Information Related to the
Georgia Senate Rules
Subcommittee on HOAs
The Georgia Senate Rules Committee has formed a subcommittee to investigate issues caused by predatory and abusive HOAs.
As stated in the Senate press release, found HERE:
"The subcommittee will examine homeowners associations (HOAs), which are
organizations in residential communities responsible for enforcing rules and regulations, maintaining common areas and managing community services across Georgia.
Upon its conclusion, it will ensure these entities comply with state law
and uphold residents’ constitutional rights."
I was honored to be invited by Senator Brass to speak at the subcommittee's first meeting on September 24, 2024. This page contains the full recording of the meeting, my materials, pertinent notes and quick info, and any media coverage that I found of the meeting. Please do feel free to send me any additional resources to post.
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A second meeting occurred on Tuesday, October 22, 2024. Details forthcoming.
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The Urban Affairs Committee, chairperson Senator Donzella James, will hold a meeting on Thursday, October 31, 2024 starting at 11:00 a.m. CLICK HERE for details.
Full Recording of Senate Rules Subcommittee Meeting on Homeowners Associations, Sept. 24, 2024
Forward the video to 19:50 when the meeting starts.
I am the first speaker, and my presentation lasts until 46:00. I encourage you to watch those which follow as they are poignant, compelling, horrifying, heartbreaking, and further prove that something MUST be done to stop predatory and abusive HOAs.
Media Coverage and Press Releases
Current Georgia Bills (Same info as is on "Georgia Legislation" Page)
2023-2024 Regular Session; as of 5/30/2024
These Bills apply to:
Title 44 (Property), Chapter 3 (Regulation of Specialized Land Transactions)
Article 3 (Condominums) and/or
Article 6 (Property Owners’ Associations)
1) SB 29
Property Owners' Associations; certificates of good standing for payment of annual assessments; provide.
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James, Donzella
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Sims, Freddie Powell
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Harbison, Ed
Summary:
“A BILL to be entitled an Act to amend Article 6 of Chapter 3 of Title 44 of the Official Code of Georgia Annotated, relating to property owners' associations, so as to provide for certificates of good standing for payment of annual assessments; to require associations to offer to participate in alternative dispute resolution prior to the effectuation of a lien on a lot for unpaid assessments; to provide that such a lien shall be inferior to liens for unpaid medical bills; to provide for alternative dispute resolution policies and requirements therefor; to provide for a definition; to provide for related matters; to provide for applicability; to repeal conflicting laws; and for other purposes.”
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2) SR 37
Senate Property Owners' Associations, Homeowners' Associations, and Condominium Associations Study Committee; create.
Sponsors:
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James, Donzella
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Rhett, Michael 'Doc'
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Sims, Freddie Powell
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Harbison, Ed
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Summary:
“A RESOLUTION creating the Senate Property Owners' Associations, Homeowners' Associations, and Condominium Associations Study Committee; and for other purposes.”
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3) HB 145
Property owners' associations; certificates of good standing for payment of annual assessments; provide.
Sponsors:
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Lewis-Ward, Regina
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Drenner, Karla
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Frye, Spencer
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Wilkerson, David
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Schofield, Kim
Summary:
“A BILL to be entitled an Act to amend Article 6 of Chapter 3 of Title 44 of the Official Code of Georgia Annotated, relating to property owners' associations, so as to provide for certificates of good standing for payment of annual assessments; to require associations to offer to participate in alternative dispute resolution prior to the effectuation of a lien on a lot for unpaid assessments; to provide that such a lien shall be inferior to liens for unpaid medical bills; to provide for alternative dispute resolution policies and requirements therefor; to provide for a definition; to provide for related matters; to provide for applicability; to repeal conflicting laws; and for other purposes.”
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4) SB 148
Nonprofit Corporations; comprehensively revise, simplify, and modernize said chapter. Passed 5/02/23.
Sponsors:
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Kennedy, John F.
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Strickland, Brian
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Gooch, Steve
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Robertson, Randy
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Anavitarte, Jason
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Beach, Brandon
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Still, Shawn
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Watson, Ben
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Kirkpatrick, Kay
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Anderson, Lee
Summary:
“A BILL to be entitled an Act to amend Chapter 3 of Title 14 of the O.C.G.A., relating to nonprofit corporations, so as to comprehensively revise, simplify, and modernize said chapter; to provide for construction of said chapter; to provide definitions that clarify, shorten, and simplify the chapter and allow corporations flexibility in their articles and bylaws;to amend Code Section 8-2-42 of the O.C.G.A., relating to bribery of property or association managers regarding claims for damages arising out of construction defects prohibited and procedure for bringing action to remedy construction defects, to amend Code Section 14-5-40 of the O.C.G.A., relating to applicability of Chapter 3 of Title 14, so as to conform a cross-reference; to provide for related matters; to repeal conflicting laws; and for other purposes.”
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5) HB 220
Property; means of enforcement of condominium and property owners' association instruments, rules, and regulations; provide.
Sponsors:
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Leverett, Rob 123rd
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Smith, Tyler Paul
Summary:
“A BILL to be entitled an Act to amend Title 44 of the Official Code of Georgia Annotated, relating to property, so as to provide for means of enforcement of condominium and property owners' association instruments, rules, and regulations; to provide for compliance with, and means of enforcement of, covenants and instruments for certain planned subdivisions; to provide for related matters; to repeal conflicting laws; and for other purposes.”
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6) HB 303
Property; protections for homeowners, condominium owners, and property owners in community associations; provide.
Sponsors:
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Davis, Viola
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Beverly, James
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Scott, Sandra
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Schofield, Kim
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Taylor, Rhonda
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Mitchell, Billy
Summary:
“A BILL to be entitled an Act to amend Chapter 3 of Title 44 of the O.C.G.A., relating to regulation of specialized land transactions, so as to provide for protections for homeowners, condominium owners, and property owners in community associations; to provide for related matters; to repeal conflicting laws; and for other purposes.”
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7) HB 355
Property owners' associations; creating or enforcing covenants which infringe on a lot owners' right to use natural gas or solar energy device; prohibit.
Sponsors:
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Carpenter, Kasey
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Tarvin, Steve
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Washburn, Dale
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Gullett, Joseph
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Bonner, Josh
Summary:
“A BILL to be entitled an Act to amend Article 6 of Chapter 3 and Article 3 of Chapter 5 of Title 44 of the Official Code of Georgia Annotated, relating to property owners' associations and covenants and warranties, respectively, so as to prohibit property owners' associations from creating or enforcing covenants which infringe upon a lot owner's right to use natural gas or to install or use a solar energy device; to provide for definitions; to provide for exceptions; to provide for applicability; to provide for related matters; to repeal conflicting laws; and for other purposes.”
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8) SB 356
Specialized Land Transactions; protections of homeowners in community associations; provide.
Sponsors:
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James, Donzella
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Rhett, Michael 'Doc'
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Davenport, Gail
Summary
“A BILL to be entitled an Act to amend Chapter 3 of Title 44 of the O.C.G.A., relating to regulation of specialized land transactions, so as to provide for protections of homeowners in community associations; to revise provisions concerning the foreclosure of liens by condominium associations and property owner's associations; to provide definitions; to provide for annual registration of community associations and related fees; to provide for applicability; to provide for related matters; to repeal conflicting laws; and for other purposes.”
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9) HB 522
Property owners' associations; creating or enforcing covenants which infringe upon a lot owner's right to install a solar energy device or display the United States flag; prohibit.
Sponsors:
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Frye, Spencer
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Drenner, Karla
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Washburn, Dale
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Romman, Ruwa
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Gullett, Joseph
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Ridley, Jason
Summary:
“A BILL to be entitled an Act to amend Article 6 of Chapter 3 and Article 3 of Chapter 5 of Title 44 of the Official Code of Georgia Annotated, relating to property owners' associations and covenants and warranties, respectively, so as to prohibit property owners' associations from creating or enforcing covenants which infringe upon a lot owner's right to install a solar energy device or to display the United States flag; to provide for definitions; to provide for exceptions; to provide for applicability; to provide for related matters; to repeal conflicting laws; and for other purposes.”
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10) HB 885
Community Association Transparency and Protection Act; enact.
Sponsors:
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Alexander, Kimberly
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Bruce, Roger
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Thomas, Mandisha A.
Summary:
“A BILL to be entitled an Act to amend Chapter 3 of Title 44 of the O.C.G.A., relating to regulation of specialized land transactions, so as to provide for protections for homeowners, condominium owners, and property owners in community associations; to provide for a short title; to provide for definitions; to require declarants, developers, or other establishing entities to provide for budgets and reserve account funding for maintenance of community amenities; to require performance and maintenance bonds for community amenities; to implement requirements and procedures for turnover and transition from declarants, developers, or other establishing entities to property owners comprising the community association; to provide for civil causes of action for violations; to provide for civil penalties for violations and the recovery of litigation costs; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.”
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11) HB 962
Transparency and Accountability in Asset Forfeiture Act; enact.
Sponsors:
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Scott, Sandra
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Davis, Viola
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Schofield, Kim
Summary:
“A BILL to be entitled an Act to amend Chapter 14 of Title 16 of the Official Code of Georgia Annotated, relating to racketeer influenced and corrupt organizations, so as to provide that the Office of the Attorney General establishes and maintains a public website regarding seized and forfeited property; to provide a short title; to provide for applicability; to provide for definitions; to provide for reporting requirements; to provide for violation and penalty; to provide for exemptions in certain circumstances; to provide for reports; to provide for the disbursement of funds; to provide for fees; to provide for disclosure; to provide for related matters; to repeal conflicting laws; and for other purposes."
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12) HB 1032
Property Owner Rights and Accountability Act; enact.
Sponsors:
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Scott, Sandra
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Davis, Viola
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Schofield, Kim
Summary:
“A BILL to be entitled an Act to amend Chapter 3 of Title 44 of the Official Code of Georgia Annotated, relating to regulation of specialized land transactions relative to property, so as to repeal certain provisions for liens on condominiums and lots related to collection of property association fees and assessments; to provide a short title; to make conforming changes related to certain liens; to provide for related matters; to repeal conflicting laws; and for other purposes.”
13) HB 1308 NEW
Property; protections for homeowners, condominium owners, and property owners in community associations; provide.
Sponsors:
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Holly, El-Mahdi
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Bell, Eric
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Hutchinson, Shelly
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Glaize, Lydia
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Park, Sam
Summary:
“A BILL to be entitled an Act to amend Chapter 3 of Title 44 of the Official Code of Georgia Annotated, relating to regulation of specialized land transactions, so as to provide for protections for homeowners, condominium owners, and property owners in community associations; to provide for civil causes of action for violations; to provide for civil penalties for violations and the recovery of litigation costs; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes.”
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14) HB 1321 NEW
Property; prohibit homeowners' associations from preventing property owners from installing solar energy devices; provisions.
Sponsors:
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Bell, Eric
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Holland, Betsy
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Sharper, Dexter
Summary:
“A BILL to be entitled an Act to amend Title 44 of the Official Code of Georgia Annotated, relating to property, so as to prohibit condominium associations, property owners' associations, and homeowners' associations from preventing property owners from installing solar energy devices on common roofs or roof structures; to provide for burden of costs for removal and reinstallation of solar energy devices to allow for repair of common roofs or roof structures; to provide for definitions; to provide for related matters; to repeal conflicting laws; and for other purposes.”