Brass Champions HOA Reform Bill Signed Into Georgia Law

After four years of work and complaints from frustrated homeowners across Georgia, State Sen. Matt Brass successfully pushed sweeping homeowners association reform legislation through the General Assembly this year, culminating in Gov. Brian Kemp signing Senate Bill 406 into law on May 12.

The measure, known as the Georgia Property Owners’ Bill of Rights Act, creates new transparency requirements and establishes a state complaint process for homeowners associations, condominium associations, and property owners associations.

Brass, a Newnan Republican representing Senate District 6, said the legislation grew out of years of hearing from constituents who felt powerless against aggressive or opaque HOA boards.

“I’ve been working on it for like four years,” Brass said during an interview with The Citizen. “I knew we were going to take a big step. I wanted to make sure we were taking the right step.”

The bill passed unanimously in the Georgia Senate and with only 10 dissenting votes in the House.

“There was no accountability”

Brass said homeowners repeatedly told lawmakers they had little practical recourse when disputes arose with their HOA boards.

“We heard a lot of issues around the state on people wanting to go to court against their HOA and couldn’t because they couldn’t find a lawyer or couldn’t afford a lawyer,” Brass said.

Under current law, many HOA disputes can only be challenged in Superior Court — a process that often requires attorneys and significant legal costs.

Brass said that left some homeowners effectively trapped.

“It was usually HOA boards where you got a rogue board member wanting to get power hungry or whatever,” Brass said. “There was no accountability.”

Under Senate Bill 406, homeowners will be able to file complaints through the Georgia Secretary of State’s Office. Hearing officers will review disputes and determine whether fines or penalties comply with HOA covenants and governing documents.

If either side disagrees with the ruling, the matter can then move to Magistrate Court before eventually reaching Superior Court.

“This offers two levels before you ever have to go to Superior Court,” Brass said. “Usually in Magistrate Court you don’t have lawyers.”

The law also requires HOAs to register with the Secretary of State’s Office if they want to collect fines or fees, record liens, or pursue foreclosure proceedings. Associations will have to file officer information, governing documents, financial records, and covenants with the state.

Brass said many homeowners previously struggled even to obtain basic financial records from their associations.

“There’s laws on the books for transparency,” Brass said. “Meaning if you request your HOA’s financials, by law they have to give it to you. But we heard a lot of instances of them not giving it to their members, and then the only way the members can get it is to go to court.”

Stories of foreclosure abuse

One of the most troubling issues Brass said lawmakers encountered involved HOA foreclosures.

“I didn’t know this until I got into it, but if you owed your HOA $2,000 they could foreclose on your home,” Brass said.

According to Brass, lawmakers heard stories of homeowners who continued paying their regular HOA dues while disputing fines and attorney fees that accumulated rapidly.

Some eventually lost their homes.

“We were hearing people are getting fined and fees, they’re paying their dues the whole time, but arguing against the fines,” Brass said. “Once they accrued up the $2,000 bucks, then people come in and foreclose on it, and then they turn around and go buy it on courthouse steps for pennies on the dollar.”

Brass described some of the situations lawmakers uncovered as “awful stuff going on.”

Under the new law, foreclosure is barred unless unpaid dues reach at least the lesser of $4,000 or 12 months of regular assessments, but not less than $2,000. Importantly, fines and attorney fees cannot count toward that threshold.

“The only thing that can count toward that number is dues,” Brass said. “Fines and fees cannot count toward that number.”

The legislation also creates new notice requirements before attorney fees can be added to HOA violations.

Brass said homeowners sometimes received relatively minor fines — such as for failing to mow grass — only to later see legal fees multiply the amount owed several times over.

“You might get a $100 fine for not cutting your grass, well then they would get $300 on top of it because the letter came from the lawyer,” Brass said. “So they get a $400 fine for not cutting their grass.”

Under the new law, homeowners must first be given an opportunity to pay the underlying fine before attorney fees can be added, and HOAs must clearly disclose what legal costs may apply.

“That’s transparency,” Brass said.

Targeting bad actors

Brass said the legislation was carefully written to avoid punishing well-run associations while still creating consequences for abusive practices.

“There’s plenty of HOAs out there that everybody gets along fine and everybody does what they’re supposed to do,” Brass said. “I wanted it to be something where we’re going after the bad actors without punishing the good actors.”

Most attorney-fee provisions in the law take effect July 1, 2026. The broader registration and reporting requirements begin January 1, 2027.

Brass represents all of Coweta and Heard counties and portions of Carroll County in the Georgia Senate. Outside the legislature, he works as a partner at Lott Metal & Commercial Roofing.