GA HB1036

Establishes a binding referendum process allowing homeowners in HOA-governed communities to vote on dissolving their association, triggered by petition of at least 20% of eligible voters

Prohibits HOAs from foreclosing on, selling, or involuntarily transferring owner-occupied homes based on unpaid assessments, dues, fines, or fees; any covenant granting such authority is void as against public policy

Requires dissolution referendum to be conducted by county elections superintendent or approved third-party administrator within 90 days of valid petition, with each dwelling unit receiving one vote and costs paid by the association

Upon majority vote for dissolution, the association must dissolve within 180 days, all governing documents become unenforceable, existing liens convert to unsecured civil debt, and remaining funds are distributed pro rata to owners

Mandates transparency requirements for existing associations including open meetings, records access, annual independent financial audits, and enforceable fiduciary duties; violations constitute unfair business practices under state law