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Georgia Ch. 44-3
Georgia Condominium Act (O.C.G.A. Title 44, Chapter 3, Article 3)Governs condominiums in Georgia created by recording condominium instruments that comply with O.C.G.A. Article 3, §§ 44-3-70 to 44-3-117. Covers definitions, organization and membership, declarant control and transition, quorum and governance, assessment liens and judicial foreclosure, resale disclosure, and amendment of the condominium instruments.Official source
§ 44-3-70
Names the article: it shall be known and may be cited as the Georgia Condominium Act.
§ 44-3-71
Defines the terms used throughout the article, including association, board of directors, common elements, common expenses, condominium instruments, declarant, declaration, foreclosure, and unit owner.
§ 44-3-76
Requires every unit owner and occupant to comply with the condominium instruments, reasonable rules, and the bylaws. Noncompliance is grounds for an action for sums due, damages, injunctive relief, or any other remedy at law or in equity. If and to the extent the instruments provide, the association may impose fines and temporarily suspend voting rights and certain common-element use rights.
§ 44-3-86
Governs leasehold condominiums: the lessor cannot terminate a unit owner's leasehold while the condominium exists, and unpaid rent may be secured by a lien foreclosed by action, judgment, and foreclosure.
§ 44-3-93
Sets the vote required to amend the condominium instruments: two-thirds of the votes by default, subject to an 80 percent statutory ceiling for most amendments after July 1, 1990, with recording required for an amendment to take effect.
§ 44-3-100
Requires the declarant to incorporate the association before recording the declaration, makes every unit owner an automatic member, and addresses the first board and officers and document access.
§ 44-3-101
Sets the limits on the declarant's power to appoint and remove the board, the events that end declarant control, the transfer of control to unit owners, and an owner remedy if the declarant fails to transition.
§ 44-3-103
Sets the default quorum: more than one-third of the votes for a meeting of the members, and one-half of the board's votes for a board meeting, unless the condominium instruments or bylaws provide otherwise.
§ 44-3-109
Creates the association's lien for lawfully assessed sums, sets its priority, and requires judicial foreclosure by an action, judgment, and court order after at least 30 days' certified-mail notice and only if the lien is at least $2,000.00. Also provides the statement of amounts due on request.
§ 44-3-111
On the first bona fide sale of a residential unit for residential occupancy, the buyer may void the contract until at least seven days after the seller furnishes the specified documents. That seven-day right may not be waived.
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