How long does a Georgia owner have to file a complaint against an HOA?

The complaint must be made within 180 days of the alleged action or inaction.

Does a complaint stop us from collecting dues?

The statute stays collection of fines and fees that are the subject of the complaint or related to it. It names fines and fees, not regular dues. Ask your attorney how it applies to your account.

Who pays for the hearing?

The nonprevailing party pays a $100 administrative service fee to the Secretary of State.

When does this start?

Chapter 43-17A takes effect on January 1, 2027.

SB 406 · Complaints

Georgia’s owner complaint process: what happens when a homeowner files with the state

Updated October 26, 2026 · For volunteer boards

The short version

An owner who says they were damaged by the association’s action or inaction can file a written complaint with the Secretary of State within 180 days.
A hearing officer investigates and may hold a hearing. The parties then have 15 days to settle on the hearing officer’s conclusions.
Filing triggers an automatic stay: the association may not collect or try to collect fines or fees related to the complaint.
The nonprevailing party pays a $100 administrative fee.

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.

Who can complain, and how soon

Anyone residing in an owners’ development who says the association’s action or inaction harmed them may file. The complaint is a written statement of the facts, made within 180 days of the thing complained about. The clock favors prompt, documented decisions by the board.

“Any person residing in an owners' development claiming that he or she has been damaged by such owners' association's action or inaction may file a complaint with the Secretary of State, who shall appoint a hearing officer to conduct the proceedings.”

O.C.G.A. § 43-17A-5(a)(1) (SB 406 § 2)

“Such complaint shall be a written statement of the facts constituting the complaint and shall be made within 180 days of the alleged action or inaction.”

O.C.G.A. § 43-17A-5(a)(1) (SB 406 § 2)

The hearing and the 15 days

The Secretary of State appoints a hearing officer, who investigates and may order a hearing. After the hearing, the hearing officer gives the owner and the association written findings and conclusions. Both then have 15 days to make those conclusions effective and satisfy them.

If the dispute is not settled in that window, the hearing officer, the owner or the association may bring an action to enforce the claim.

“Immediately upon the conclusion of the hearing, the hearing officer shall report his or her findings and render conclusions upon the matter to the complainant and respondent in each case, who shall have 15 days thereafter in which to make effective and satisfy the hearing officer's conclusions.”

O.C.G.A. § 43-17A-5(a)(2) (SB 406 § 2)

“If such settlement is not effected within the time frames set forth in paragraph (2) of this subsection, the hearing officer, the complainant, or the respondent may bring an action to enforce the claim.”

O.C.G.A. § 43-17A-5(a)(3) (SB 406 § 2)

The automatic stay on fines and fees

For a board, this is the part that changes daily operations. Once a complaint is filed, the association may not collect, or try to collect, any fines or fees from that owner that are the subject of the complaint or related to it. The stay runs until the hearing officer’s conclusions, and the hearing officer may extend it by 15 days.

“The filing of a complaint under this subsection shall act as an automatic stay prohibiting the respondent from collecting or attempting to collect from the complainant any fines or fees that are the subject of the complaint or related to the subject of the complaint.”

O.C.G.A. § 43-17A-5(c) (SB 406 § 2)

“Such automatic stay shall expire upon the rendering of the hearing officer's conclusions following the hearing; provided, however, that the hearing officer shall be authorized to extend such stay for 15 days after the rendering of his or her conclusions following the hearing.”

O.C.G.A. § 43-17A-5(c) (SB 406 § 2)

Costs, honesty and appeals

The nonprevailing party in the hearing pays a $100 administrative service fee. The Act also makes it unlawful to give the Secretary of State or a hearing officer a false or misleading statement of material fact, which applies to the board as much as the owner. A person adversely affected can appeal to the magistrate or superior court as the statute describes.

“The nonprevailing party in a hearing conducted under this Code section shall be required to pay an administrative service fee of $100.00 to the Secretary of State by order of the Secretary of State.”

O.C.G.A. § 43-17A-5(d) (SB 406 § 2)

“It shall be unlawful in connection with any hearing under this Code section for any person to knowingly make or cause to be made to the Secretary of State, the hearing officer, or anyone acting on their behalf any false or misleading written or oral statement of material fact or any statement which omits a material fact.”

O.C.G.A. § 43-17A-5(b) (SB 406 § 2)

“An appeal may be taken from any order of the Secretary of State resulting from a hearing held in accordance with Code Section 43-17A-4 or any decision of a hearing officer resulting from a hearing held in accordance with Code Section 43-17A-5 by any person adversely affected by such order or decision to:”

O.C.G.A. § 43-17A-6(a)(1) (SB 406 § 2)

What the board should do when a complaint arrives

A calm, documented response is the best protection.

Note the date you received the notice and calendar every deadline in it.
Pause collection of fines and fees related to that owner’s complaint, and tell your manager and bookkeeper the same day.
Gather the governing-document sections, notices, minutes and emails the matter involves.
Send the file to the association’s attorney and decide together who speaks for the board.
Keep communications factual. Everything may be read by a hearing officer.

Prevention beats response

Most complaints grow from a decision the owner could not understand. Written reasons for a denial, clear notice before a fine and a hearing opportunity cost little, and they make the 180-day clock matter less.

What to do next

1Write a one-page “if we receive a complaint” procedure and give it to every board member.
2Agree who receives mail from the Secretary of State and how fast it reaches the board.
3Make sure the bookkeeper can pause fines and fees on one home quickly.
4Read the owners’ rights guide so you know what complaints are likely to cite.

What HomeownerHub does about this

A “Secretary of State complaint” card on each home’s collections file records the filing date and the hearing officer’s conclusions. From January 1, 2027, while the stay runs, the app blocks fines and collection letters that list fines or fees for that home and charges it no late fees. Before 2027 it only warns. The only override is “attorney advised,” and every override is logged.

The board approves every draft. HomeownerHub prepares paperwork and cites the law; it does not file for you or give legal advice.

Frequently asked questions

How long does a Georgia owner have to file a complaint against an HOA?: The complaint must be made within 180 days of the alleged action or inaction.
Does a complaint stop us from collecting dues?: The statute stays collection of fines and fees that are the subject of the complaint or related to it. It names fines and fees, not regular dues. Ask your attorney how it applies to your account.
Who pays for the hearing?: The nonprevailing party pays a $100 administrative service fee to the Secretary of State.
When does this start?: Chapter 43-17A takes effect on January 1, 2027.

All Georgia guides and tools