of property association fees and assessments; to provide a short title; to make conforming changes related to certain liens; to provide for related matters; to repeal conflicting laws; and for other purposes.”
13) HB 1308 NEW
Property; protections for homeowners, condominium owners, and property owners in community associations; provide.
Sponsors:
a. Holly, El-Mahdi
b. Bell, Eric
c. Hutchinson, Shelly
d. Glaize, Lydia
e. Park, Sam
Summary:
“A BILL to be entitled an Act to amend Chapter 3 of Title 44 of the Official Code of Georgia Annotated, relating to regulation of specialized land transactions, so as to provide for protections for homeowners, condominium owners, and property owners in community associations; to provide for civil causes of action for violations; to provide for civil penalties for violations and the recovery of litigation costs; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.”
14) HB 1321 NEW
Property; prohibit homeowners' associations from preventing property owners from installing solar energy devices; provisions.
Sponsors:
a. Bell, Eric
b. Holland, Betsy
c. Sharper, Dexter
Summary:
“A BILL to be entitled an Act to amend Title 44 of the Official Code of Georgia Annotated, relating to property, so as to prohibit condominium associations, property owners' associations, and homeowners' associations from preventing property owners from installing solar energy devices on common roofs or roof structures; to provide for burden of costs for removal and reinstallation of solar energy devices to allow for repair of common roofs or roof structures; to provide for definitions; to provide for related matters; to repeal conflicting laws; and for other purposes.”