Georgia Condominium and Community Association Law: A Research Guide  

 

Edited and published by Jed Morton, Attorney at Law

Abstract: This guide includes resources to aid the researcher of Georgia condominium and homeowners' association law. Primary sources include the Georgia Condominium Act, the Georgia Property Owners' Association Act, and relevant case law.

 

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Introduction

A.   Scope

B.   Background

Primary Sources

A.   Statutes

B.   Cases

Secondary Sources

A.   Books and Treatises

B. American Law Reports

C. Legal Encyclopedia

D. Uniform Laws

E. Law Review, Journal, and other Articles

F. Loose Leaf Services

Legislative Information

A.   The Georgia Condominium Act

B.   The Georgia Property Owners’ Association Act

Computerized Research

A.   Lexis/Nexis

B.   Westlaw

Miscellaneous Resources

A.   Interest Groups and Associations

B.   Authors

 

 

 

        

Section I:  Introduction

 

A.  Scope

 

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 Georgia law, reference material from all jurisdictions is included where it proves useful for general or background information. 

 

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.

 

B.  Background

 

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 Roman Empire, and 5th Century B.C. Hebrews.  While their historical genesis is widely disputed, scholars agree that condominiums were first afforded statutory recognition under the Napoleonic Code of 1804.  The first “state” statute in this country was enacted by Puerto Rico in 1958; most states soon followed that example by adopting variations of either the Puerto Rico statute or the 1962 Federal Housing Administration Model Condominium Statute.  These statutes answered an increasing need for regulation of community owned property but soon lost pace with changes in this rapidly growing field.  More comprehensive “second generation” community property laws followed in the late 1970’s.  It was in that context, in 1980, that the National Conference of Commissioners on Uniform State Laws drafted the Uniform Condominium Act (UCA).  Many states subsequently incorporated substantial portions of the UCA in their statutes. 

 

The Primary Source information in Section II of this Guide is devoted to current Georgia statutes (the Georgia Condominium Act and the Georgia Property Owners’ Association Act) and their interpretation through Georgia case law.  Georgia has adopted only portions of The Uniform Act.  It is linked under the Secondary Source list, infra, so that the interested researcher may compare and contrast it with Georgia law.   

 

 

Section II:  Primary Sources

 

A.  Statutes

                  

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 Ga. Jur. Property § 6:78).

 

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

§ 44-3-70

Short Title

Short Title

§ 44-3-220

§ 44-3-71

Definitions

[includes definition of “unit owner”]

Definitions

§ 44-3-221

Persons deemed to be “lot owner” [expands § 221 definition for purposes of officers and board members]

§ 44-3-229

§ 44-3-72

Creation of condominium

Creation of property owners’ development; affirmative election to be governed by article

§ 44-3-222

§ 44-3-73

Sufficiency of descriptions of condominium units; description of undivided interest in common elements

N/A

N/A

§ 44-3-74

Recording condominium instruments, plats, plans, and encumberances; record books

N/A

N/A

§ 44-3-75

Construction and validity of condominium instruments; conflicts and inconsistencies; severability

N/A

N/A

§ 44-3-76

Compliance with condominium instruments, rules, and regulations; means of enforcement

Compliance with provisions of instrument and with rules and regulations; penalties for noncompliance

§ 44-3-223

§ 44-3-77

Contents of declaration

N/A

N/A

§ 44-3-78

Allocation—Interests in common elements

N/A

N/A

§ 44-3-79

Allocation—votes in association; how votes cast; majority vote requirements

Voting at association meetings

§ 44-3-224

§ 44-3-80

Liability for common expenses; how assessments made

Assessment of expenses; exemption from liability; liability for unpaid assessments

§ 44-3-225

§ 44-3-81

Reallocation of interests in common elements, votes, and liability for common expenses

N/A

N/A

§ 44-3-82

Assignments and reassignments of limited common elements

N/A

N/A

§ 44-3-83

Recording of plats and plans; contents; completion of structural improvements; certification by registered architect or engineer

N/A

N/A

§ 44-3-84

Use of previously recorded plans in lieu of new plans

N/A

N/A

§ 44-3-85

Liability for failure to follow plats or plans; easements; liability for damage

N/A

N/A

§ 44-3-86

Leasehold condominiums; lessor’s rights and powers; owner’s rights and powers; liens; performance of covenants

N/A

N/A

§ 44-3-87

Conversion condominiums; notice; offer to convey; time periods; rights of tenants

N/A

N/A

§ 44-3-88

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

§ 44-3-89

Expansion of condominium; amendment to declaration

N/A

N/A

§ 44-3-90

Alterations within units; combining two or more units

N/A

N/A

§ 44-3-91

Relocation of boundaries between units; application for relocation; amendment to declaration; plans and plats; recording

N/A

N/A

§ 44-3-92

Subdivision of units; application for subdivision; amendment to declaration; plans and plats; recording

N/A

N/A

§ 44-3-93

Amendment of condominium instruments

Amendment of instrument; presumption of validity in court action

§ 44-3-226

§ 44-3-94

Damage or destruction of units; restoration; vote not to restore; allocation of insurance deductible

N/A

N/A

§ 44-3-95

Effect of mortgages and liens; foreclosure; release

N/A

N/A

§ 44-3-96

Separate titles and taxation

N/A

N/A

§ 44-3-97

Eminent domain; compensation; reallocation of interests; court determination; amendment to declaration

N/A

N/A

§ 44-3-98

Termination of condominium; creation of tenancy in common; distribution of assets; transfer of mortgages and liens

N/A

N/A

§ 44-3-99

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

§ 44-3-100

Incorporation of association; name; articles and bylaws; membership; organization

Incorporation as prerequisite to submission of article; requirements as to corporate documents; board of directors

§ 44-3-227

§ 44-3-101

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

§ 44-3-102

Meetings of the association; notice; reports

Frequency of meetings; notice

§ 44-3-230

§ 44-3-103

Quorums at meetings of association or board

Presence of quorums at meetings

§ 44-3-228

§ 44-3-104

Directors and officers; eligibility

N/A

N/A

§ 44-3-105

Powers and duties as to upkeep of the condominium; access; liability for damage

N/A

N/A

§ 44-3-106

Powers and responsibilities of association; tort actions

Powers and duties of association; legal actions against agent or employee of association

§ 44-3-231

§ 44-3-107

Insurance Coverage

N/A

N/A

§ 44-3-108

Common profits; application to expenses; surplus

N/A

N/A

§ 44-3-109

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

§ 44-3-232

§ 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

N/A

N/A

§ 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 periods; attorney’s fees; penalty for willful violation

N/A

N/A

§ 44-3-112

Escrow of deposits or other payments made prior to closing

N/A

N/A

§ 44-3-113

Applicability of this article; effect on existing condominiums

Applicability of article

§ 44-3-235

Application of article

§ 44-3-234

§ 44-3-114

Effect of article upon land use, zoning, building, and subdivision laws; effect of Code Section 44-3-92

N/A

N/A

§ 44-3-115

Construction of this article; substantial compliance; procedure for curing defects in recorded instruments

Liberal construction of article; substantial compliance; curing of defects by amendment

§ 44-3-233

§ 44-3-116

Limitations in certain restrictive covenants inapplicable

N/A

N/A

§ 44-3-117

(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

§ 44-3-71

Definitions

[includes definition of “unit owner”]

Persons deemed to be “lot owner”

§ 44-3-229

 

 

 

                  

 

B.  Cases</