Title 44 — Title 44

Public offering statements. Contents, §44-3-172. Reports, §44-3-173. Nonresidents. Out-of-state projects, managing agents and exchange programs. Requirements, §44-3-191. 1167 INDEX TIME-SHARES —Cont’d Notice. Denial of registration, §44-3-196. Transfer of developer’s entire inter…

Purchaser free of, §44-3-180. Prior to July 1, 1983, §44-3-171. Public offering statements. Contents, §44-3-172. Exemption from other state laws requiring, §44-3-177. Exemptions from requirement under article, §44-3-178. Limitations on use, §44-3-193. Modification by real estate c…

Required, §44-3-190. Use of proper forms, §44-3-196. Reports, §44-3-173. Fee simple estates. Character and incidents of time-share estates, §44-3-163. 1166 INDEX TIME-SHARES —Cont’d Fines. Criminal fines, §44-3-195. Foreclosures. Developer’s underlying blanket liens or encumbrance…

Compliance with this article shall not be required in the case of: (1) Any transfer of a time-share interval by any time-share interval owner other than the developer or such developer’s agent; (2) Any disposition pursuant to court order; (3) A disposition by a government or gove…

Cooperation with other states, §44-12-213. RURAL TELEPHONE COOPERATIVES. Abandoned patronage dividends and capital credits. Donation to tax-exempt nonprofit organizations, §44-12-236.1. Disposition of abandoned property. Patronage dividends or capital credits presumed abandoned. D…

Any developer or its agents shall keep among its business records and make reasonably available for examination to the purchaser or the time-share program’s association or its authorized agent the following: (1) A copy of each item required by this article; (2) A copy of the sale…

Liens affecting time-share intervals. Insurance against, §44-3-180. Interval sales. Cancellation of sales agreement. Purchasers or developers, §44-3-174. False advertising prohibited, §44-3-185. Offer of gifts or prizes, §44-3-187.

Exceptions from registration, §44-3-192. Requirements for out-of-state projects, §44-3-191. TIME-SHARES —Cont’d Time-share programs —Cont’d Sale prior to July 1, 1983, §44-3-171. Use of proper forms, §44-3-196. Time-share project associations. Financial and other records, §44-3-1…

Editor’s notes. — Ga. L. 1995, p. 1260, § 1, renumbered former Code Section 44-3-197 as present Code Section 44-3-192. 44-3-198. Powers and duties of the commission.

Repealed by Ga. L. 1995, p. 1260, § 1, effective July 1, 1995. Editor’s notes. — This Code section was based on Code 1981, § 44-3-198, enacted by Ga. L. 1983, p. 1255, § 1. 44-3-199. Modification of public offering statement; limitations on use of public offering statement. Edito…

As used in this article, the term: (1) ‘‘Agent’’ means any person who represents, or acts for or on behalf of, a developer in selling or leasing or offering to sell or lease any lot or lots in a subdivision but shall not include an attorney at law whose representation of another …

Editor’s notes. — Ga. L. 1995, p. 1260, § 1, renumbered former Code Section 44-3-200 as present Code Section 44-3-194. 44-3-201. Investigation of developer, agent, or exchange program; report confidential; enumeration of grounds for reprimand or for suspension or revocation of re…

Editor’s notes. — Ga. L. 1995, p. 1260, § 1, renumbered former Code Section 44-3-202 as present Code Section 44-3-195. Former Code Section 44-3-202 related to criminal penalty for violation of article. 44-3-203 and 44-3-204. Repealed by Ga. L. 1995, p. 1260, § 1, effective July 1…

This article shall be known and may be cited as the ‘‘Georgia Property Owners’ Association Act.’’ (Code 1981, § 44-3-220, enacted by Ga. L. 1994, p. 1879, § 1.) 44-3-221. Definitions.

As used in this article, the term: (1) ‘‘Board of directors’’ or ‘‘board’’ means an executive and administrative body, by whatever name denominated, designated in the instrument as the governing body of the association. (2) ‘‘Common area’’ means all real and personal property sub…

(a) Since a lot owner may be more than one person, if only one of those persons is present at a meeting of the association, or is voting by proxy, ballot, or written consent, that person shall be entitled to cast the votes pertaining to that lot. However, if more than one of thos…

Rights of way. Effect of sale of property for assessments for improvements, §44-9-7. ASSETS.

Noncompliance with instrument or rules and regulations, §44-3-223. Instrument. Amendment, §44-3-226. Curing of defects by amendments, §44-3-233. Compliance by lot owners required, §44-3-223. 1116 INDEX PROPERTY OWNERS’ ASSOCIATIONS —Cont’d Instrument —Cont’d Defined, §44-3-221. In…

Unless the instrument 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 instrument or bylaws s…

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. Notice shall be given to each lot owner at least 21 days in advance of any annual or regularl…

1086 INDEX NOTICE —Cont’d Real property. Grants of land from state. Correction of errors. Application to governor, §44-5-5. Lis pendens notice, §§44-14-610 to 44-14-613. Sales made on foreclosure under power of sale. Hearings, §44-14-161. Mailing of notice to debtor, §§44-14-162.…

Effect of sale of property for taxes or assessments, §44-9-7. Time-shares. Time-share units, §44-3-163. PROSTITUTION. Landlord and tenant. Effect of leases for purposes of prostitution or assignation, §44-7-18. Leases for purposes of prostitution or assignation. Effect, §44-7-18.…

Application and construction of provisions relating to estates in realty, §44-1-11. Recordation. Uniform real property electronic recording act, §44-2-39.1. Relation to federal law regarding electronic signatures, §44-2-39.2. Remainders and reversions.

The limitations provided in subsection (b) and paragraphs (1), (2), and (4) of subsection (d) of Code Section 44-5-60 shall not apply to any covenants contained in any instrument created pursuant to or submitted to this article. (Code 1981, § 44-3-234, enacted by Ga. L. 1994, p. …

(a) This article shall apply to all property which is submitted to this article. This article shall also apply to any association of owners subject to a recorded declaration of covenants upon property, which covenants are administered by an owners’ association in which membership…

Any developer that directly manages a homeowners’ or condominium owners’ association whose annual assessment fee is $500.00 or more in a development or subdivision with 20 or more homes shall provide a report itemizing the expenses for such homeowners’ or condominium owners’ asso…

Orders prohibiting acts, practices or transactions in violation of article, §44-3-6. Records. Business records. Required, §44-3-10. Subject to inspection, §44-3-3. Registration. Accompanying documents, §44-3-3. Application of prior law, §44-3-13. Bond, letter of credit or financia…

Unless the method of sale is adopted for the purpose of evasion of this article or of the federal Interstate Land Sales Full Disclosure Act, the provisions of Code Section 44-3-3 shall not apply to offers or dispositions in an interest in land: (1) By a purchaser of any subdivisi…

44-3-5. Violations of article. 44-3-6. Order prohibiting act, practice, or transaction in violation of article; injunctive relief. 44-3-7. Willful violation of article; effect on statutory or common-law right to punish violations; effect of article on administrator appointed unde…

(a) It shall be unlawful for any person: (1) To offer to sell or to sell any subdivided land in violation of any provision of this article; (2) To offer to sell or to sell any subdivided land by means of any oral or written untrue statement of a material fact or any omission to s…

Registration, §44-3-3. Limitation on actions by buyers for violations of article, §44-3-8. Limited offer transaction exemption, §44-3-4. Mortgages.

Criminal proceedings, §44-3-6. Injunction proceedings, §44-3-6. Survival of actions by buyers for violations of article, §44-3-8. Venue for civil or criminal actions under article, §44-3-9. Violations of article, §44-3-5. Order of commission prohibiting act, practice or transacti…

This article shall be known and may be cited as the ‘‘Georgia Condominium Act.’’ (Ga. L. 1975, p. 609, § 1.)

As used in this article, the term: (1) ‘‘Additional property’’ means any property which may be added to an expandable condominium in accordance with the provisions of the declaration and this article. (2) ‘‘Association’’ means a corporation formed for the purpose of exercising th…

Execution, §44-3-72. Expandable condominiums. Contents, §44-3-77. Expansion of condominium, §44-3-89. Leasehold condominiums. Contents, §44-3-77. Notice of existence of lien. Recordation constitutes record notice, §44-3-109. Recordation, §44-3-74. Amendment effecting conversion, …

Encroachments on other units or common elements. Easement for encroachment, §44-3-85. Insurance.

Withdrawal of submitted property, §44-3-99. Deeds.

Application of common profits to payment, §44-3-108. Assessment against unit, §44-3-80. Allocation, §44-3-80. Eminent domain, §44-3-97. Reallocation, §44-3-81. How assessments made, §44-3-80. Liability, §44-3-80. Common profits, §44-3-108. Compliance with article. Substantial compl…

(a) The declaration for every condominium shall contain the following: (1) The name of the condominium, which name shall include the word ‘‘condominium’’ or be followed by the words ‘‘a condominium’’; (2) The name of the county or counties in which the condominium is located; (3)…

(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 an undivided interest in the common elements. Such allocation may be by percentage, fraction, formula, or any other method which indicates t…

Condominium instruments generally, §44-3-93. Recordation, §44-3-74. Boundaries between units. Reallocation, §44-3-91. Compliance with condominium instruments generally, §44-3-76. Conflicts and inconsistencies, §44-3-75. Construction and validity of instruments generally, §44-3-75.…

Common law right to punish violation, §44-3-7. Time-share estate title, §44-3-163. 934 INDEX COMMON PROFITS. Condominiums. Allocation, §44-3-80. Application to expenses, §44-3-108. Defined, §44-3-71. COMMUNITY AFFAIRS. Department of community affairs. Historic preservation. Design…

(a) All assignments and reassignments of limited common elements shall be made or provided for in the condominium instruments. No limited common element shall be assigned or reassigned except in accordance with this article. No amendment to any condominium instrument shall alter …

Aiding and abetting removal of encumbered property to hinder levy, §44-14-9. Conviction not dependent upon principal’s conviction, §44-14-9. Venue, §44-14-9. Bills of sale to secure debt. Grantor’s right to reconvey. Effect against grantor, §44-14-66. Burden of proof. Removal of …

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 in part the requirements of Code Section 44-3-89 if certifications thereof are recorded by the declarant in accordance with subsection (c) of Code …

Encroachment of unit or common element on other unit or common element, §44-3-85. Improvements contemplated by instruments, §44-3-85. Maintenance of sales office and model units, §44-3-85. Reservation to declarant of other easements, §44-3-85. 938 INDEX CONDOMINIUMS —Cont’d Elect…

Reallocation of interest in common elements, votes and liability for common expenses, §44-3-81. Recordation, §44-3-74. Sales of residential condominium units for residential occupancy. Sales subject to lease, §44-3-111. Liens, §44-3-95. Assessments, §44-3-109. Extinguishment of l…

Conversion, §44-3-88. Declaration. Amendment to declaration if effecting conversion, §44-3-88. Reallocation of sums assessed prior to conversion, §44-3-88. Treatment of convertible space not converted, §44-3-88. Conveyances. Conversion condominiums. Offer to convey, §44-3-87. Cov…

Notice of existence of liens, §44-3-109. Reallocation of boundaries between units, §44-3-91. Subdivision of units, §44-3-92. Defects in recorded instruments. Procedure for curing, §44-3-115. Notice of existence of lien. Recordation of declaration constitutes record notice, §44-3-…

No condominium shall be expanded except in accordance with the provisions of the declaration and this article. Any expansion shall be deemed to have occurred at the time of the recordation of plats or plans pursuant to subsection (c) of Code Section 44-3-83 and an amendment to th…