Georgia bill targets 'aggressive' HOAs with new state oversight

ATLANTA - Help is on the way for homeowners in communities with overly aggressive HOAs. Lawmakers approved a proposal to provide more oversight of homeowners’ associations, placing them under the authority of the Georgia Secretary of State’s office.

What they're saying:

Nicole Reeves says she has been the victim of selective enforcement and exorbitant fines. "I currently have a $1,000 bill on my account for shutters they say need to be painted and a trash can that’s behind my home," said Reeves, who along with her husband and kids, lives in the Walton Hills subdivision of South Fulton.

Reeves says her HOA has unfairly penalized her family for a garbage can. He says her HOA has been overly aggressive. "A lot of financial stress and a lot of financial duress," Reeves said. "We need some sort of oversight."

FOX 5 spoke with Walton Hills HOA president Tamara Chase. She says Reeves’s shutters were not painted and Reeves’s trash can was visible from the street. Chase says the HOA gave warnings to Reeves and gave her 14 days to remedy the issue. Chase says the initial fine was $25. It accrued over about two years.

What we know:

This week, Georgia lawmakers passed a bill to create more oversight for homeowners’ associations. Under the bill, HOAs will fall under the purview of the Georgia Secretary of State.

"Now, they will have oversight," said state Sen. Donzella James, D-Atlanta. "All HOAs would have to register."

Provisions include that HOAs will have to register with the secretary of state's office. That office will have the power to deny, suspend and revoke registrations, and can limit an HOA’s ability to impose fines, liens and foreclosures.

"This will help homeowners a whole lot," said James, who co-sponsored the bipartisan bill with state Sen. Matt Brass, R-Newnan. James says hearing officers and lawyers, with the secretary of state’s office will mediate disputes between homeowners and HOAs. "A person who works for the state of Georgia and would listen to the concern and resolve," she said.

Local perspective:

South Fulton City Councilwoman Linda Pritchett helped bring the issue to the attention of state lawmakers. "It’s really important that citizens are able to live peacefully in their homes that they paid for," she said.

Pritchett says the legislation will help homeowners. "This bill will create regulation, oversight and enforcement," Pritchett said. "And also requires that HOA boards have members who live in the communities, making sure that boards are not just run by one or two people."

"It’s a great step which Georgia homeowners need," said Reeves.

Walton Hills HOA president Chase also says she approves of the bill to bring HOAs under the Georgia Secretary of State’s office.

What's next:

The bill is on its way to the governor’s office. It will go into effect Jan. 1, 2027.