Proposed Legislation

• Establish an Independent Oversight Commission (Common-Interest Community Commission) 

  • Create a commission with the authority to oversee all types of mandatory home associations (HOA, COA, POA, Co-op).

  • This commission will serve as a central resource for education, dispute resolution, and enforcement.

  • The purpose will be for property owners to bring a complaint against a non-compliant board.

  • Funding via an annual $25 fee from each unit within an association

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• Grant the Commission Necessary Powers

  • Provide the commission with subpoena power to investigate homeowner complaints thoroughly.

  • Grant the commission adjudication enforcement capability, allowing it to issue binding judgments on associations and homeowners.

  • Require that the initial hearing between a homeowner and the association board, conducted by the commission, shall proceed without attorneys present for either party to encourage direct dialogue and reduce procedural barriers.

  • Clarify that any party dissatisfied with the commission's binding judgment must appeal the decision through the appropriate court system; the commission's decision is the final administrative step.

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• Implement a Mandatory Statewide Registration System

  • Require all associations to register with the state (With Secretary of State and the newly created oversight board) annually, providing current contact information for the board and management company.

  • This registry will allow state authorities and homeowners to identify the responsible parties for each community.

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• Enforce Registration with Meaningful Penalties

  • Impose penalties for an association's failure to register annually.

  • The primary penalty must be the suspension of the association's authority to levy fines or liens against homeowners for the entire duration of its unregistered status.

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• Hold Board Members Accountable

  • Include a provision that bans any association officer or board member from serving on the board of any Georgia association for a period of one to three years if they are found by the commission to have willfully and repeatedly failed to comply with state law or the new commission's rulings.

  • Ensure a clear and fair appeals process is available to any board member facing such a ban.

   

• Ensure Election Integrity

  • Guarantee that any member of an association has the right to call for an official audit of any board election.

  • This audit will be conducted by the newly created state commission upon receipt of a member petition meeting a reasonable threshold of signatures.

  • The commission will have the authority to investigate and overturn election results if fraud or significant procedural violations are found.

  • Mandate that all election data and materials, including but not limited to digital ballots, cast vote records, and electronic tally reports, be stored in a secure electronic format and preserved by the association for a minimum period of seven years.

   

• Ensure Transparency of Adjudication Results

  • Mandate that the commission maintain a searchable, public database tracking its adjudication results and rulings against associations.

  • This will allow homeowners and prospective buyers to make informed decisions.

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• Uphold the Integrity of Association Fines

  • Make it illegal for an association to automatically apply a homeowner's regular assessment payment to outstanding fines or fees. Payments must be applied to regular assessments first, ensuring essential community funding is not compromised.

  • Mandate that a fine is only valid if it is based on a clearly written fine schedule that is provided to all homeowners.

  • Require that any new fine or amendment to an existing fine schedule must be officially recorded and distributed to homeowners at least one month before it can be enforced, providing ample time for review and familiarity.

  • Prohibit fines from being counted towards the minimum dollar amount required to initiate foreclosure proceedings, unless that threshold is first met by the accumulation of unpaid regular and special assessments alone.

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• Remedying to the POAA Circular Definition of "Development"

  • Create a clear, non-circular definition of what a "Development" is, likely based on the common-sense understanding of a neighborhood or geographical area.

  • Apply to existing associations. If the fix only applies to new communities, it fails to solve the problem for the thousands of homeowners currently affected.

  • A "Declaration" is defined as a document for a community where every homeowner must be a member.

  • A "Development" is defined as a property that is subject to that same "Declaration".

  • This is illogical. You can't know if you have a "Declaration" without first knowing if you have a "Development", and you can't know if you have a "Development" without first knowing if you have a "Declaration".

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• Amend Association Language Providing Owner Payment Protection

  • Require an association to accept all offered payments before being allowed to foreclose ​

  • Prohibit an association from refusing payment and locking out owners from payment portals in an effort to force a default

  • Prohibit an association from being able to use fines as reason to pursue foreclosure absent of a default in regular assessment dues

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• Ensure Buyer Disclosure Prior to Closing

  • Make it illegal for a closing attorney to facilitate the closing of a property located within an association without first ensuring the buyer has received a complete and current copy of the association's governing documents.

  • These documents must include, at a minimum, the Declaration of Covenants, Conditions, and Restrictions (CC&Rs), the Bylaws, and all Rules and Regulations.

  • The closing attorney must obtain a signed acknowledgment from the buyer confirming receipt of these documents as a mandatory condition for closing.