Georgia’s attorney’s-fee notice: the 30-day letter your HOA must send first

What changed, and since when

SB 406 added a new step that comes before an association can recover its lawyer’s bill from a delinquent owner. Unlike most of the Act, which waits until 2027, this section is already in force. The Act says it applies to all actions filed on or after July 1, 2026.

The rule, in the statute’s own words

The sentence that matters opens with a safety valve: in an emergency involving public safety or preserving the association’s property, the steps can be skipped. Everywhere else, the association has to provide three things before it may collect or be awarded attorney’s fees.

The three things you must provide

In plain language, the three items are a first notice, a 30-day window, and an itemized bill.

What this means for the letter itself

The statute does not hand you a form, so write a letter that does exactly what it says and nothing murky. Your attorney may have a template; compare it with the checklist below.

• Send it by certified mail or statutory overnight delivery. Ordinary first-class mail does not meet the text.
• Identify each outstanding fine or delinquent fee: what it is, the amount and the date it came due.
• Say plainly that the owner has 30 days from receipt of the notice to pay.
• Keep the proof of delivery. The clock runs from receipt, not from the day you mailed it, so the delivery record is your evidence.
• Hold back any claim for attorney’s fees until the 30 days have passed without payment.
• When fees are later claimed, attach an itemized list of the reasonable attorney’s fees.

Judges will look at the fees too

A separate subsection tells judges in bench trials to review claims for attorney’s fees for reasonableness and to enter an order saying whether they were reasonable. Itemized, well-documented fees will fare better than a lump sum.

Attorney’s fees remain part of what an association can recover when its governing documents allow it. The Act adds a procedure, not a new right to fees.

Mistakes to avoid

Most problems come from skipping a step under time pressure.

• Sending the lawyer’s demand letter first and the association’s notice second.
• Counting 30 days from the mailing date instead of from receipt.
• Using regular mail and having no delivery record.
• Letting the attorney’s invoice grow without an itemized list the court can read.

What to do next

1. 1Print the free attorney’s-fee notice checklist and compare it with your current letter.
2. 2Ask your association’s attorney to confirm the wording of your notice.
3. 3Switch your delinquency letters to certified mail or statutory overnight delivery.
4. 4Log the delivery date for each notice so you can count 30 days from receipt.
5. 5Check the foreclosure guide before any case moves toward a lien sale.

Frequently asked questions

Does the 30 days start when we mail the notice?

No. The statute gives the owner 30 days from the receipt of the notice, so keep the delivery confirmation.

Can we send the notice by regular mail?

The statute names certified mail or statutory overnight delivery. Regular mail does not match that text.

Is there an exception for emergencies?

Yes, for emergency conditions involving public safety or the preservation of the association’s property. Ask your attorney before relying on it.

Does this apply to cases already filed?

The Act says Section 7 applies to actions filed on or after July 1, 2026.