10-Day Cure Periods: What Georgia SB 406 Requires

Georgia SB 406 reshaped how HOAs must handle violations, introducing mandatory cure periods and specific notice requirements that boards must follow precisely.

What Is a Cure Period?

A cure period is a legally mandated window of time during which a homeowner can correct a violation without facing fines or further escalation. Under Georgia SB 406, most violations require a minimum 10-day cure period before the association can impose a fine.

Notice Requirements

Before the cure period begins, the association must send a written notice that includes:

• The specific violation and the covenant section allegedly violated.
• The corrective action required to cure the violation.
• The cure deadline — typically 10 days from receipt of the notice.
• Notice of hearing rights — the homeowner's right to request a hearing before the board.

Calculating Deadlines

Deadlines are calendar days, not business days. If the 10th day falls on a weekend or holiday, the cure period extends to the next business day. Boards should track cure deadlines carefully — enforcing a fine before the cure period expires is a statutory violation.

Hearing Rights

After the cure period expires, if the violation is not cured, the homeowner is entitled to a hearing before the board imposes a fine. The hearing must be noticed in advance, and the homeowner has the right to present evidence and witnesses.

Common Compliance Mistakes

• Sending vague notices that don't cite the specific covenant section.
• Miscalculating the cure deadline (business vs. calendar days).
• Failing to offer a hearing before fining.
• Not documenting the violation with dated evidence.