2020 Georgia Code
Title 44 - Property
Chapter 3 - Regulation of Specialized Land Transactions
Article 3 - Condominiums
- § 44-3-70. Short Title
- § 44-3-71. Definitions
- § 44-3-72. Creation of Condominium
- § 44-3-73. Sufficiency of Descriptions of Condominium Units; Description of Undivided Interest in Common Elements
- § 44-3-74. Recording Condominium Instruments, Plats, Plans, and Encumbrances
- § 44-3-75. Construction and Validity of Condominium Instruments; Conflicts and Inconsistencies; Severability
- § 44-3-76. Compliance With Condominium Instruments, Rules, and Regulations; Means of Enforcement
- § 44-3-77. Contents of Declaration
- § 44-3-78. Allocation - Interests in Common Elements
- § 44-3-79. Allocation - Votes in Association; How Votes Cast; Majority Vote Requirements
- § 44-3-80. Allocation of and Liability for Common Expenses; How Assessments Made
- § 44-3-81. Reallocation of Interests in Common Elements, Votes, and Liability for Common Expenses
- § 44-3-82. Assignments and Reassignments of Limited Common Elements
- § 44-3-83. Recording of Plats and Plans; Contents; Completion of Structural Improvements; Certification by Registered Architect or Engineer
- § 44-3-84. Use of Previously Recorded Plans in Lieu of New Plans
- § 44-3-85. Liability for Failure to Follow Plats or Plans; Easements; Liability for Damage
- § 44-3-86. Leasehold Condominiums; Lessor's Rights and Powers; Owner's Rights and Powers; Liens; Performance of Covenants
- § 44-3-87. Conversion Condominiums; Notice; Offer to Convey; Time Periods; Rights of Tenant
- § 44-3-88. Conversion of Convertible Spaces; Amendment to Declaration Effecting Conversion; Reallocation of Sums Assessed Prior to Conversion; Treatment of Convertible Space Not Converted
- § 44-3-89. Expansion of Condominium; Amendment to Declaration; Expansion of Condominium After Declarant's Right to Expand Has Expired
- § 44-3-90. Alterations Within Units; Combining Two or More Units
- § 44-3-91. Relocation of Boundaries Between Units; Application for Relocation; Amendment to Declaration; Plans and Plats; Recording
- § 44-3-92. Subdivision of Units; Application for Subdivision; Amendment to Declaration; Plans and Plats; Recordation
- § 44-3-93. Amendment of Condominium Instruments
- § 44-3-94. Damage or Destruction of Units; Restoration; Vote Not to Restore; Allocation of Insurance Deductible
- § 44-3-95. Effect of Mortgages and Liens; Foreclosure; Release
- § 44-3-96. Separate Titles and Taxation
- § 44-3-97. Eminent Domain; Compensation; Reallocation of Interests; Court Determination; Amendment to Declaration
- § 44-3-98. Termination of Condominium; Creation of Tenancy in Common; Distribution of Assets; Transfer of Mortgages and Liens
- § 44-3-99. Withdrawal of Submitted Property; Reallocation to Remaining Units of Undivided Interest in Common Elements; Contents of Amendment; Transfer of Mortgages and Liens
- § 44-3-100. Incorporation of Association; Name; Articles and Bylaws; Membership; Organization
- § 44-3-101. Control of Association by Declarant; Surrender of Control to Unit Owners; Liability for Books and Records; Cancellation of Leases and Contracts
- § 44-3-102. Meetings of the Association; Notice; Reports
- § 44-3-103. Quorums at Meetings of Association or Board
- § 44-3-104. Directors and Officers; Eligibility
- § 44-3-105. Powers and Duties as to Upkeep of the Condominium; Access; Liability for Damage
- § 44-3-106. Powers and Responsibilities of Association; Tort Actions
- § 44-3-107. (For Effective Date, See note.) Insurance Coverage
- § 44-3-108. Common Profits; Application to Expenses; Surplus
- § 44-3-109. Lien for Assessments; Personal Obligation of Unit Owner; Notice and Foreclosure; Lapse; Right to Statement of Assessments; Effect of Failure to Furnish Statement
- § 44-3-110. Restraints on Alienation and Rights of First Refusal; Statement of Waiver or Failure to Exercise Rights or Restraints; Effect of Failure to Furnish Statement
- § 44-3-111. Sales of Residential Condominium Units for Residential Occupancy; Information Required to Be Furnished by Seller; Buyer's Right to Void Contract; Limitations Period; Attorney's Fees; Penalty for Willful Violation
- § 44-3-112. Escrow of Deposits or Other Payments Made Prior to Closing
- § 44-3-113. Applicability of This Article; Effect on Existing Condominiums
- § 44-3-114. Effect of Article Upon Land Use, Zoning, Building, and Subdivision Laws; Effect of Code Section 44-3-92; Applicability of Land Use and Zoning Ordinances or Laws to Expandable Condominium
- § 44-3-115. Construction of This Article; Substantial Compliance; Procedure for Curing Defects in Recorded Instruments
- § 44-3-116. Limitations in Certain Restrictive Covenants Inapplicable
- § 44-3-117. Application to Subcondominiums; Creation of Subcondominium; Subassociation; Insurance; Effect of Certain Liens; Eminent Domain; Description of Certain Units; Assessments
- The Apartment Ownership Act, Ga. L. 1963, p. 561, has not been codified in light of § 44-3-113.
Law reviews.- For article, "Condominium and Home Owner Associations: Formation and Development," see 24 Emory L.J. 977 (1975). For article surveying Georgia cases in the area of real property from June 1977 through May 1978, see 30 Mercer L. Rev. 167 (1978). For article surveying real property law, see 34 Mercer L. Rev. 255 (1982). For article, "Representing Condominium Unit Purchasers," see 21 Ga. St. B.J. 6 (1984). For note comparing scope of Georgia Apartment Ownership Act, prior to enactment of Condominium Act, with condominium litigation in other jurisdictions, see 23 Mercer L. Rev. 405 (1972). For note surveying revisions to Georgia Condominium Act between 1963 and 1975 regarding expansion, disclosure, liens, and incorporation, see 24 Emory L.J. 891 (1975). For comment, "Making a Business of ‘Residential Use': The Short-Term Rental Dilemma in Common-Interest Communities," see 68 Emory L.J. 801 (2019).
RESEARCH REFERENCESLitigation for Breach of Condominium Provisions, 31 Am. Jur. Trials 193.
Litigating Toxic Mold Cases, 91 Am. Jur. Trials 113.
Homeowners' Association Defense: Free Speech, 93 Am. Jur. Trials 293.
Condominium Construction Litigation: Community Association, 93 Am. Jur. Trials 405.
ALR.- Liability of vendor of condominiums for damage occasioned by defective condition thereof, 50 A.L.R.3d 1071.
Erection of condominium as violation of restrictive covenant forbidding erection of apartment houses, 65 A.L.R.3d 1212.
Enforceability of bylaw or other rule of condominium or cooperative association restricting occupancy by children, 100 A.L.R.3d 241.
Validity, construction, and application of statutes, or of condominium association's bylaws or regulations, restricting number of units that may be owned by single individual or entity, 39 A.L.R.4th 88.
Personal liability of owner of condominium unit to one sustaining personal injuries or property damage by condition of common areas, 39 A.L.R.4th 98.
Liability of owner of unit in condominium, recreational development, time-share property, or the like, for assessment in support of common facilities levied against and unpaid by prior owner, 39 A.L.R.4th 114.
Validity and enforceability of condominium owner's covenant to pay dues or fees to sports or recreational facility, 39 A.L.R.4th 129.
Standing to bring action relating to real property of condominium, 74 A.L.R.4th 165.
