Title 44 — Title 44

This article shall be known and may be cited as the ‘‘Georgia Land Sales Act.’’ (Code 1981, § 44-3-1, enacted by Ga. L. 1982, p. 1431, § 1; Ga. L. 1990, p. 606, § 1; Ga. L. 1995, p. 993, § 1.)

Any developer or its agents shall keep among its business records and make reasonably available for examination to a purchaser or the purchaser’s agent the following: (1) A copy of each item required in Code Section 44-3-3; and (2) A copy of the sales agreement from each sale rel…

East and west zones, §44-4-21. Grants of land from state. Error in name of grantee. Correctable errors in grants, §44-5-4. Land registration.

Quorums, §44-3-103. Membership, §44-3-100. Name, §44-3-100. Notice of meetings, §44-3-102. Officers. Eligibility, §44-3-104. Organizations, §44-3-100. Powers and responsibilities, §44-3-106. Access through units to discharge, §44-3-105. 936 INDEX CONDOMINIUMS —Cont’d Associations…

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 callin…

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 condomini…

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 condom…

Termination. Noncompliance with condominium instrument, §44-3-76. Votes of associations. Allocation, §44-3-79. Reallocation, §44-3-81. Eminent domain, §44-3-97. Amendment of condominium instruments, §44-3-93. How cast, §44-3-79. Majority requirements, §44-3-79. Proxies, §44-3-79.…

(a) 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: (1) Employ, retain, dismiss, and replace agents and employees to exercise and discharge the powers and re…

(a) The association shall obtain: (1) 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. Regardle…

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 according…

Recordation of declaration. Constitutes record notice of existence, §44-3-109. Meetings of associations, §44-3-102. Partition. Common elements, §44-3-78. Plans. Failure to follow, §44-3-85. Reallocation of boundaries between units, §44-3-91. CONDOMINIUMS —Cont’d Plans —Cont’d Rec…

Any condition, stipulation, or provision binding any person who enters into a transaction subject to the provisions of this article which waives: (1) Compliance with any provision of this article or of the rules and regulations promulgated under this article; (2) Any rights provi…

Effect or failure to furnish statement, §44-3-110. Rule against perpetuities, §§44-6-200 to 44-6-206. RESTRICTIVE COVENANTS. Real property. Covenants running with the land, §44-5-60. RETAIL INSTALLMENT SALES AND REVOLVING ACCOUNTS. Credit cards. When debt considered paid in full,…

Fraudulently making second deed of conveyance, §44-14-12. Settlement and disbursement by person other than the settlement agent, §44-14-13. Costs and expenses. Lien upon property of convicted offenders, §44-5-210. Croppers. Illegal sale or disposition by cropper, §44-7-103. Refus…

(a) 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 delivere…

(a) 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 …

Conservation easements. Uniformity of laws, §44-10-7. Conveyances to secure debt. Reversion of realty to grantor. Contract rights under currently existing instruments not impaired, §44-14-80. Deeds, §44-5-34. INTERPRETATION AND CONSTRUCTION —Cont’d Disposition of unclaimed proper…

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. (Code 1981, § 44-3-116, enacted by Ga. L. 1990, p. 2…

Association’s capacity, power and standing to sue and be sued, §44-3-106. Enforcement of rules and regulations of associations, §44-3-76. Sales of residential condominium units for residential occupancy. Actions against seller, §44-3-111. Tort actions against associations, §44-3-…

44-3-13. Application of prior law to actions, registrations, and orders prior to July 1, 1990. 44-3-13.1 through 44-3-13.3 [Repealed]. Business records required. Consent to service [Repealed]. Certain waivers in contract void [Renumbered.] 44-3-17. Immunity of commissioner and co…

After 90 days, §44-14-453. Disposition of proceeds, §44-14-455. Notice, §44-14-454. Within 120 days where notice provided, §44-14-453. Trover. Perishable or other property in absence of replevy, §44-12-170. SALES —Cont’d Trust deeds. Enforcement of rights of trustees and holders.…

Editor’s notes. — Ga. L. 1995, p. 993, § 1, renumbered former Code Section 44-3-14 as present Code Section 44-3-10. 44-3-15. Consent to service.

Repealed by Ga. L. 1995, p. 993, § 1, effective July 1, 1995. Editor’s notes. — This Code section was based on Code 1981, § 44-3-15, enacted by Ga. L. 1982, p. 1431, § 1; Ga. L. 1983, p. 3, § 33; Ga. L. 1990, p. 606, § 1. 44-3-16. Certain waivers in contract void.

Editor’s notes. — Ga. L. 1995, p. 993, § 1, renumbered former Code Section 44-3-16 as present Code Section 44-3-11. 44-3-17. Immunity of commissioner and commission from liability and actions. Repealed by Ga. L. 1995, p. 993, § 1, effective July 1, 1995. Editor’s notes. — This Co…

This article shall be known and may be cited as the ‘‘Georgia Time-Share Act.’’ (Code 1981, § 44-3-160, enacted by Ga. L. 1983, p. 1255, § 1; Ga. L. 1984, p. 22, § 44; Ga. L. 1995, p. 1260, § 1.) 274 44-3-162 44-3-161. Purpose of article.

The purposes of this article are to: (1) Give statutory recognition to real property timesharing in this state; (2) Regulate developers of time-share estate and time-share use projects located in this state and outside this state when offered for sale in this state; (3) Require t…

As used in this article, the term: (1) ‘‘Agent’’ means a person authorized by the developer to act for such developer in offering to the public or managing time-share intervals including but not limited to employees or independent contractors of the developer, managing agents, sa…

Offering in connection with sale of time-share intervals, §44-3-187. Promotional contests. Sale of time-share intervals, §44-3-187. Property taxes.

(a) A time-share estate is an estate in real property and has the character and incidents of an estate in fee simple at common law or estate for years, if a leasehold, except as expressly modified by this article. This subsection shall supersede any contrary rule at common law. (…

Purpose of article. Definitions. Time-share projects and programs; application of restrictive covenants; exceptions. Time-share estate title; recording transfer or encumbrance; taxation. Application of zoning and other local codes, ordinances, and regulations. 44-3-178. 44-3-179.…

(a) A time-share program may be created in any unit, unless expressly prohibited by the project instruments. (b) No action for partition of a unit may be maintained except as permitted by the time-share instrument. (Code 1981, § 44-3-165, enacted by Ga. L. 1983, p. 1255, § 1; Ga.…

(a) Project instruments and time-share instruments creating time-share estates located in the State of Georgia shall be recorded in the superior court of the county in which the project is located and shall contain the following: (1) The name of the county in which the property i…

The time-share instruments for a time-share estate program shall prescribe reasonable arrangements for management and operation of the time-share program and for the maintenance, repair, and furnishing of units, which shall include the following: (1) Creation of an association or…

(a) The time-share instruments for a time-share estate program may provide for a developer control period. (b) If the time-share instruments for a time-share estate program provide for the establishment of a developer control period, they shall include provisions for the followin…

Unlawful practices or transactions, §44-3-195. Insurance.

The time-share instruments for a time-share use program shall prescribe reasonable arrangements for management and operation of the time-share program and for the maintenance, repair, and furnishing of units which shall include the following: (1) Standards and procedures for upke…

Developers and exchange companies, §§44-3-172 to 44-3-184. Financing by developer, §§44-3-188, 44-3-189. General provisions, §§44-3-160 to 44-3-164, 44-3-193 to 44-3-196. Registration, §§44-3-190 to 44-3-192. Rights in personalty. Bailments. Deposits, §§44-12-90 to 44-12-96. Gene…

(a) A public offering statement must be provided to each purchaser of a time-share interval. Prospective purchasers receiving a copy of the public offering statement shall sign a statement acknowledging receipt of the public offering statement and such receipt shall be kept at th…

Annual reports filed by exchange companies, §44-3-173. False advertising prohibited. Liability for publication, §44-3-185. Transfers to minors. Custodian. Breach of custodial powers and duties, §44-5-123. Minor. Fault required for personal liability, §44-5-127. Third persons.

Punitive damages. Criteria for awarding, §44-3-195. Purposes of article, §44-3-161. Real estate broker’s license requirement, §44-3-191. Real estate commission. Duties, §44-3-193. Powers, §44-3-193. Public offering statements. Modification and limitations on use, §44-3-193. TIME-S…

Subject to debts, §44-3-188. Encumbrances. Developer’s financial records of payments made to holders, §44-3-188. Developer’s underlying blanket encumbrance. Protection of purchasers from, §44-3-189. Recordation of document encumbering time-share estate, §44-3-163. Escrow. Funds re…

The developer shall immediately amend or supplement the public offering statement to report any material change in the information required by Code Section 44-3-172. As to any exchange program, the developer shall use the current written materials that are supplied to it for dist…

— Ga. L. 1995, p. 1260, § 1, renumbered former Code Section 44-3-189 as present Code Section 44-3-188. Part 6 Registration 44-3-190. Real estate broker’s license requirement; collection of compensation for real estate brokerage services from persons reselling time-share intervals…

The developer shall not sell, lease, assign, or otherwise transfer the entire interest of the developer, other than as a transfer of a time-share interval in the normal course of marketing, in the time-share program or the accommodations or facilities to a third party when such a…

Denial of registration. Administrative review, §44-3-196. Advertising. False advertising, §44-3-185. Offering of gifts or prizes, §44-3-187. Statements or representations prohibited, §44-3-186. Appeals. Denial of registration. Administrative review, §44-3-196. Application of arti…

A judicial proceeding where the accuracy of the public offering statement or validity of any sales agreement is an issue and a rescission of the sales agreement is sought or damages are sought must be commenced within one year after the date upon which the last of the events desc…

(a) It shall be unlawful for any person, directly or indirectly, to sell or offer for sale time-share intervals in this state by authorizing, using, directing, or aiding in the dissemination, publication, distribution, or circulation of any statement, advertisement, radio broadca…

No advertising for the sale or offer for sale of time-share intervals shall: (1) Contain any representation as to the availability of a resale program or rental program offered by or on behalf of the developer or its affiliate unless the resale program or rental program has been …

Statements or representations which are prohibited. Offer of gifts or prizes. Part 5 Financing by Developer 44-3-188. 44-3-189. 44-3-190. 44-3-191. 44-3-192. Developer’s financial records; availability; periodic reports; transfer of developer’s interest subject to debts. Protecti…