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Georgia SB 406 Readiness Check

Secretary of State registration for Georgia homeowner associations opens January 1, 2027. Ten questions, about two minutes, and you will know whether your association is filing-ready or has a list to work.

Nothing you answer leaves your browser. There is no form to submit and no address to enter.

Question 1
1

Do you have a complete copy of your articles of incorporation on file?

Complete means every page and every amendment, not a partial scan.

Question 2
2

Do you have a current officer roster with names, seats, and titles?

Officer changes start a 30-day amended-filing clock once registration opens.

Question 3
3

Do you have a financial statement dated within the last year?

One statement under twelve months old. Not three years of them.

Question 4
4

Are your governing documents gathered in one place your whole board can reach?

Declaration, articles, bylaws, rules, and every amendment.

Question 5
5

Does your association fine owners, record liens, or foreclose - or do you want to keep that option?

Routing question. This one is not scored. It decides whether registering or electing not to register is the sensible route.

Question 6
6

Has your board decided whether to register or to file as nonregistered?

A written election not to register is a real status under the Act. Doing nothing is not.

Question 7
7

Do you know that a registration expires every December 31, whenever you filed it?

The January 2027 filing comes due again at the end of that same year.

Question 8
8

Do you have a plan to keep assessment, fine, and lien records for ten years?

Including electronic records, kept at a Georgia office and open to examination.

Question 9
9

Have you named the person who will handle the filing?

The statute contemplates an authorized officer or representative.

Question 10
10

Do you know that only the attorney's-fee notice rule is in effect today?

Section 7 has been live since July 1, 2026. Everything else starts January 1, 2027.

0 of 10 answered

How to read your answers

Count your "Yes" answers on the nine scored questions. Question 5 is not scored - it decides whether registering or electing not to register is the sensible route for your association.

8 to 9 of 9 - Filing-ready

You are in the small group that will treat this as an afternoon of paperwork. Keep the officer roster current between now and January, because that is the item most likely to drift, and put your register-or-elect decision in the minutes if it is not already there.

5 to 7 of 9 - Close, with a short list

The substance is mostly there and the gaps are known. Work the items you marked "Not yet" in order: documents first, then the officer roster, then a current financial statement. Four months is comfortable for that list if you start it this quarter.

2 to 4 of 9 - Real work to do, and time to do it

Nothing here is hard, but several pieces are missing and they tend to live in different inboxes. Pick one board member to own it, start with the complete governing documents, and get the books current enough to run one financial statement.

0 to 1 of 9 - Start with the documents

Begin with a single question: who has the complete, current governing documents, and where do they live? Everything else on this list follows from having one place your board can point to. There is still time, but it is the kind of work that expands if you leave it to December.

If you answered Yes to question 5 - your association fines, liens, or forecloses - registering is almost certainly the right route, because electing not to register gives up exactly those tools.

If you answered No to question 5 - a dues-only association can legitimately elect not to register. Regular, special, and specific assessments survive that election. Make it a decision in the minutes, not a deadline you miss.

What this check is based on

Georgia SB 406, the Georgia Property Owners' Bill of Rights Act (2026 Ga. Laws Act 715, signed May 12, 2026), creates O.C.G.A. Title 43, Chapter 17A. Registration with the Secretary of State opens January 1, 2027, costs $100 a year, and expires every December 31. The filing asks for the association's name and address, its officers, a copy of the governing documents, and a financial statement dated within the last year. An unregistered association, or its agent, may not collect fines or fees, file or record a lien, or initiate foreclosure.

The Secretary of State's rules are expected to go out for public comment around October 2026, so the exact fields on the registration form are not yet known. This check is built on the Act itself.

This readiness check is a planning tool, not legal advice. HomeHerald does not file your registration for you. Your association is responsible for its own filings, records, and collection practices - confirm your obligations with your association attorney.

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