Three Georgia state representatives have introduced legislation aimed at stripping homeowners associations (HOAs) of their ability to foreclose on homes while and giving residents a direct vote on whether to dissolve their associations.
State Reps. Sandra Scott, Viola Davis and Kim Schofield introduced the two bills in late January. Each are now moving through House committees, according to reporting from local news outlet WRDW reported.
The proposals come amid mounting complaints from homeowners who say fines and legal fees imposed by HOAs have spiraled into liens and foreclosure threats.
Under current Georgia law, an HOA may file to foreclose when a homeowner owes more than $2,000. Fines often stem from violations such as not pressure washing a home, leaning mailboxes, faded shutters or grass deemed too long.
Georgia has no comprehensive statewide oversight of HOAs and no agency tasked with regulating them, the report explained.
“I don’t know how lawmakers can bury their head in the sand when people are hurting,” Schofield told WRDW. “When we get the amount of calls and emails that have been spiraling down here, it is time for other lawmakers to step up.”
One proposal is H.B. 1036, the Property Rights Through the Ballot Act. It would allow homeowners to vote on dissolving their HOA if 20% of residents sign a petition, with a simple majority deciding the outcome.
The bill would also eliminate an HOA’s power to foreclose, converting unpaid assessments into ordinary debt that could be pursued through lawsuits but not liens on a home.
It would require open meetings and access to financial records while barring retaliation against homeowners who support a dissolution vote.
The second measure is H.B. 1035, the Georgia Homeownership Protection Act of 2026, which would apply broadly to all homeowners. It would prohibit foreclosure for unpaid utility bills, HOA fees or other non-tax debts. Only unpaid property taxes or mortgage defaults could lead to foreclosure.
Homeowners could sue over wrongful sales and recover damages, penalties and attorneys’ fees. The state attorney general could fine violators up to $10,000.
A homeowner’s fight
For George Watson, a 77-year-old Kennesaw resident, the debate is personal.
Watson told local outlet WCSC last year that he’s facing foreclosure after his HOA fined him for not pressure washing his home and for leaving a bucket of water and a ladder outside.
The HOA accumulated more than $9,000 in fines and legal fees against Watson, who lives on about $20,000 a year in Social Security income.
Watson said that during the COVID-19 pandemic, he developed a phobia of mail and avoided checking it for months, missing multiple violation notices. When he finally opened his mail in late 2022, he found a $6,000 demand from the HOA’s attorney, according to the report.
In July 2024, the HOA filed for foreclosure after placing a lien on his home. Documents show Watson was charged $50 a day for four months, plus interest and monthly dues of $180. Legal costs alone exceeded $3,600.
“I borrowed all the money that’s in the lawsuit,” Watson said. “(It’s been) a year of anxiety and worry over not having any money.”
He reportedly took out a home equity loan to hire an attorney and has been fighting the case for more than a year.
“I purchased mine out of a divorce; it was all I could afford,” Watson said. “Everything I have is tied up in this house, all the equity I’ve got to show for my life.”
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