Prior to recording the declaration, the declarant shall cause the association to be duly incorporated either as a business corporation under Chapter 2 of Title 14 or as a nonprofit membership corporation under Chapter 3 of Title 14. The corporate name of the association shall include the phrase “unit owners’ association” or the phrase “condominium […]
If provided for in the condominium instruments and subject to any limitations contained in the condominium instruments, the association’s articles of incorporation, the association’s bylaws, or this article with respect thereto, the declarant shall be authorized to appoint and remove any member or members of the board of directors and any officer or officers of […]
Meetings of the members of the association shall be held in accordance with the provisions of the association’s bylaws and in any event shall be called not less frequently than annually. A condominium instrument recorded on or after July 1, 1990, shall also provide for the calling of a meeting upon the written request of […]
Unless the condominium instruments or bylaws provide otherwise, a quorum shall be deemed present throughout any meeting of the members of the association if persons entitled to cast more than one-third of the votes are present at the beginning of the meeting. Unless the condominium instruments or bylaws specify a larger percentage, the presence of […]
If the condominium instruments provide that any member of the board of directors or any officer of the association must be a unit owner, then, notwithstanding paragraph (1) of subsection (a) of Code Section 44-3-75, the term “unit owner” in such context shall, unless the condominium instruments otherwise provide, be deemed to include, without limitation, […]
Except to the extent otherwise provided by the condominium instruments, all powers and responsibilities with regard to maintenance, repair, renovation, restoration, and replacement shall pertain to the association in the case of the common elements other than limited common elements and to the individual unit owner in the case of any unit and the limited […]
Except to the extent prohibited by the condominium instruments and subject to any restrictions and limitations specified therein, the association shall have the power to: Employ, retain, dismiss, and replace agents and employees to exercise and discharge the powers and responsibilities of the association; Make or cause to be made additional improvements on and as […]
The association shall obtain: A property insurance policy or policies affording fire and extended coverage insurance for and in an amount consonant with the full insurable replacement cost, less deductibles, of all buildings and structures within the condominium. Regardless of the boundaries of the condominium units, the insurance required by this paragraph shall include, without […]
The common profits shall be applied to the payment of common expenses, and the rights in any surplus remaining after such payment shall pertain to the condominium units in proportion to the liability for common expenses pertaining to each such unit. The surplus shall be accordingly distributed to or credited to the next assessments chargeable […]
All sums lawfully assessed by the association against any unit owner or condominium unit, whether for the share of the common expenses pertaining to that condominium unit, for fines, or otherwise, and all reasonable charges made to any unit owner or condominium unit for materials furnished or services rendered by the association at the owner’s […]
Any rights of first refusal or other restraints on free alienability of the condominium units created by the condominium instruments shall be void unless the condominium instruments make provision for furnishing upon request to any unit owner or person who has executed a contract for the purchase of a condominium unit a recordable statement certifying […]
This Code section shall apply only to the first bona fide sale of each residential condominium unit for residential occupancy by the buyer, any member of the buyer’s family, or any employee of the buyer. This Code section shall apply to any such sale regardless of whether the seller is the declarant, the association, or […]
Any deposit or other payment made prior to closing with respect to the first bona fide sale of each residential condominium unit for residential occupancy by the buyer, any member of the buyer’s family, or any employee of the buyer shall be held in escrow until it is delivered at closing, delivered to the seller […]
This article shall apply to all property which is submitted to this article and shall also apply to any condominium created prior to October 1, 1975, pursuant to the “Apartment Ownership Act” if the instruments creating such condominium are amended in accordance with their terms in order to submit the condominium to this article. Existing […]
No zoning, subdivision, building code, or other real estate use law, ordinance, or regulation shall prohibit the condominium form of ownership or impose any requirement upon a condominium which it does not impose upon a physically identical development under a different form of ownership. No subdivision law, ordinance, or regulation shall apply to any condominium […]
The provisions of this article and of condominium instruments recorded pursuant thereto shall be liberally construed in favor of the valid establishment of a condominium pursuant to this article with respect to the submitted property. Substantial compliance with the requirements of this article for the establishment of a condominium shall suffice to bring property described […]
The limitations provided in subsection (b) and in paragraphs (1), (2), and (4) of subsection (d) of Code Section 44-5-60 shall not apply to any covenants contained in any condominium instrument created pursuant to this article. History. Code 1981, § 44-3-116 , enacted by Ga. L. 1990, p. 227, § 16; Ga. L. 1994, p. […]
Except as otherwise set forth in this Code section, the creation of a subcondominium shall not limit the application of this article in its entirety to such subcondominium. To the extent permitted in the condominium instruments, a condominium unit may be submitted by the owner thereof to a subcondominium and such owner shall thereafter be […]
This article shall be known and may be cited as the “Georgia Condominium Act.” History. Ga. L. 1975, p. 609, § 1. Law reviews. For article, “Recommended Changes in the Law Affecting Condominium and Homeowner Associations in Georgia,” see 1 Ga. St. U.L. Rev. 185 (1985). For article, “Georgia Condominium Law: Beyond the Condominium Act,” […]
As used in this article, the term: “Additional property” means any property which may be added to an expandable condominium in accordance with the provisions of the declaration and this article. “Association” means a corporation formed for the purpose of exercising the powers of the association of any condominium created pursuant to this article. “Board […]
