[NEWS] Georgia's New HOA "Bill of Rights" Takes Effect Jan. 1, 2027 & Minnesota Just Enacted Its Own

HOATalkNews (Other)
Posts: 5

Posted:

Within six days of each other in May 2026, Georgia and Minnesota each signed sweeping new HOA laws — the two most prominent state "Owners' Bills of Rights" so far this year, though they took notably different approaches.

Georgia (signed May 12, 2026): The Property Owners' Bill of Rights Act creates a new state complaint system — HOAs must register with the Secretary of State, and owners can file complaints that a hearing officer investigates, which automatically pauses collection on the disputed fine. The foreclosure minimum roughly doubles, to $4,000 (or 12 months of assessments). Attorney's-fee limits started July 1, 2026; registration and the complaint process take effect January 1, 2027.

Minnesota (signed May 18, 2026): Rather than a new agency, SF 1750 rewrites rights directly into the state's existing Common Interest Ownership Act: fines capped at $100 per violation, competitive bidding required on contracts over $50,000, and the threshold to dissolve certain communities lowered from 80% to 67%. Most provisions also take effect January 1, 2027.

Georgia's sponsor, State Sen. Donzella James, told WhoWhatWhy she's already fielding "interest from Pennsylvania, Texas, and other states" about similar legislation, though neither has filed a bill yet. Florida tried its own version this year — the House passed a comparable oversight overhaul 108–2, but per Senate records it died in the Rules Committee on March 13, 2026, without a floor vote.

Discussion Starter:
Would a law modeled on Georgia's or Minnesota's change anything for your community — or does your state need a different fix?

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Sources: Georgia SB 406, signed bill text Governor's Office; Minnesota 2026 Session Laws, Chapter 82 / SF 1750 Office of the Revisor of Statutes; Atlanta News First (Georgia signing coverage); WhoWhatWhy (multi-state interest); Florida House Bill 657 status Florida Senate.

For general information only; not legal, financial, or professional advice. See our Terms.

SheliaH (Indiana)
Posts: 6,967

Posted:

First, may I say publishing this type of information is great for the website! Keep it up – hopefully people will know in advance what’s coming down the pike and prepare for it instead of getting blindsided. Even if your state doesn’t have anything similar (some may be more pressive or backward than others), the board can still consider making a similar rule or proposing a CCR for homeowner approval.

Now, for one person’s observations

For Georgia:

• The complaint system looks ok, but I hope this doesn’t address foreclosure (those are different than a fine for not picking up after your dog!)

• The foreclosure threshold ($4K or 12 months of regular assessments) makes sense because most HOAs have already tried to resolve non-payment through liens and lawsuits. If the board has kept track of non-payment, it may not take that long before you hit the $4K threshold. I’m ok with the payment priority, starting with regular dues and putting fines last. The goal of fines should be to get people a reason not to violate the rules (the threat of one’s wallet being lightened to pay them usually does it)

• I have no problem with HOAs providing itemized statements of attorney’s fees. Our board insists on it in our letter of engagement with our attorney, so why shouldn’t the homeowner have the same information? Maybe it’ll encourage them to open the bloody letter and respond in a timely manner.

That said, I don’t like the judicial review of fee reasonableness before charging attorney costs to an owner because that’s too subjective. No one wants to pay attorneys fees, which is understandable, but if you had to spend resources chasing people all over the city, county, or state (and sometimes country), why shouldn’t that homeowner pay for that. And if you think fees are “unreasonable,” shouldn’t you try to avoid them by coming to the association to negotiate a payment plan from the beginning

• The record retention for at least 10 years is a good idea. Good HOAs should already be doing this and with cloud storage, this shouldn’t be a major issue. Just be sure you have a good document retention policy and you’ve reviewed with your association attorney and master insurance policy carrier. You may think certain documents aren’t important, but it’s usually those that have the information that will get everyone in trouble if they disappear for good

I also see most of these rules take effect 1/1/27, but the attorneys fee and reasonableness review took effect July 1.

For Minnesota (definitions took effect on May 13, the day after it was signed; and everything else takes effect 1/1/27)

• HOAs must now give at least 21 days’ notice and a review period before adopting, amending or revoking rules. I assume this wouldn’t apply to CCRs, which usually require homeowner approval anyway. I’ve always said HOA boards should do their homework and ask homeowners if certain rules are effective, can be dropped or revised, and what the revisions could be. Come up with a draft, let people comment, revise as needed and then do a vote in an open meeting and notify owners (in writing) of the effective date. In most cases, 30 days should be sufficient and you could also put in a grace period to give homeowners time to fix certain problems before enforcement takes effect

• Single violation fines can’t exceed $100 (there are exceptions for safety, repeat offenses or property damage). Also limits unfair late fees or attorney fee structures. I don’t like words like “unfair” because they’re too subjective. My community has said for years “if your assessment hasn’t been received by close of business (5 pm) on the due date, it’s considered late, regardless of how it’s received.” People can walk it in, pay online or use snail mail and we’ve suggested allowing at least 5 business days. The key is to check the calendar vs. your paycheck (because the bills always come in just before you receive it!) so you’ll know how to time it.

• HOA board members and property managers are prohibited from participating in discussions or votes where they hold a financial stake or potential kickback. I agree, but I hope there are examples of what constitutes this. This is why I think boards need a formal conflict of interest policy and it wouldn’t hurt to write something to this effect in the property management contract.

• Retaliation against unit owners is banned and there are tighter restrictions on foreclosures stemming purely from minor fines. I don’t think any foreclosure should ensue from fines. For the retaliation piece, I hope the law defines retaliation so you avoid people screaming “retaliation!” just because they got a violation letter.

As for my state, it tends to be all over the place when it comes to HOA law (along with everything else), but I like rules that encourage transparency, like the conflict of interest rule in Minnesota and the itemized attorney fee schedule in Georgia. I would hope many HOAs consider adopting similar policies because they make sense and not because they’re mandated to do it.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius