SB 406 · Owners’ rights

Georgia homeowners’ rights in 2027: the twelve rights in SB 406

Updated · For volunteer boards

The short version

  • From January 1, 2027, SB 406 gives owners twelve listed rights, from records to meetings to foreclosure process.
  • Owners can demand three years of accounting records and the association’s insurance certificate in writing.
  • Boards need a repeatable way to answer a written records demand.

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.

Where the list comes from

Chapter 43-17A, created by SB 406, ends with a section titled in the Act’s own language as a list of rights. It takes effect on January 1, 2027, and it covers owners in associations formed under the Property Owners’ Association Act and the Condominium Act alike.

“Except as provided in subsection (b) of this section, this Act shall become effective on January 1, 2027.”
Ga. L. 2026, SB 406 § 9(a)
“Owners shall have the right to:”
O.C.G.A. § 43-17A-7 (SB 406 § 2)

Records and insurance

The first two rights are the ones likely to land on a volunteer board’s desk. Owners can ask in writing to inspect and copy association records, and the accounting records are defined as the finalized balance sheet, budget, profit and loss statements and bank statements for the past three years. They can also ask for a copy of the certificate of insurance.

A board that keeps these in one place can answer a written request promptly instead of searching for papers.

“Inspect and obtain copies of owners' association records, accounting records, and other records of the owners' association upon written demand and in compliance with the laws of this state and the governing documents. Such accounting records shall be the finalized balance sheet, budget, profit and loss statements, and bank statements for the past three years;”
O.C.G.A. § 43-17A-7(1) (SB 406 § 2)
“Upon written demand to the owners' association, a copy of the owners' association certificate of insurance for all such insurance obtained by the owners' association for the benefit of the owner and that may apply to a potential claim or submitted claim;”
O.C.G.A. § 43-17A-7(2) (SB 406 § 2)

Meetings and notice

Owners get notice of member meetings, and a meeting held by the board at least once a year that they can attend.

“Notice of meetings of members in a fair and reasonable manner consistent with the governing documents and the laws of this state;”
O.C.G.A. § 43-17A-7(3) (SB 406 § 2)
“Attend meetings of the members of the owners' association, which shall be called and held by the board of directors at least annually;”
O.C.G.A. § 43-17A-7(4) (SB 406 § 2)

Property, process and amendments

Access to common areas, to your own property, and the process the law requires before any foreclosure. Owners may also amend the governing documents with the approvals the law and the documents require.

“Access to common areas, amenities, and common elements subject to the terms contained in the governing documents;”
O.C.G.A. § 43-17A-7(5) (SB 406 § 2)
“Ingress, egress, and access to their individually owned property;”
O.C.G.A. § 43-17A-7(6) (SB 406 § 2)
“Statutory notice and process requirements under the laws of this state should an owners' association proceed with foreclosure action against an individually owned property;”
O.C.G.A. § 43-17A-7(7) (SB 406 § 2)
“Amend governing documents with the approval thresholds required by the laws of this state and the governing documents;”
O.C.G.A. § 43-17A-7(8) (SB 406 § 2)

How directors behave

Two rights concern the board itself: good faith and the care of an ordinary, prudent person, and disclosing conflicts of interest to fellow directors.

“Expect, unless otherwise provided by the laws of this state, that a director of an owners' association board of directors shall perform his or her duties in good faith and with the degree of care an ordinary, prudent person in a like position would exercise under similar circumstances;”
O.C.G.A. § 43-17A-7(9) (SB 406 § 2)
“Expect directors to disclose to the other directors on the owners' association's board of directors any conflicting interest with respect to a transaction;”
O.C.G.A. § 43-17A-7(10) (SB 406 § 2)

Households and discrimination

The last two rights protect household composition, within the limits stated, and the ability to challenge discriminatory practices.

“Be free from governing documents that interfere with the freedom of residents to determine the composition of their household, except that owners' associations shall have the power, subject to the laws of this state and federal law, to require that all occupants of a household be members of a single housekeeping unit, and to limit the total number of occupants permitted in each individually owned property and its fair share use of the common facilities, including parking; and”
O.C.G.A. § 43-17A-7(11) (SB 406 § 2)
“Challenge discriminatory practices by an owners' association as authorized by the laws of this state or federal law.”
O.C.G.A. § 43-17A-7(12) (SB 406 § 2)

Getting your board ready

A few habits will carry you most of the way.

  • Keep the last three years of balance sheets, budgets, profit and loss statements and bank statements in a single folder.
  • Keep a current certificate of insurance where an officer can send it.
  • Log each written records demand with its date, and answer promptly in writing.
  • Record conflict-of-interest disclosures in the minutes.

What to do next

  1. 1Gather three years of the financial records listed in the first right.
  2. 2Name one officer who handles written records demands.
  3. 3Add a standing “conflicts of interest” line to every board agenda.
  4. 4Share the list of rights with owners at the next annual meeting.

What HomeownerHub does about this

  • Owners get a “Your rights as an owner” page that lists the twelve rights word for word, each linked to where they use it in the app, and a button to request the insurance certificate. It says the rights take effect January 1, 2027 until then.
  • Boards can print a three-year financial packet (balance sheets, income statements, adopted budgets) to answer records requests, and see Georgia’s five-business-day clock on a records request.

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

When do owners’ rights under SB 406 begin?
The Act says it becomes effective on January 1, 2027, except one section about attorney’s fees.
What records can an owner demand?
Association records and accounting records in writing, where the accounting records are the finalized balance sheet, budget, profit and loss statements and bank statements for the past three years.
Can an owner get the insurance certificate?
Yes, on written demand, a copy of the certificate of insurance for insurance obtained for the owners’ benefit that may apply to a claim.
Do these rights apply to condominiums?
The definition of owners’ association covers associations formed under Articles 3 and 6, which means condominiums and property owners’ associations.

Want this handled for your board?

Book a short demo. We load your governing documents and show the Georgia tools on your own rules. The board decides afterwards. We reply within 1 business day.

Six-month free pilot · No auto-conversion · Not legal advice