Georgia Condominium and Community Association
Law: A Research Guide
Edited and published by Atlanta attorney Jed Morton. Contact Jed by visiting his firm's site at www.mortonlawfirm.com.
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E. Law Review, Journal, and other Articles
A. The
Georgia Condominium Act
This purpose of this website is to
compile multiple sources of information which would be of use to anyone
interested in Georgia Condominium and Homeowners’ Association Law. Although primarily devoted to
This Guide is intended for use by
attorneys, condominium and homeowners’ association members, and association
leadership as a tool or a starting point for researching issues of law related
to the rapidly growing and increasingly important field of structured community
ownership of property.
The predecessors of modern
incarcerations of community living and common ownership of property have been
variously traced to ancient cave dwellers, nomads, the pre-Caesarian
The Primary Source information in
Section II of this Guide is devoted to current
The Georgia Condominium Act,
O.C.G.A. § 44-3-70 to § 44-3-117 and the Georgia Property Owners’ Association
Act, O.C.G.A. § 44-3-220 to § 44-3-235 (2004) are the primary statutory
authority. The two areas of law are
similar and often merge (for a discussion of the similarities and differences,
see 1
When I first created this site back in 2004, the following table linked directly to the specific code sections at the Georgia General Assembly’s web index of un-annotated Georgia code. However, that is no longer the case, and users will now find that clicking on any of the code section links will bring up the free Lexis index page for the Georgia code. The good news is, Lexis will keep up with changes the General Assembly may make to the code sections perhaps better than the General Assembly could be counted on to do. The bad news is, users will now need to navigate from the Lexis main page to the particular code section needed. The names of the respective code sections are included in this Research Guide to facilitate locating a particular area of interest. To use the Lexis site, first click "OK" on the opening page to get to the index. On the left side of the Index (next to the Title Numbers on that first page) you will see small circles around + signs. I call these "expand" symbols. If you click on them, that section will expand to show the subsections.
Note: If you want to keep this site open while you search the code on the Lexis site, instead of normally clicking the link, right click and select either "Open in new tab" or "Open in new window." This will make it easier to go back and forth between my site and the code sections. If you simply click on a link, you will navigate away from this site completely and be taken to the Lexis site.
To get to the Georgia Condo Act and the Property Owners' Association Act, first click on the expand symbol next to Title 44; then click on the expand symbol next to "Chapter 3: Regulation of Specialized Land Transactions." The Georgia Condo Act is Article 3 of this Chapter, and the Property Owners' Association Act is Article 6. You can click on the expand symbols next to those Articles to see the code sections, which should reflect the names as I have listed them in the table below.
The table highlights the
similarities and differences between the condominium and property owners' association law by showing that
almost every section of the Property Owners’ Association Act is mirrored in a
section of the Condominium Act, but the reverse is not true. There are many sections of the Condominium
Act that are inapplicable to Homeowners’ Associations. Thus the Georgia Condominium Act contains 47
sections of code, while the Property Owners’ Association Act is comprised of
only 15.
The section titles are the official titles as listed in the Official Code of Georgia. The information enclosed in brackets [] is information I have added in an attempt to clarify the subject matter in that code section.
|
Georgia Condominium Act Section |
Title of Georgia
Condominium Act Section |
Title of Georgia
Property Owners’ Association Act Section |
Georgia Property Owners’ Association Act Section |
|
Short Title |
Short Title |
||
|
Definitions [includes definition of “unit owner”]
|
Definitions |
||
|
Persons deemed to be “lot owner” [expands § 221 definition
for purposes of officers and board members] |
|||
|
Creation of condominium |
Creation of property owners’ development; affirmative
election to be governed by article |
||
|
Sufficiency of descriptions of condominium units; description
of undivided interest in common elements |
N/A |
N/A |
|
|
Recording condominium instruments, plats, plans, and
encumberances; record books |
N/A |
N/A |
|
|
Construction and validity of condominium instruments;
conflicts and inconsistencies; severability |
N/A |
N/A |
|
|
Compliance with condominium instruments, rules, and
regulations; means of enforcement |
Compliance with provisions of instrument and with rules
and regulations; penalties for noncompliance |
||
|
Contents of declaration |
N/A |
N/A |
|
|
Allocation—Interests in common elements |
N/A |
N/A |
|
|
Allocation—votes in association; how votes cast; majority
vote requirements |
Voting at association meetings |
||
|
Liability for common expenses; how assessments made |
Assessment of expenses; exemption from liability; liability
for unpaid assessments |
||
|
Reallocation of interests in common elements, votes,
and liability for common expenses |
N/A |
N/A |
|
|
Assignments and reassignments of limited common elements |
N/A |
N/A |
|
|
Recording of plats and plans; contents; completion
of structural improvements; certification by registered architect or
engineer |
N/A |
N/A |
|
|
Use of previously recorded plans in lieu of new plans |
N/A |
N/A |
|
|
Liability for failure to follow plats or plans; easements;
liability for damage |
N/A |
N/A |
|
|
Leasehold condominiums; lessor’s rights and powers;
owner’s rights and powers; liens; performance of covenants |
N/A |
N/A |
|
|
Conversion condominiums; notice; offer to convey; time
periods; rights of tenants |
N/A |
N/A |
|
|
Conversion of convertible spaces; amendment to the
declaration effecting conversion; reallocation of sums assessed prior
to conversion; treatment of convertible spaces not converted |
N/A |
N/A |
|
|
Expansion of condominium; amendment to declaration |
N/A |
N/A |
|
|
Alterations within units; combining two or more units |
N/A |
N/A |
|
|
Relocation of boundaries between units; application
for relocation; amendment to declaration; plans and plats; recording |
N/A |
N/A |
|
|
Subdivision of units; application for subdivision;
amendment to declaration; plans and plats; recording |
N/A |
N/A |
|
|
Amendment of condominium instruments |
Amendment of instrument; presumption of validity in
court action |
||
|
Damage or destruction of units; restoration; vote not
to restore; allocation of insurance deductible |
N/A |
N/A |
|
|
Effect of mortgages and liens; foreclosure; release |
N/A |
N/A |
|
|
Separate titles and taxation |
N/A |
N/A |
|
|
Eminent domain; compensation; reallocation of interests;
court determination; amendment to declaration |
N/A |
N/A |
|
|
Termination of condominium; creation of tenancy in
common; distribution of assets; transfer of mortgages and liens |
N/A |
N/A |
|
|
Withdrawal of submitted property; reallocation tremaining
units of undivided interest in common elements; contents of amendment;
transfer of mortgages and liens |
N/A |
N/A |
|
|
Incorporation of association; name; articles and bylaws;
membership; organization |
Incorporation as prerequisite to submission of article;
requirements as to corporate documents; board of directors |
||
|
Control of association by declarant; surrender of control
to unit owners; liability for books and records; cancellation of leases
and contracts |
N/A |
N/A |
|
|
Meetings of the association; notice; reports |
Frequency of meetings; notice |
||
|
Quorums at meetings of association or board |
Presence of quorums at meetings |
||
|
Directors and officers; eligibility |
N/A |
N/A |
|
|
Powers and duties as to upkeep of the condominium;
access; liability for damage |
N/A |
N/A |
|
|
Powers and responsibilities of association; tort actions |
Powers and duties of association; legal actions against
agent or employee of association |
||
|
Insurance Coverage |
N/A |
N/A |
|
|
Common profits; application to expenses; surplus |
N/A |
N/A |
|
|
Lien for assessments; personal obligation of unit owners;
notice and foreclosure; lapse; right to statement of assessments; effect
of failure to furnish statement |
Assessments against lot owners as constituting lien
in favor of association; additional charges against lot owners; procedure
for foreclosing lien; obligation to provide statement for amounts due |
||
|
Restraints on alienation and rights of first refusal;
statement of waiver or failure to exercise rights or restraints; effect
of failure to furnish statement |
N/A |
N/A |
|
|
Sales of residential condominium units for residential
occupancy; information required to be furnished by seller; buyer’s right
to void contract; limitations periods; attorney’s fees; penalty for
willful violation |
N/A |
N/A |
|
|
Escrow of deposits or other payments made prior to
closing |
N/A |
N/A |
|
|
Applicability of this article; effect on existing condominiums |
Applicability of article |
||
|
Application of article |
|||
|
Effect of article upon land use, zoning, building,
and subdivision laws; effect of Code Section 44-3-92 |
N/A |
N/A |
|
|
Construction of this article; substantial compliance;
procedure for curing defects in recorded instruments |
Liberal construction of article; substantial compliance;
curing of defects by amendment |
||
|
Limitations in certain restrictive covenants inapplicable |
N/A |
N/A |
|
|
(code section added in 2007) |
Application of subcondominiums; creation of subcondominium; subassociation; insurance; effect of certain liens; imminent domain; description of certain units; assessments. | N/A | N/A |
|
Definitions [includes definition of “unit owner”] |
Persons deemed to be “lot owner” |
A few
I saw an interesting case argued at the Georgia Supreme Court in November of 2007. The issue was whether a purchaser of a condominium tax lien becomes responsible for the condo dues going forward from the date of the tax lien purchase, or whether the later foreclosure of the lien triggers that obligation. The Supreme Court decided the case on a technicality, so the issue is still unresolved. Lessons? Purchasers of condominium tax liens should do so with a healthy dose of caveat emptor, as they may be on the hook for the condo assessments during the entire statutory redemption period--even though they have no right to occupy or do anything else with the property. Another potential pitfall is that some condominium associations may, as a matter of strategy, simply sit back, relax, and allow the late fees and interest pile up without notifying anyone. Lesson for condo associations: pay attention to who's buying tax liens. You may acquire another pocket to reach into to satisfy unpaid assessments.
It probably won't be long before this issue comes up again in the lower courts. Maybe next time proper discretionary appeal procedures will be followed. That of course will force the Court to make a decision on a very thorny issue, and one for which very good arguments exist on both sides. My opinion is that the tax lien purchaser should not be liable for any condominium assessments until he could have acted to extinguish the lien and perfect title. If he continues to delay beyond that point and fails to follow the proper procedures to extinguish the right of redemption and then quiet the title, he does so at his own peril with respect to the condo assessments.
1.
Cases involving owners’ failure to pay assessments:
|
Citation |
Summary and Holding |
|
Frantz v. |
Georgia Supreme Court upheld Condominium Association’s
right under O.C.G.A. 44-3-76 to suspend delinquent owner’s access to
utilities paid from common funds, after Association obtained monetary
judgment against unit owner for non-payment of assessments. |
|
Slaton v. Vill. Oaks Condo. Ass’n, 259 |
Unit owner failed to state a claim upon which relief could
be granted in action to force Association to amend governing documents to
provide a remedy for allegations of untimely repairs to his condominium
unit. Owner refused to pay his monthly
assessments in protest, and Association filed a lien on his unit. Court upheld trial court grant of summary
judgment to Association. |
|
McCarter v. La Hacienda Condo. Ass’n, 255 |
Unit owner sued Association for slander and to recoup
alleged overpayment of assessments.
Association countersued for delinquent assessments. Basis for owner’s slander claim was a wage
garnishment Association had filed with owner’s employer. The Court of Appeals affirmed the trial
court’s grant of summary judgment for the Association as to owner’s claim and
its counterclaim. |
|
|
Resident owner of a condominium unit stopped paying
assessments, claiming the assessments benefited some, but not all, unit
owners. Owner argued that an issue of
fact existed under O.C.G.A. § 44-3-80 (b) (1). The Court of Appeals reversed the trial
court and granted summary judgment for the Association, holding that §
44-3-80 did not require special assessments when the condominium documents
did not expressly provide for them. |
|
Fontaine Condo. Ass’n v. Schnacke, 230 |
Association obtained a judgment against unit owner for
nonpayment of assessments, and suspended utility service to owner’s unit
pursuant to O.C.G.A. § 44-3-76. The
Court of Appeals reversed a trial court decision for the unit owner, holding
that the owner’s responsibility to pay assessments is “an absolute and
unequivocal obligation,” and Association was not required to exhaust other
remedies before suspending owner’s utility service under that code section. |
|
Heard v. |
In action by Association against Unit owner to recover
unpaid assessments, the Court of Appeals held that obligations to pay
assessments, while contractual in nature, are more properly classified as
covenants running with the land, for statute of limitations purposes. |
|
|
A condominium unit owner sold 99% of his interest in a
unit, and claimed that he was then only liable for 1% of the
assessments. The Court of Appeals
reversed a trial court judgment for owner, holding that he was jointly and
severally liable for all assessments due while he was a co-owner. |
|
|
Association sued unit owner for unpaid assessments. Owner countersued, claiming Association had
failed to perform its obligation to perform maintenance and repairs on
owner’s units. The Court of Appeals,
in holding for the Association as to both issues, found that “there is no
legal justification for a condominium owner to fail to pay valid
assessments,” and that the unit owner’s obligation to pay assessments is
independent of the Association’s obligation to provided services. |
2.
Cases involving foreclosures on condominium units and unpaid assessments:
|
Citation |
Summary and Holding |
|
Dunhill Condo. Ass’n v. Gregory, 228 |
This case is too complicated to be adequately summarized
here. The |
|
|
This is another case in which the dispute involves unpaid
assessments and foreclosure of a second purchase money mortgage. The issue here is more about whether the
sale transaction took place before or after the addition of language to
O.C.G.A. 44-3-109(a)(4) which renders owners who are also foreclosing
mortgagees liable for unpaid assessments.
But the discussion of the two applicable statutes is helpful. |
|
Casey v. |
Owner/seller sold his condominium unit but failed to
record the deed for 19 months.
Association sued owner/seller for unpaid assessments from the date of
sale through the date of recordation.
The Association’s by-laws provided that the unit “owner” was responsible
for paying assessments, and defined “owner” as the record title holder of the
unit. Owner/seller argued that this
definition was in conflict with the definition of “unit owner” in O.C.G.A. §
44-3-71. The trial court granted
partial summary judgment to the Association, holding owner/seller responsible
for assessments for the time period between sale and recordation. The Court of Appeals, in rejecting
owner/seller’s claim that the Association by-laws definition of “owner”
conflicted with the Act, affirmed the grant of summary judgment to the
Association with respect to the assessments, but remanded for a determination
of the amount in arrears. |
|
|
Association filed unjust enrichment claim against
foreclosing bank for assessments prior to foreclosure, which Association had
paid. The trial court granted the
Bank’s motion to dismiss, and the Court of Appeals affirmed, holding that
O.C.G.A. § 44-3-80(f), which provides that a foreclosing mortgagee is not
liable for nor is the unit subject to a lien for any pre-foreclosure
assessments, pre-empted the Association’s unjust enrichment claim. |
|
First Fed. Sav. Bank of |
Association billed foreclosing bank for a pro rata share
of unpaid assessments, per O.C.G.A. § 44-3-80(f). Association’s claim included attorney’s
fees and late payment penalties. A
divided Court of Appeals reversed, holding that the attorney’s fees and
penalties were not “assessments” within § 44-3-80(f). A four-judge dissent argued that the
attorney’s fees and penalties were “assessments,” within the Act. |
|
Finch v. Summertree Condo. Ass’n, Inc., 157 |
Owner appealed trial court grant of directed verdict to
Association, which sued owner for unpaid assessments of previous owner. Owner claimed that he acquired title
pursuant to an action in lieu of foreclosure and was thus not liable for any
pre-sale assessments. The Court of
Appeals affirmed the trial court, holding the owner and the previous owner
jointly liable for all unpaid assessments prior to the sale. |
3.
Cases involving liability of Associations for injuries sustained on their
premises:
|
Citation |
Summary and Holding |
|
|
Plaintiff unit owner filed wrongful death action against
Association in connection with the murder of her husband in the Condominium
parking lot during a robbery. The
Association denied liability and moved the trial court for summary
judgment. Appeal followed denial of
Association’s motion. The Court of
Appeals reversed, holding that the Association’s documents define the
Association’s duties as to common areas such as parking lots. The Declaration of Condominium provided
that, “the Association is not a provider of security and shall have no duty
to provide any security on the condominium property. The obligation to provide security lies
solely with each unit owner individually.”
Thus, the Association had no duty to owner in this regard and could
not be held liable for owner’s husband’s death. |
|
Sacker v. Perry Realty Services, Inc., 217 |
Sacker, a resident of a condominium, sued her Association
and Perry, their management company, after she fell in their poorly lit
parking lot, over a railroad tie used to mark parking spaces, but which was
out of place. The trial court granted Defendant
summary judgment. The Court of Appeals
reversed, holding that, (1) as an invitee on the Association common areas,
she was owed a duty by the Association to protect her from unreasonable risks
of which it had superior knowledge; (2) the management company was on notice
of the condition that caused the invitee to trip and fall; (3) the
Association could not evade its liability by claiming that the management
company was an independent contractor; and (4) the evidence of negligence
presented issues that were proper for a jury to resolve. The Appeals Court also noted that the
homeowner was not precluded from bringing a negligence action against the
Association by virtue of her ownership of an interest in the common areas or
her membership in the Association [O.C.G.A. § 44-3-106(g)]. |
|
Powell v. |
Condominium unit owner was injured when she fell on the
stairs connecting her unit to the parking lot. She sued the Association for
negligence. The trial court granted
summary for the Association, and the Court of Appeals affirmed, holding that
the Association was not liable for Plaintiff’s injuries because Plaintiff’s
knowledge of the hazardous condition presented by the steps was equal to the
Association’s knowledge. |
4.
Cases involving disputes with developers:
|
Citation |
Summary and Holding |
|
|
Purchaser sued condominium developer after purchaser
discovered that asbestos was present in the insulation near a boiler adjacent
to her unit. Evidence indicated that
developer knew about the asbestos and had constructed a wall over it, but had
failed to inform purchaser of the existence of the asbestos. The Court of Appeals reversed a summary
judgment for developer and remanded the case to proceed on purchaser’s claims
against developer. |
5.
Procedural Cases
|
Citation |
Summary and Holding |
|
Piedmont Arbors Condo. Ass’n, Inc. v. BPI Constr. Co.,
197 |
Condominium Association and several individual owner
plaintiffs sued Defendant construction company over alleged construction
defects in common areas and individual units.
The Superior Court dismissed the Association from the action, holding
that the Declaration of Condominium stated that, “Association shall not be
entitled to initiate any legal action against anyone on behalf of any or all
of the Unit owners which is based on any alleged defect in any Unit or the
common elements....” The Association
argued that the provision was void as against public policy. The Court of Appeals affirmed. |
|
Country Greens Village One Owner’s Ass’n, Inc. v. Meyers,
158 |
Homeowner’s Association sought to foreclose on a lien for
non-payment of assessments.
Association brought suit in |
6.
Other cases
|
Citation |
Summary and Holding |
|
Hill v. Paluzzi, 261 |
Developer who owned several units in a condominium leased those
units without obtaining prior approval from the Association Board of
Directors, as required in the Associations By-Laws. A settlement was reached in the trial
court, but developer/owner Hill violated terms of that settlement. |
|
Licker v. Harkleroad, 252 |
|
|
Spratt v. |
Association filed an action against unit owner who leased
her unit after the Board of Directors had denied her hardship request to
lease the unit. The trial court
granted summary judgment to the Association and the Court of Appeals
affirmed. |
|
Fleetwood v. Wieuca North Condo. Ass’n, 182 |
Condominium unit owner sued Association and its Board of
Directors after it failed to repair a settlement crack in the exterior wall
of her unit. The trial court found
that the Association was under no obligation to repair individual units
because the by-laws required only that common funds be expended to repair and
maintain common areas, and individual unit exterior walls were not common
areas. Court of Appeals affirmed. |
Section III: Secondary
Sources
Note: Books which I found to be widely
commercially available on the internet have their titles hyperlinked to a site where
they may be purchased.
|
Citation |
Description |
|
Wayne S. Hyatt & Susan F. French,
Community
Association Law (Carolina Academic Press, 1998) |
Tailored to provide a thorough introduction to the substantive
law of common interest communities and community associations. Mr. Hyatt is a principal of the law firm of
Hyatt and Stubblefield, P.C., in Call Number KF576.A7 F74 |
|
Wayne S. Hyatt, Gary A. Poliakoff, &
D.R. Sloan, Jr., Condominium Law (Professional Education Systems,
Inc., 1984) |
Currently out of print. Provides an overview of substantive condominium law with references to selected cases. Topics include representing condominium unit purchasers, board member liability, litigation, and forms. GSU Law Library has a copy in its collection. Call Number KF581.H9 |
|
Wayne S. Hyatt, Condominium and Homeowners Association
Practice: Community Association Law (American Law Institute 3d.ed.
2000) |
Specific topics on the practice of community association practice. 2nd Edition (1988) is in GSU Law Library collection. New 3rd Edition available online. Call Number KF576.H92 |
|
Wayne S. Hyatt & Philip S. Downer,
Condominium and Homeowners Association Litigation: Community Association
Law (Wiley 1987) |
Currently out of print. Part of the Trial Practice Series. Community association law with emphasis on litigation. The GSU Law Library has a copy in its collection. Call Number KF576.C66 |
|
Robert G. Natelson, Law of Property Owners Associations
(Little, Brown & Co. 1989) |
May be out of print, but a copy is available in the GSU Law Library. Call Number KF576.N37 |
|
C. James Dowden, Creating a Community Association: the
Developer’s Role in Condominium and Homeowner Associations (Urban Land Inst.
1986) |
May be out of print, but a copy is available in GSU Law Library. Call Number BL795.G57 D69 |
|
Citation |
Title |
|
Daniel F. Hinkel, Pindar’s Ga. Real Estate Law &
Procedure with Forms, § 7-14.1 (6th ed. 2004) |
Condominiums. Call Number KFG112.P54 |
|
Daniel F. Hinkel, Pindar’s Ga. Real Estate Law &
Procedure with Forms, § 18-23.1 (6th ed. 2004) |
Call Number KFG112.P54 |
|
Daniel F. Hinkel, Abraham Ga. Real Estate Sales Contracts,
§ 1-3.2 (5th ed. 2000) |
Sales of Condominium Units. Call Number KFG126.A95 |
|
Daniel F. Hinkel, Abraham Ga. Real Estate Sales Contracts,
§ 1-3.3 (5th ed. 2000) |
Sale of Condominium Unit—checklist. Call Number KFG126.A95 |
|
Daniel F. Hinkel, Abraham Ga. Real Estate Sales Contracts,
§ 1-3.5 (5th ed. 2000) |
Condominium Units and “shared equities.” Call Number KFG126.A95 |
|
Daniel F. Hinkel, Ga. Construction Mechanics’ and
Materialmen’s Liens, § 2-7 (3d.ed. 1998) |
Condominiums. Call Number KFG155.5.H56 |
|
Jerome L. Kaplan, Kaplan’s Nadler Ga. Corporations,
Limited Partnerships, and Limited Liability Corporations, § 15-6 (1993) |
Cooperative apartments and condominiums. Call Number KFG210.N295 |
|
Frank S. Alexander, |
Foreclosures and Condominium Assessments Call Number KFG130.5.F6 A95 |
|
Michael J. Gorby, Premises Liability in |
Condominiums. Call Number KFG196.3.L3 G67 |
1.
Constance L. Hall, Annotation, Validity
and Construction of Regulations of Governing Body of Condominium or Cooperative
Apartment Pertaining to Parking, 60 A.L.R. 5th 647 (1998).
2.
Alois V. Gross, Validity and Construction
of Condominium By-Laws or Regulations Placing Special Regulations, Burdens,
or Restrictions on Non-resident Unit Owners, 74 A.L.R. 4th 295 (1990).
3. Thomas
G. Fisher, Standing to Bring Action
Relating to Real Property of Condominium, 74 A.L.R. 4th 165 (1989).
4.
Eric Hollowell, Condominium Association’s
Liability to Unit Owners for Injuries Caused by Third Person’s Criminal Conduct,
59 A.L.R. 4th 489 (1988).
5.
Janet B. Jones, Right of Condominium
Association’s Management or Governing Body to Inspect Individual Units,
41 A.L.R. 4th 730 (1985).
6.
John E. Theuman, 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 881 (1985).
7.
Andrea G. Nadel, 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 (1985).
8.
Francis M. Dougherty, 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 (1985).
9.
John E. Theuman, Validity and Enforceability
of Condominium Owner’s Covenant to Pay Dues or Fees to Sports or Recreational
Facility, 39 A.L.R. 4th 129 (1985).
10. Sara L. Johnson, Adequacy
and Application of Guidelines Relating to Condominium Association’s Requisite
Approval of Individual Unit Owner’s Improvements or Decoration, 25 A.L.R.
4th 1059 (1983).
11. Janet B. Jones, Validity
and Construction of Law Regulating Conversion of Rental Housing to Condominiums,
21 A.L.R. 4th 1083 (1983).
12. Vitauts M. Gulbis,
Validity, Construction, and Application
of Statutes, or of Condominium Association’s Bylaws or Regulations, Restricting
13. Charles C. Marvel,
Construction of Contractual or State
Regulatory Provisions Respecting Formation, Composition, and Powers of Governing
Body of Condominium Association, 13 A.L.R. 4th 598 (1982).
14. Cordier Karnezis, Enforceability
of Bylaws or Other Rule of Condominium or Co-operative Association Restricting
Occupancy by Children, 100 A.L.R. 3d 241 (1980).
15. Timothy E. Travers,
Expenses for which Condominium Association
May Assess Unit Owners, 77 A.L.R. 3d 1290 (1977).
16. W.E. Shipley, Self-Dealing
by Developers of Condominium Project as Affecting Contracts or Leases with
Condominium Association, 73 A.L.R. 3d 613 (1976).
17. W.E. Shipley, Validity
and Construction of Condominium Association’s Regulations Governing Members’
Use of Common Facilities, 72 A.L.R. 3d 108 (1976).
18. W.E. Shipley, Zoning
or Building Regulations As Applied to Condominiums, 71 A.L.R. 3d 866 (1976).
19. W.E. Shipley, Real
Estate Taxation of Condominiums, 71 A.L.R. 3d 952 (1976).
20. John D. Perovich, Proper
Party Plaintiff in Action for Injury to Common Areas of Condominium Development,
69 A.L.R. 3d 1148 (1976).
21. Allan E. Korpela, Liability
of Condominium Association or Corporation for Injury Allegedly Caused By Condition
of Premises, 45 A.L.R. 3d 1171 (1972).
1.
1
Chapter 6 of the Georgia
Jurisprudence discusses Georgia Condominium and Homeowners’ Association
Law. §§ 1-77 concern Condominiums, while
§§ 78-121 concern Homeowners’ Associations. Georgia Jurisprudence is available online for
Westlaw subscribers.
2. 2
This section deals with mechanics’
and materialmen’s liens with respect to condominiums.
3.
3
This section discusses
determination of common areas in residential condominiums, for the purpose of
defining landlord’s duties and liabilities for injuries to persons injured in
those common areas.
4. 15A Am. Jur. 2d Condominiums and Cooperative Apartments §§ 1-61 (2004).
Discussing generally condominium
law in the
The Uniform
Common Interest Ownership Act was adopted in 1982 by the National Conference of
Commissioners on Uniform State Laws.
It incorporates the Uniform Condominium Act (1980), the Uniform Planned
Community Act (1980), and the Model Real Estate Cooperative Act (1981). According to the prefatory note, the Uniform
Condominium Act, or a substantially similar law, is in effect in 21 states. The Georgia Condominium Act incorporates only
portions of the UCA.
E. Law Review,
Journal, and Other Articles
1.
Seth G. Weissman &
Clara L. Fryer, Recommended Changes
in the Law Affecting Condominiums and Homeowner Associations in Georgia,
1 Ga. St. U. L. Rev. 185 (1985).
The authors point to perceived
weaknesses or inconsistencies in the Georgia Condominium Act and suggest
reforms. Most of the proposed changes involve
incorporating more of the Uniform Condominium Act. Subsequent amendments to the Georgia
Condominium Act have addressed only a few of their concerns.
2.
James J. Scavo, Dispute Resolution in a Community Association,
17 Urb. L. Ann. 295 (1979).
Scavo emphasizes the advantage of
dispute resolution over litigation in a community association setting, arguing that
the expense of litigating disputes often outweighs the advantage. Most of the examples cited involve associations
versus a recalcitrant homeowner. The
author is a principal of Weinstock & Scavo, P.C., in
3.
Michael R. Fierro, Note:
Condominium Association Remedies Against a Recalcitrant Unit Owner,
73
Since the unit owner of a
condominium is a title holder in fee, dealing with the recalcitrant owner can
pose particular problems. The article
discusses remedies and means of enforcement against a homeowner who does not abide
by community rules.
4.
Jeffrey E. Young, The
Georgia Condominium Act of 1975: A Sound Basis for Innovative Condominium
Practice, 24 Emory L.J. 891 (1975).
This article discusses the then
new Georgia Condominium Act. A good legislative
history is found in the footnotes to this article.
5.
Wayne S. Hyatt, Condominium and Home Owner Associations: Formation
and Development, 24 Emory L.J. 977 (1975).
This is an interesting article from the early development period of this area of law. The author seeks to define the true function of the association and comment on a methodology and procedure for solving potential problems and avoiding pitfalls. Wayne S. Hyatt is a leading authority on property association law (see Section VI, infra).
6.
Christa A. Kearney, Condominiums:
No Longer the Ugly Step Sister, Now the Cinderella of Real Estate, 26th
Annual Real Property Law Institute Concurrent Sessions, vol. 2, ch. 10 (2004).
This is a great overview of
current
7.
Seth G. Weissman, Drafting
Updated Community Association Legal Documents, Real Property Law Institute
Symposium Materials (1989).
The 40-page article provides attorneys
with practical advice on specific drafting recommendations for community association
legal documents. The author expresses
that, since there has been tremendous growth in this form of property law,
there was an opportunity to learn from the track record of experience which
existed at the time of this symposium. This article is more technical and detailed,
emphasizing important information for attorneys to consider when drafting
legal documents for condominiums and homeowners’ associations. It is located in the
1. Douglas Scott MacGregor, Georgia
Condominium Law (William S. Julia ed. 1985).
Call Number KFG114.C6 M33
This loose leaf service, formulated like a treatise, is updated annually and is available in the Georgia State College of Law Library in the non-circulating material.
Section IV:
Legislative Information
1963: Apartment Ownership Act. See 1963
1975: The Georgia Condominium
Act. See 1975
2004: The Georgia Condominium Act, O.C.G.A. § 44-3-72—44-3-116 (2004).
B. Georgia Property
Owners’ Association Act
1994: Georgia Property Owners’
Association Act. See 1994
Section V: Computerized Research
For a Lexis keyword search:
1.
click on “Research System”
2.
Under “States Legal-US” click “
3.
Keyword search ideas:
ATLEAST10(condominium)
and not divorce
This search will bring up most of
the
4. Official Code of Georgia,
Annotated may be accessed using “Get A Document.” Use format “O.C.G.A. xx-x-xx”
On Westlaw, setting up a “
The “Georgia Statutes Annotated” tab is
self-explanatory and is often-used.
Georgia Jurisprudence is available on Westlaw only (see above table
summary in Section III.C., supra)
1. Keyword search on Westlaw:
Using “SY(condominium) searches
for all cases where the word “condominium” was used in the West prepared case synopsis,
and seemed to retrieve most of the generally applicable cases. Add other keywords as necessary to narrow the
search.
2. West Key Number Digest Search
using Key Number 89A (Condominium).
3. For a more general search, go
to Keysearch and click on “Property—Real.” Then select “Condominium,” and you will have
a tailored search to which you may add terms and connectors as appropriate. You may also select appropriate databases,
from
4. Access annotated
Section VI:
Miscellaneous Resources
A. Interest Groups,
Associations, and other information on the World Wide Web
1.
megalaw.com
This is a link to MegaLaw’s
condominium law home page. This page
provides a wealth of information in terms of state links, links to other
websites, and condominium articles and publications.
This site provides a collection of
links to various states’ condominium laws.
3.
Community Association
Resource Center
This site provides state links as
well as general information for homeowners, managers, developers, and governing
bodies.
4.
American Homeowners Resource
Center
This site sells itself as “a
national and international grassroots network of homeowners working together to
protect homes.” It is slanted toward the
sensationalized cliché story of the innocent homeowner who has his home taken
by a militant Association for non-payment of some insubstantial fine or
assessment.
1. Wayne S. Hyatt
is the author or contributing author of 12 leading books on planned communities,
condominium association law, and community associations (many are listed in
Section III.A.1 above). He is chairman
of Hyatt & Stubblefield, P.C. in
