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HB 664

Property owners' associations; development and affirmative election; provisions

2025-2026 Regular Session Introduced by Scott Hilton and 3 co-sponsors

House Bill 664 clarifies governance for property owners' associations in Georgia, requiring 80% owner approval for amendments and ensuring transparent voting processes.

Senate Read and Referred
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Bill Summary · HB 664

Summary of House Bill 664: Property Owners' Associations

Bill Number: HB 664
Title: Property owners' associations; development and affirmative election; provisions
Status: House Withdrawn, Recommitted
Introduced: February 27, 2025
Classification: Bill

Purpose and Intent

House Bill 664 aims to amend existing laws governing property owners' associations in Georgia. The primary intent of the bill is to establish clearer procedures for the creation and governance of property owners' associations, particularly regarding the submission of these associations to specific legal frameworks and the voting processes involved in such submissions.

Key Provisions

The bill proposes several significant changes to Article 6 of Chapter 3 of Title 44 of the Official Code of Georgia Annotated, including:

  1. Creation and Submission of Associations:

    • Property owners' developments will be recognized upon the recordation of a declaration or an amendment to an existing declaration, provided that an affirmative election to be governed by this article is stated.
    • All owners of the submitted property must execute the original declaration.

  2. Voting Procedures:

    • Amendments to association instruments will require approval from lot owners representing more than 80% of the association vote and mortgagees holding 80% of the voting interest of mortgaged lots.
    • Existing associations that amend their documents to comply with the new provisions will be deemed to have conformed to these voting requirements.

  3. Notice and Recordation:

    • The bill mandates that any amendments or submissions to the article must be recorded and that proper notice must be given to all relevant parties.

  4. Applicability:

    • The provisions will apply to all property submitted to the article and to associations governed by recorded declarations of covenants, where membership is mandatory for all lot owners.

Impact

The proposed changes will primarily affect:

  • Property Owners' Associations: Associations that wish to amend their governing documents to align with the new provisions will need to follow the outlined voting and recordation processes.
  • Property Owners: Owners within these associations will have clearer guidelines on how their associations can be governed and the voting rights associated with amendments.
  • Mortgagees: Lenders holding interests in properties governed by these associations will also be impacted by the voting requirements and the need for their approval in certain amendments.

Procedural Timeline

  • February 27, 2025: Bill introduced and entered the House Hopper.
  • February 28, 2025: Bill received its first reading in the House.
  • March 3, 2025: Bill was read a second time in the House.
  • March 4, 2025: Bill was favorably reported by the House Committee.
  • April 4, 2025: Bill was withdrawn and recommitted in the House.

Conclusion

House Bill 664 seeks to modernize and clarify the governance of property owners' associations in Georgia, ensuring that the processes for creation, amendment, and voting are transparent and equitable. The bill's provisions are designed to enhance the rights of property owners while maintaining necessary oversight for mortgagees involved in these associations.

Compiled from official sources — confirm details with the bill’s official record.

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