Georgia HOA collections: certified mail, statutory overnight delivery and when the clock starts

Why the delivery method matters

A collections letter is not just a reminder. In Georgia, certain notices are conditions to the next step, and the statute names the delivery method. If the method or the proof is missing, the next step can be challenged.

Certified mail and statutory overnight delivery both leave a paper trail: a tracking number, a record of who signed, and a delivery date. Ordinary first-class mail leaves none of that.

The notice before attorney’s fees

SB 406 adds a requirement that applies before an association may collect or be awarded attorney’s fees. The first item is an initial written notice by certified mail or statutory overnight delivery that identifies the outstanding fines or delinquent fees.

The statute then gives the owner a period measured from receipt. Notice the word: receipt, not mailing.

The notice before foreclosure

Foreclosing a lien for assessments has its own notice. The text in force until the end of 2026 uses 30 days. SB 406 changes it to 60 days from January 1, 2027. In both, the waiting period is counted from when the notice is sent by certified mail or statutory overnight delivery, return receipt requested.

The notice must go to the address of the lot and to any other address the owner has designated to the association in writing. Keep the owners’ designated addresses current, or a notice to the lot alone may not be enough.

What the new notice must say

From 2027, the foreclosure notice must also specify the amount due, the authorized late charges and the interest rate, and must say that payment before the sixtieth day following receipt eliminates the right of foreclosure. That sentence refers to receipt again.

Sent versus received: record both

The statute uses both words. Some periods are counted from when notice is sent. Others from receipt. A board does not have to settle which one controls in every case to protect itself. It has to hold the evidence for both: the mailing date, the tracking number and the delivery date.

Counting from the delivery day is the later date. A board that waits until the delivery date before treating a period as over will not be early under either wording. Whether that is required is a question for your attorney.

What to record for every collections letter

Keep one entry per letter, in the account’s file, with these details.

• Which notice it was: the fee notice or the foreclosure notice.
• The method: certified mail or statutory overnight delivery, return receipt requested.
• The addresses used: the lot and any address the owner designated in writing.
• The tracking number and the date it was mailed.
• The delivery date, and a copy of the return receipt when it comes back.
• The date the waiting period ends, counted from the date you chose with your attorney.

Mistakes boards make

The common ones are sending the notice by regular mail, sending it only to the lot when the owner has designated another address, counting from the day the letter was written, and not keeping the return receipt. Each is avoidable with a log like the one above.

What to do next

1. 1Confirm with your attorney which notice you are sending and which version of the statute applies.
2. 2Check the owner’s designated addresses and add every one to the mailing list.
3. 3Send the notice by certified mail or statutory overnight delivery, return receipt requested.
4. 4Record the method, the addresses, the tracking number and the mailing date.
5. 5Record the delivery date as soon as the carrier shows it, and file the return receipt.
6. 6Count the waiting period from the date you agreed with your attorney, and put the end date on the calendar.

Frequently asked questions

Is certified mail required for the attorney’s-fee notice?

The statute’s text names certified mail or statutory overnight delivery for the initial written notice. See the quote above.

Does the 30-day fee period run from mailing or receipt?

The statute’s text gives the owner 30 days from the receipt of the notice. See the quote above.

Does the foreclosure waiting period run from mailing or delivery?

The text quoted above counts from when notice is sent. Another sentence refers to payment before the sixtieth day following receipt. Ask your attorney how both apply.

What if the owner designated another address?

The foreclosure text names both the address of the lot and any other address the owner designated to the association in writing.

Does the statute change on January 1, 2027?

The foreclosure notice period goes from 30 to 60 days under SB 406, with the revised text quoted above.