Georgia Code, Title 44, Chapter 3, Article 3 - Condominiums

• § 44-3-70 - Short Title
  This article shall be known and may be cited as the "Georgia Condominium Act."
• § 44-3-71 - Definitions
  As used in this article, the term: (1) "Additional property" means any property which may be added to an expandable condominium in accordance with...
• § 44-3-72 - Creation of Condominium
  A condominium shall come into existence upon the recordation of the declaration pursuant to this article and of the plats and plans required by...
• § 44-3-73 - Sufficiency of Descriptions of Condominium Units; Description of Undivided Interest in Common Elements
  After the submission of any property to this article, no description of a condominium unit located thereon shall be deemed vague, uncertain, or otherwise...
• § 44-3-74 - Recording Condominium Instruments, Plats, Plans, and Encumbrances; Record Books
  (a) The declaration and any amendments thereto shall be entitled to recordation if executed in the manner required for recording deeds to real property....
• § 44-3-75 - Construction and Validity of Condominium Instruments; Conflicts and Inconsistencies; Severability
  (a) Except to the extent otherwise provided by the condominium instruments: (1) The terms defined in Code Section 44-3-71 shall be deemed to have...
• § 44-3-76 - Compliance With Condominium Instruments, Rules, and Regulations; Means of Enforcement
  Every unit owner and all those entitled to occupy a unit shall comply with all lawful provisions of the condominium instruments. In addition, any...
• § 44-3-77 - Contents of Declaration
  (a) The declaration for every condominium shall contain the following: (1) The name of the condominium, which name shall include the word "condominium" or...
• § 44-3-78 - Allocation -- Interests in Common Elements
  (a) The declaration shall allocate to each unit depicted on plats or plans that comply with subsections (a) and (b) of Code Section 44-3-83...
• § 44-3-79 - Allocation -- Votes in Association; How Votes Cast; Majority Vote Requirements
  (a) The declaration shall allocate a number of votes in the association to each unit depicted on plats or plans that comply with subsections...
• § 44-3-80 - Allocation -- Liability for Common Expenses; How Assessments Made
  (a) Except to the extent that the condominium instruments provide otherwise, any common expenses associated with the maintenance, repair, renovation, restoration, or replacement of...
• § 44-3-81 - Reallocation of Interests in Common Elements, Votes, and Liability for Common Expenses
  (a) Interests in the common elements shall not be allocated to any units to be created within any additional property until plats or plans...
• § 44-3-82 - Assignments and Reassignments of Limited Common Elements
  (a) All assignments and reassignments of limited common elements shall be made or provided for in the condominium instruments. No limited common element shall...
• § 44-3-83 - Recording of Plats and Plans; Contents; Completion of Structural Improvements; Certification by Registered Architect or Engineer
  (a) Prior to the first conveyance of a condominium unit, there shall be recorded one or more plats of survey showing the location and...
• § 44-3-84 - Use of Previously Recorded Plans in Lieu of New Plans
  Plans previously recorded pursuant to subsection (b) of Code Section 44-3-77 may be used in lieu of new plans to satisfy in whole or...
• § 44-3-85 - Liability for Failure to Follow Plats or Plans; Easements; Liability for Damage
  (a) The purpose of this Code section is to protect the unit owners, except in cases of willful and intentional misconduct by them or...
• § 44-3-86 - Leasehold Condominiums; Lessor's Rights and Powers; Owner's Rights and Powers; Liens; Performance of Covenants
  (a) As used in this Code section, the term "lessor" means any lessor, sublessor, or grantor of an estate for years.(b) In the case...
• § 44-3-87 - Conversion Condominiums; Notice; Offer to Convey; Time Periods; Rights of Tenant
  (a) The declarant of a conversion condominium shall deliver notice of the conversion to each tenant in possession of a unit which is subject...
• § 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
  (a) With the consent of the mortgagees thereof, the declarant may convert all or any portion of any convertible space into one or more...
• § 44-3-89 - Expansion of Condominium; Amendment to Declaration
  No condominium shall be expanded except in accordance with the provisions of the declaration and this article. Any expansion shall be deemed to have...
• § 44-3-90 - Alterations Within Units; Combining Two or More Units
  (a) Except to the extent prohibited by the condominium instruments and subject to any restrictions and limitations specified therein, any unit owner may make...
• § 44-3-91 - Relocation of Boundaries Between Units; Application for Relocation; Amendment to Declaration; Plans and Plats; Recording
  (a) If the condominium instruments expressly permit the relocation of boundaries between adjoining units, the boundaries between those units may be relocated in accordance...
• § 44-3-92 - Subdivision of Units; Application for Subdivision; Amendment to Declaration; Plans and Plats; Recordation
  (a) If the condominium instruments expressly permit the subdivision of any units, the units may be subdivided in accordance with this Code section and...
• § 44-3-93 - Amendment of Condominium Instruments
  (a)(1) Except to the extent expressly permitted or required by other provisions of this article, the condominium instruments shall be amended only by the...
• § 44-3-94 - Damage or Destruction of Units; Restoration; Vote Not to Restore; Allocation of Insurance Deductible
  Unless otherwise provided in the condominium instruments, in the event of damage to or destruction of any unit by a casualty covered under insurance...
• § 44-3-95 - Effect of Mortgages and Liens; Foreclosure; Release
  (a) In the event of the foreclosure of any mortgage or lien which is subordinate to the declaration or from which any condominium unit...
• § 44-3-96 - Separate Titles and Taxation
  For all purposes, each condominium unit shall constitute a separate parcel of real property which shall be distinct from all other condominium units. If...
• § 44-3-97 - Eminent Domain; Compensation; Reallocation of Interests; Court Determination; Amendment to Declaration
  (a) If any portion of the common elements is taken by eminent domain, the award therefor shall be allocated to the unit owners in...
• § 44-3-98 - Termination of Condominium; Creation of Tenancy in Common; Distribution of Assets; Transfer of Mortgages and Liens
  (a) The condominium shall be terminated only by the agreement of unit owners of units to which four-fifths of the votes in the association...
• § 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
  (a) Unless the condominium instruments expressly prohibit the withdrawal of any submitted property from the condominium, submitted property may be withdrawn but only in...
• § 44-3-100 - Incorporation of Association; Name; Articles and Bylaws; Membership; Organization
  (a) Prior to recording the declaration, the declarant shall cause the association to be duly incorporated either as a business corporation under Chapter 2...
• § 44-3-101 - Control of Association by Declarant; Surrender of Control to Unit Owners; Liability for Books and Records; Cancellation of Leases and Contracts
  (a) If provided for in the condominium instruments and subject to any limitations contained in the condominium instruments, the association's articles of incorporation, the...
• § 44-3-102 - Meetings of the Association; Notice; Reports
  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...
• § 44-3-103 - Quorums At Meetings of Association or Board
  Unless the condominium instruments or bylaws provide otherwise, a quorum shall be deemed present throughout any meeting of the members of the association if...
• § 44-3-104 - Directors and Officers; Eligibility
  If the condominium instruments provide that any member of the board of directors or any officer of the association must be a unit owner,...
• § 44-3-105 - Powers and Duties As to Upkeep of the Condominium; Access; Liability for Damage
  Except to the extent otherwise provided by the condominium instruments, all powers and responsibilities with regard to maintenance, repair, renovation, restoration, and replacement shall...
• § 44-3-106 - Powers and Responsibilities of Association; Tort Actions
  (a) Except to the extent prohibited by the condominium instruments and subject to any restrictions and limitations specified therein, the association shall have the...
• § 44-3-107 - Insurance Coverage
  (a) The association shall obtain: (1) A property insurance policy or policies affording fire and extended coverage insurance for and in an amount consonant...
• § 44-3-108 - Common Profits; Application to Expenses; Surplus
  The common profits shall be applied to the payment of common expenses, and the rights in any surplus remaining after such payment shall pertain...
• § 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
  (a) All sums lawfully assessed by the association against any unit owner or condominium unit, whether for the share of the common expenses pertaining...
• § 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
  Any rights of first refusal or other restraints on free alienability of the condominium units created by the condominium instruments shall be void unless...
• § 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
  (a) This Code section shall apply only to the first bona fide sale of each residential condominium unit for residential occupancy by the buyer,...
• § 44-3-112 - Escrow of Deposits or Other Payments Made Prior to Closing
  (a) Any deposit or other payment made prior to closing with respect to the first bona fide sale of each residential condominium unit for...
• § 44-3-113 - Applicability of This Article; Effect on Existing Condominiums
  (a) This article shall apply to all property which is submitted to this article and shall also apply to any condominium created prior to...
• § 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
  (a) No zoning, subdivision, building code, or other real estate use law, ordinance, or regulation shall prohibit the condominium form of ownership or impose...
• § 44-3-115 - Construction of This Article; Substantial Compliance; Procedure for Curing Defects in Recorded Instruments
  The provisions of this article and of condominium instruments recorded pursuant thereto shall be liberally construed in favor of the valid establishment of a...
• § 44-3-116 - Limitations in Certain Restrictive Covenants Inapplicable
  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...
• § 44-3-117 - Application to Subcondominiums; Creation of Subcondominium; Subassociation; Insurance; Effect of Certain Liens; Eminent Domain; Description of Certain Units; Assessments
  (a) Except as otherwise set forth in this Code section, the creation of a subcondominium shall not limit the application of this article in...

Last modified: October 14, 2016