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Georgia attorney’s-fee notice checklist

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Use this before any delinquent account is handed to an attorney or a fee is claimed. It follows the three requirements in SB 406 § 7, which applies to actions filed on or after July 1, 2026.

It is a checklist, not a form letter, and not legal advice. Have your attorney review the notice you send.

  1. The account is delinquent and the amounts are confirmed against the ledger.Check every fine and fee for an authorizing rule or document section.
  2. Is this an emergency involving public safety or preserving the association’s property?If so, ask the attorney whether the emergency exception applies. Otherwise continue.
  3. The initial notice is written and identifies each outstanding fine or delinquent fee.Name each item, its amount and the date it came due.
  4. It is sent by certified mail or statutory overnight delivery.Ordinary mail does not match the statute’s words.
  5. It is sent to the lot owner from the association or its agent.
  6. The notice tells the owner they have 30 days from receipt to pay.Count from receipt, not from the day you mailed.
  7. The proof of delivery is saved with the account.Receipt date, tracking number, who signed.
  8. Day 30 after receipt is on the calendar. No attorney’s fees are claimed before then.
  9. If the balance is still unpaid, an itemized list of the reasonable attorney’s fees claimed is prepared.Hours, rates and tasks, not a lump sum.
  10. The attorney has reviewed the notice and the fee list.

The statute behind this checklist

“Except under circumstances necessitated by emergency conditions involving public safety or the preservation of property by the association, before an association may collect or be awarded attorney’s fees, it shall provide:”
Ga. L. 2026, SB 406 § 7, new subsection (f)
“An initial written notice by certified mail or statutory overnight delivery to the lot owner from the association or its agent identifying any outstanding fines or delinquent fees;”
Ga. L. 2026, SB 406 § 7, new subsection (f)(1)
“Lot owners with 30 days from the receipt of the notice required under paragraph (1) of this subsection to pay such outstanding fines or delinquent fees; and”
Ga. L. 2026, SB 406 § 7, new subsection (f)(2)
“An itemized list of reasonable attorney’s fees claimed.”
Ga. L. 2026, SB 406 § 7, new subsection (f)(3)

Not legal advice. This page is general information for volunteer boards. It is not legal advice, and laws and documents differ. Ask your association’s attorney before you act on it.

Questions

Is there a required form for the fee notice?
The statute text we quote sets the content and delivery method but does not supply a form. Your attorney may have one.
When does the rule start?
The Act says Section 7 applies to actions filed on or after July 1, 2026.

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