How to use this checklist: Review each item against your current governing documents. Items marked “check box” are interactive — click to track your progress. For a faster, more precise review, upload your documents for an AI-powered analysis.
1
Registration Authority
- Governing documents do not contain language that would prevent registration with the Georgia Secretary of State
- Board has discussed the decision to register vs. opt out and understands the enforcement consequences of each choice
- Registration process initiated or scheduled (annual $100 fee, Secretary of State filing)
- Governing documents updated to reference the new registration requirement where applicable
2
Financial Records Retention
- Governing documents specify document retention of at least 10 years (not 3 or 5 years as in many older documents)
- Owner inspection rights for financial records are clearly documented and accessible
- Digital or physical record storage system can accommodate 10-year retention requirement
- Budget meeting minutes and financial statements for last 10 years are retained
3
Fine and Fee Limitations
- Fine schedule is documented with specific amounts per violation type
- Accelerated assessment provisions are consistent with SB 406 limitations
- No fee provisions conflict with new statutory caps on certain charges
- Late fee amounts and calculation methods are explicitly stated
4
Assessment Payment Priority
- Governing documents specify that regular assessments are satisfied first before fines, fees, or other charges when a partial payment is received
- No existing payment application language conflicts with SB 406’s priority order (regular assessments first)
- Collection policy documents and management software reflect the new priority order
5
Lien Authorization and Thresholds
- Lien authorization language reflects the new $4,000 threshold (not the old $2,000 minimum)
- OR governing documents reflect the 12-month consecutive non-payment alternative threshold
- Lien provisions do not count fines or fees toward the threshold amount — only assessments
- Lien notice requirements are consistent with SB 406 notice timelines
6
Foreclosure Notice and Procedures
- Foreclosure threshold references $4,000 in unpaid assessments (not $2,000)
- Written notice period before foreclosure meets or exceeds the new statutory minimum
- Fines and fees are explicitly excluded from foreclosure threshold calculations
- Conflict of interest provision prohibits board members and their relatives from purchasing properties at HOA foreclosure sales
7
Owner Written Notice Requirements
- Notice procedures before fines are imposed are explicit and include adequate lead time
- Violation notices must reference the specific governing document provision that was violated
- Cure periods before fines begin to accrue are documented
- Electronic notice provisions are addressed and consistent with SB 406 requirements
8
Dispute Resolution
- Dispute resolution provisions do not conflict with homeowners’ new statutory right to file complaints with the state review board
- Mandatory arbitration clauses (if any) do not preclude access to the state complaint board
- Governing documents address that collection stays are automatic during active state complaint proceedings
9
Board Elections and State Filings
- Bylaws require annual board elections (not biennial or on a different schedule)
- Formal procedures for contesting election results exist or need to be added
- Electronic ballot record-keeping is addressed in bylaws or election procedures
- Election results filing process with the state is understood and calendared
10
Board Member Qualifications
- Bylaws require board members to be residents or owners within the community
- No provisions allow non-resident property managers or third parties to serve as voting board members
11
Attorney Fees and Cost Transparency
- Attorney fee provisions require itemized statements before fees can be charged to homeowners
- No blanket attorney fee authority exists that bypasses the itemization and judicial review requirements of SB 406
- Fee recovery provisions are consistent with the reasonableness standard the new law imposes
12
Owner Rights Provisions
- Governing documents do not restrict or fail to protect the right to display the U.S. flag
- No provision prohibits solar energy devices (already prohibited under existing Georgia law)
- Owner rights to access insurance information are documented
- Owner rights to inspect governing documents and financial records on request are clear
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