Georgia’s proposed Homeownership Protection Act, House Bill 1035, was introduced during the 2026 legislative session with the goal of significantly limiting the ability of homeowners associations and certain service providers to force the sale of owner occupied homes over unpaid fees. Since the bill’s introduction, however, the legislative path surrounding HOA reform in Georgia has evolved. A separate measure, Senate Bill 406, has emerged as the primary reform bill currently advancing through the General Assembly.
This update provides readers with the current status of HB 1035, the legislative progress of SB 406, and what the existence of two similar but structurally different bills may mean for the future of HOA reform in Georgia.
Current Status of HB 1035
HB 1035 was introduced in the Georgia House of Representatives in late January 2026 and moved through the early procedural stages of the House legislative process. The bill received its first and second readings shortly after introduction and was referred to committee for review. In late February, the bill was reported favorably from committee and placed on the House calendar for potential floor consideration.
As of mid March 2026, there is no publicly surfaced record showing that HB 1035 has passed the House of Representatives. Without House passage, the bill cannot advance to the Georgia Senate for further consideration. Because of legislative timing rules in the Georgia General Assembly, bills that do not move beyond their originating chamber by key procedural deadlines often become inactive for the remainder of the session unless their language is incorporated into another legislative vehicle.
At this point, HB 1035 remains technically active but has not advanced beyond the House stage.
What HB 1035 Proposed
HB 1035 attracted significant attention because it proposed some of the strongest homeowner protections seen in Georgia’s HOA reform debate. The core focus of the bill was preventing forced home loss due to non tax debts.
Key elements of HB 1035 include provisions that would:
• Prohibit the foreclosure or forced sale of an owner occupied dwelling based solely on unpaid homeowners association assessments or similar non tax charges.
• Prevent certain unpaid service fees or assessments from being converted into mechanisms that could ultimately result in the loss of a home.
• Treat unpaid HOA assessments and similar obligations primarily as civil debts rather than as liens that could lead to foreclosure of an owner occupied property.
• Restrict the ability of non tax service charges to become part of property tax enforcement actions.
In practical terms, HB 1035 would have created one of the most sweeping protections in the state by separating HOA related debt enforcement from the ultimate penalty of losing a home.
The Emergence of Senate Bill 406
While HB 1035 moved through the House process early in the session, a separate HOA reform measure began advancing through the Senate. Senate Bill 406 focuses less on eliminating foreclosure authority and more on regulating how homeowners associations operate and enforce their powers.
SB 406 passed the Georgia Senate in early March 2026 and has since moved to the House of Representatives for further consideration.
Rather than eliminating HOA enforcement authority entirely, SB 406 seeks to establish a structured statewide framework for association accountability and homeowner protections.
Major components of SB 406 include:
• Creation of a statewide registration system for homeowners associations.
• Establishment of clearer requirements for association governance, recordkeeping, and transparency.
• Additional protections for homeowners regarding access to records and dispute processes.
• New restrictions and procedural requirements surrounding HOA liens and foreclosure actions.
• Increased thresholds and safeguards before foreclosure actions may occur.
The bill is designed to regulate HOA authority and introduce accountability mechanisms rather than prohibit enforcement actions outright.
How the Two Bills Differ
Although both bills fall under the broader category of HOA reform, their approaches are fundamentally different.
HB 1035 focuses primarily on preventing the loss of owner occupied homes due to HOA related debts. Its central objective is to stop foreclosure as a consequence of unpaid association assessments or similar charges.
SB 406 instead focuses on regulating the conduct and structure of homeowners associations. It aims to impose statewide oversight and procedural safeguards while still allowing associations to enforce obligations under defined conditions.
In effect, HB 1035 attempts to eliminate one of the strongest enforcement tools available to associations, while SB 406 attempts to control how those enforcement tools are used.
Legislative Outlook
The emergence of SB 406 has significantly changed the legislative landscape for HOA reform in Georgia this year.
Because SB 406 has already passed the Senate and is actively moving through the House legislative process, it currently appears to be the primary vehicle through which HOA reform may ultimately pass during the 2026 session.
HB 1035, by contrast, has not yet passed the House chamber. If it does not advance further, the bill may effectively become dormant for the remainder of the session unless its provisions are incorporated into another measure.
In many legislative sessions, when two bills address similar policy areas, lawmakers often consolidate elements of the proposals into the one that has already gained momentum. That dynamic could occur here, though there is no public indication yet that HB 1035’s stronger anti foreclosure provisions have been inserted into SB 406.
What This Means for Homeowners
For Georgia homeowners and communities, the distinction between these two bills is significant.
If HB 1035 were enacted in its original form, it could dramatically reduce the risk of losing an owner occupied home due to unpaid HOA assessments.
If SB 406 moves forward without incorporating the broader protections proposed in HB 1035, the state would likely see expanded regulation of homeowners associations but not a complete prohibition on HOA related foreclosure actions.
The coming weeks of the legislative session will determine whether the stronger homeowner protection concepts from HB 1035 remain part of the reform discussion or whether the more regulatory approach of SB 406 becomes the final legislative outcome.
Source Information
Georgia General Assembly Legislative Record
HB 1035 – Georgia Homeownership Protection Act
https://www.legis.ga.gov/legislation/68806
Georgia General Assembly Legislative Record
SB 406 – Homeowners Association Reform and Accountability Bill
https://www.legis.ga.gov/legislation/68887
Georgia General Assembly Legislative Tracking Systems and Bill Histories
Georgia House of Representatives and Georgia Senate official legislative portals
Frequently Asked Questions (FAQs)
HB 1035 is considered stronger because it focuses on preventing the forced loss of an owner occupied home over HOA assessments and similar non tax debts. Its core effect is aimed at removing foreclosure or forced sale as the end result for those types of obligations.
SB 406 is broader because it deals with how homeowners associations operate overall. It focuses on registration, governance, records, homeowner access to information, complaint structure, and enforcement rules. Instead of mainly stopping foreclosure, it tries to regulate the HOA system itself.
Yes. Based on the bill’s public framework, SB 406 appears to preserve HOA enforcement authority, but with more procedural rules and restrictions. That is a major difference from HB 1035, which is aimed more directly at blocking the most severe outcome against owner occupied homes.
No. They address the same broad public concern, HOA power and homeowner protections, but use different legal approaches. HB 1035 targets the consequence of enforcement. SB 406 targets the structure, process, and oversight of enforcement.
It matters because the final result could be very different. If HB 1035 advanced, homeowners could gain much stronger protection from losing an owner occupied home over HOA related debt. If only SB 406 advances, homeowners may still get important transparency and accountability reforms, but not the same level of foreclosure protection.
