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Georgia HOA collections notice: checklist and fill-in notice
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Use this when an owner is behind and the board is thinking about attorney’s fees or a lien. The checklist follows the statute, and each item says whether it comes from the statute or is our suggestion. The notice that follows is the first written step: it names what is owed, gives the owner 30 days to pay, and leaves every amount, date and rule number as a blank.
Print the page, fill in the brackets from your own ledger and documents, and have your attorney review the notice once. Keep that version as your master copy. This is a template, not legal advice. It is not the separate notice before foreclosure, which has its own contents and which your attorney should prepare.
- Best practiceConfirm the account is delinquent and every amount matches the ledger.List each charge, the date it was due, and the section of your documents that authorizes it.
- StatuteDecide whether an emergency exception applies.The statute excepts circumstances necessitated by emergency conditions involving public safety or the preservation of property. If you think one applies, ask your attorney. Otherwise continue.
- StatuteFrom January 1, 2027: confirm the association is registered with the Secretary of State.An unregistered association may not collect fines or fees from an owner, or file liens or start foreclosure.
- StatuteFrom January 1, 2027: confirm no complaint to the Secretary of State covers these fines or fees.A complaint acts as an automatic stay on collecting the fines or fees it covers or relates to.
- StatuteWrite an initial written notice that identifies each outstanding fine or delinquent fee.The notice below has a numbered list for this. One line per item, each with a date and an amount you fill in.
- StatuteSend it by certified mail or statutory overnight delivery, from the association or its agent, to the lot owner.Ordinary first-class mail does not match the statute’s words.
- StatuteGive the owner 30 days from receipt of the notice to pay.Count from the day the owner receives it, not the day you mail it.
- Best practiceSave the proof of delivery with the account, and put day 30 after receipt on the calendar.Receipt date, tracking number, who signed.
- StatuteCharge late fees and interest only to the extent your instrument provides.The statute sets outer limits on both, and only applies them “to the extent that the instrument provides.” See our late fee guide.
- StatuteDo not claim attorney’s fees until the statute’s steps are done, including an itemized list of the reasonable fees claimed.Hours, rates and tasks, not a lump sum. If the balance is still unpaid after the 30 days, have your attorney prepare it.
- StatuteFor a foreclosure, plan a separate notice with your attorney.It has its own minimum notice period (30 days to the end of 2026, 60 days from January 1, 2027), its own delivery method and its own contents. See the quotes at the bottom of the page.
- Best practiceHave the board approve the notice, record the approval in the minutes, and have your attorney review it.
The notice
Replace each [bracket]. Delete any line your documents or your attorney do not support. Nothing here sets an amount for you.
[Association name]
[Association mailing address]
[Date]
Sent by [certified mail / statutory overnight delivery]. Tracking number: [number]
[Owner name(s) as they appear in your records]
[Lot or property address] ([Lot number])
Re: Initial written notice of outstanding fines or delinquent fees, account [account number]
Dear [Owner name],
The board of [Association name] is writing about the property at [address]. Our records show the following outstanding fines or delinquent fees:
1. [Description: assessment, late charge, fine or fee]. Due [date]. Amount: [amount].
2. [Description]. Due [date]. Amount: [amount].
3. [Description]. Due [date]. Amount: [amount].
Total outstanding as of [date]: [total].
Each item is charged under [section number and name of the declaration, bylaws, rules or board resolution that authorizes it].
You have 30 days from the day you receive this notice to pay the amount above. Please pay to [payee] by [how to pay: address, portal or other method].
If you believe an item is wrong, or you would like to talk about how to pay, please write to [name and title] at [email or address], or call [phone], by [reply date], and tell us.
[Include only if your attorney approves: If the balance remains unpaid after this period, the association may take the further steps its governing documents and Georgia law allow.]
This letter is a request to resolve the account. Thank you for helping us keep the community a good place to live.
Sincerely,
[Name], [title]
On behalf of the Board of Directors of [Association name]
The statute behind the 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:”
“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;”
“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”
“An itemized list of reasonable attorney’s fees claimed.”
“To the extent that the instrument provides, the personal obligation of the lot owner and the lien for assessments shall also include:”
“A late or delinquency charge not in excess of the greater of $10.00 or 10 percent of the amount of each assessment or installment thereof not paid when due;”
“At a rate not in excess of 10 percent per annum, interest on each assessment or installment thereof and any delinquency or late charge pertaining thereto from the date the same was first due and payable;”
“Not less than 30 days after notice is sent by certified mail or statutory overnight delivery, return receipt requested, to the lot owner both at the address of the lot and at any other address or addresses which the lot owner may have designated to the association in writing, the lien may be foreclosed by the association by an action, judgment, and court order for foreclosure in the same manner as other liens for the improvement of real property”
“Not less than 60 days after notice is sent by certified mail or statutory overnight delivery, return receipt requested, to the lot owner both at the address of the lot and at any other address or addresses which the lot owner may have designated to the association in writing, the lien may be foreclosed by the association by an action, judgment, and court order for foreclosure in the same manner as other liens for the improvement of real property”
“The notice provided for in this subsection shall specify the amount of the assessments then due and payable together with authorized late charges and the rate of interest accruing thereon and shall state that payment of such amount prior to the sixtieth day following receipt of the notice will eliminate the right of foreclosure.”
“Section 7 of this Act shall become effective on July 1, 2026, and shall apply to all actions filed on or after such date.”
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 HomeownerHub does about this
- The collections-letter page drafts the Georgia fee notice and the notice before foreclosure for the board to approve. A letter that claims attorney’s fees stays blocked until the fee notice has gone out. The app does not record when the owner received a notice, so keep your own delivery receipts.
- From January 1, 2027 the notice before foreclosure can be drafted with the 2027 wording, a 60-day notice listing assessments, late charges and interest only.
- 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.
Questions
- Is this the notice before a foreclosure?
- No. This notice is the first written step, and it is the one SB 406 § 7 asks for before an association may collect or be awarded attorney’s fees. The notice before a lien foreclosure is a separate notice under § 44-3-232(c), with a longer minimum period from January 1, 2027. Your attorney should prepare it.
- Does the association need this notice if it is not claiming attorney’s fees?
- The § 7 text applies before an association may collect or be awarded attorney’s fees. Your documents may still require a notice before late charges, fines or other steps, so read them, and ask your attorney if you are unsure.
- Can we send the notice by regular mail or email?
- The statute’s words are certified mail or statutory overnight delivery. Ordinary mail and email do not match them, so use one of those two and keep the proof of delivery.
- When did the attorney’s-fee rule start?
- The Act says Section 7 became effective on July 1, 2026 and applies to all actions filed on or after that date.
- Does the notice have to list a late fee or interest?
- The § 7 text asks the notice to identify any outstanding fines or delinquent fees. Whether you may charge a late fee or interest at all, and how much, depends on your instrument and on the limits in our late fee guide.
Keep reading
- GuideGeorgia HOA attorney’s fee notice explainedBefore a Georgia association can collect or be awarded attorney’s fees, it must send an initial written notice by certified mail or statutory overnight delivery.
- Free toolAttorney’s-fee notice checklist (printable)A one-page checklist for the notice Georgia requires before an association can collect attorney’s fees.
- GuideGeorgia HOA foreclosure threshold 2027 guideUntil December 31, 2026: 30 days’ notice, a $2,000 minimum lien, and a four-year lien.
- GuideGeorgia HOA late fee limit: what is allowedA Georgia HOA may charge a late fee only to the extent its governing instrument provides for one.
- GuideGeorgia HOA special assessment rulesSB 406 defines a special assessment as one for costs outside the regular operating budget, such as legal costs and nonroutine or emergency repairs, renovations and other capital projects.