Does a small Georgia HOA have to register?

The definition in the Act covers any nongovernmental association of owners where recorded covenants apply, and the text we quote has no size exemption. Ask your attorney about your specific association.

How much does Georgia HOA registration cost?

The statute sets the fee at $100 for the initial registration statement and for each annual renewal.

When do we have to renew?

Each registration statement expires on December 31 of each year, and the renewal application is due by that date.

We changed our board. Do we have to file again?

A change in officers requires an amended registration statement within 30 days.

Can an unregistered HOA still collect dues?

The statute bars an unregistered association from collecting fines or fees, filing liens or starting foreclosure. Regular dues are not named in that sentence, but liens and foreclosure are how most boards enforce them, so talk to your attorney before relying on any gap.

SB 406 · Registration

Georgia HOA registration in 2027: what SB 406 asks of your board

Updated October 26, 2026 · For volunteer boards

The short version

From January 1, 2027, an owners’ association must be registered with the Georgia Secretary of State, or must opt out in writing.
Registration means a signed statement, your governing documents, a financial statement dated within a year, and a $100 fee.
You renew every year by December 31 and file an amended statement within 30 days of a change of officers.
An unregistered association may not collect fines or fees, file liens or start foreclosure.

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.

What changes on January 1, 2027

SB 406 is the “Georgia Property Owners’ Bill of Rights Act.” Most of it takes effect on January 1, 2027. The definition of an owners’ association is broad: it reaches neighborhood HOAs and condominium associations alike, and the Act has no size exemption in the text we quote here.

The core rule is short. If you operate an owners’ association, you register with the Secretary of State.

“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)

“including, but not limited to, associations formed pursuant to Articles 3 and 6 of Chapter 3 of Title 44 and; provided, however, that such term shall not include nonregistered owners' associations.”

O.C.G.A. § 43-17A-1(6) (SB 406 § 2)

“No person shall operate an owners' association in this state unless such person is registered under this chapter as an owners' association.”

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

What the board has to file

The registration statement is signed by an authorized officer or representative. The Secretary of State prescribes the form, so check its website for the current version before you file. The statute sets the minimum content.

The association’s name, address and officers.
A copy of the governing documents: declaration, bylaws, articles of incorporation and any rules the board has adopted.
A financial statement of the association dated no more than one year before you file.
The filing fee: $100 for the first registration and for each yearly renewal.

“Each owners' association shall file with the Secretary of State a copy of the governing documents of the owners' association with a registration statement on a form as prescribed by the Secretary of State that shall be signed by the applicant, who shall be an authorized officer or representative of the owners' association.”

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

“That each registration statement include a financial statement of the owners' association dated no more than one year prior to filing.”

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

“The fee for filing of an owners' association's initial registration statement and each annual renewal shall be $100.00.”

O.C.G.A. § 43-17A-2(e) (SB 406 § 2)

Renewals, changes and record keeping

Registration is not one and done. It expires every December 31, so a calendar reminder matters more than it sounds. If your officers change, or your name or address changes, you have 30 days to file an amended statement. Boards that turn over every year or two should make “file the amendment” part of the handover checklist.

The Act also sets a record rule. Keep your records of assessments, fines, fees, liens and foreclosures for at least ten years, and tell the Secretary of State where they are kept if the address differs from the one on your registration.

“Each registration statement issued pursuant to this Code section shall expire on December 31 of each year and each owners' association shall annually submit to the Secretary of State by such date a renewal application containing the information required for a registration statement in subsection (a) of this Code section.”

O.C.G.A. § 43-17A-2(c) (SB 406 § 2)

“In the event of a change in name, address, officers, or other change which materially affects the business and control of an owners' association, the owners' association shall within 30 days file an amended registration statement with the Secretary of State.”

O.C.G.A. § 43-17A-2(d) (SB 406 § 2)

“An owners' association shall maintain for not less than ten years at an office located in this state or, if it has no office in this state, its principal office all records, including electronic records and records in any other format, relating to any assessments, fines, fees, liens, and foreclosures.”

O.C.G.A. § 43-17A-2(g) (SB 406 § 2)

What happens if you do not register

The statute attaches real consequences. An association that is not registered may not collect fines or fees, file or record liens, or start foreclosure. For a board that relies on a lien to collect unpaid dues, that is the part to take seriously.

“Subject to subparagraph (B) of this paragraph, no owners' association or its agent shall collect fines or fees against any owner, or file or record liens or initiate foreclosure proceedings against any lot unless such owners' association is registered pursuant to this Code section.”

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

The opt-out, and why it is a big decision

An association may instead tell the Secretary of State in writing that it elects not to register. That association is then “nonregistered.” The price is steep: a nonregistered association may not assess or collect fines, fees or accelerated assessments from any owner.

Whether opting out makes sense depends on how your association collects money and enforces rules. It is a decision for the board and the association’s attorney, made on the record, not by default.

“An entity that would otherwise constitute an owners' association may by written notice to the Secretary of State elect not to register under this chapter as an owners' association or otherwise to comply with this chapter and thereby shall be deemed a nonregistered owners' association.”

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

“No nonregistered owners' association or its agent shall assess or collect fines or fees or accelerated assessments against any owner.”

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

A sensible order of work

Nothing here is a substitute for your attorney’s advice, but most volunteer boards can get ready in a handful of evenings if they take the pieces in order.

Decide, at a board meeting, whether to register or opt out, and write the decision into the minutes.
Gather the governing documents and confirm you have the recorded, current versions.
Produce a balance sheet and income statement dated within the past year.
Choose the authorized officer who will sign, and confirm the officer list is current.
Put the December 31 renewal and the 30-day amendment rule on the board calendar.

What to do next

1Put “register or opt out” on your next board agenda and record the vote.
2Collect the governing documents and a financial statement that is less than a year old.
3Check the Secretary of State’s website for the current form and any rules.
4Ask your attorney whether anything in your documents affects the filing.
5Take the free SB 406 readiness check to see what else is open.

What HomeownerHub does about this

The SB 406 registration kit helps the board decide between registering and opting out, fills in a filing sheet from your records, prints a documents checklist, and records each filing, renewal and amendment. It does not file anything for you.
From January 1, 2027, an unregistered Georgia association in the app cannot issue fines, send collection letters that list fines or fees, or record a lien without a logged override.

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

Does a small Georgia HOA have to register?: The definition in the Act covers any nongovernmental association of owners where recorded covenants apply, and the text we quote has no size exemption. Ask your attorney about your specific association.
How much does Georgia HOA registration cost?: The statute sets the fee at $100 for the initial registration statement and for each annual renewal.
When do we have to renew?: Each registration statement expires on December 31 of each year, and the renewal application is due by that date.
We changed our board. Do we have to file again?: A change in officers requires an amended registration statement within 30 days.
Can an unregistered HOA still collect dues?: The statute bars an unregistered association from collecting fines or fees, filing liens or starting foreclosure. Regular dues are not named in that sentence, but liens and foreclosure are how most boards enforce them, so talk to your attorney before relying on any gap.

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