Title 44

(a) Any time-share program registered under this article in which a public offering statement has been prepared shall not require registration under any of the following: (1) Article 1 of this chapter; (2) Chapter 5 of Title 10; or (3) Any other state law which requires the prepa…

(a) In lieu of the public offering statement required by this article, the developer may give prospective purchasers a public offering statement or similar disclosure document which meets the requirements of the Federal Securities and Exchange Act of 1933 or, if the time-share pr…

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…

(a) Unless the purchaser expressly agrees in the sales agreement to accept such purchaser’s interest subject to a lien or by assuming a lien prior to transferring a time-share interval other than by deed in lieu of foreclosure, the developer shall record or furnish to the purchas…

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…

The person or entity responsible for making or collecting common expense assessments or maintenance assessments shall keep detailed financial records and shall keep said funds in a designated trust account. All financial and other records shall be made reasonably available for ex…

If a developer or any other person subject to this article violates any provision of this article or any provision of the project instruments, any person or class of persons adversely affected by the violation has a claim for appropriate relief. Punitive damages may be awarded fo…

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 …

Any person who offers a gift, prize, award, or other item, or any other promotional contest or giveaway in connection with the sale or offer to sell of time-share intervals under this article must comply with all of the provisions of paragraph (16) of subsection (b) of Code Secti…

In the developer’s financing of a time-share program, the developer shall retain financial records of the schedule of payments required to be made and the payments made to any person or entity which is the holder of an underlying blanket mortgage, deed of trust, contract of sale,…

The developer whose project is subject to an underlying blanket lien or encumbrance shall protect nondefaulting purchasers from foreclosure by the lienholder by obtaining from the lienholder a nondisturbance clause, subordination agreements, partial release of the lien as the tim…

(a) It shall be unlawful for any person to engage in the business of, act in the capacity of, advertise, or assume to act as a sales agent or managing agent within this state without first obtaining a license to act as a real estate broker if required by Chapter 40 of Title 43. (…

(a) Time-share projects located outside this state and offered for sale in this state must comply with such time-share regulations as exist in the situs state unless the provisions of this article are more restrictive, and then the provisions of this article shall be equally appl…

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…

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…

(a) Except that violations of Code Section 44-3-188 shall be subject only to the remedies available under paragraph (16) of subsection (b) of Code Section 10-1-393, any person who shall willfully and intentionally violate any provision of this article shall be guilty of a misdeme…

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.)

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 property owners’ development shall come into existence upon either the recordation of the declaration pursuant to this article or the amendment of a recorded declaration in accordance with Code Section 44-3-235. Any declaration or amendment intending to bring or avail a develop…

Every lot owner and all those entitled to occupy a lot shall comply with all lawful provisions of the property owners’ association instrument. In addition, any lot owner and all those entitled to occupy a lot shall comply with any reasonable rules or regulations adopted by the as…

(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…

(a) To the extent that the instrument expressly so provides: (1) Any common expenses benefiting less than all of the lots shall be specially assessed equitably among all of the lots so benefited, as determined by the board; (2) Any common expenses occasioned by the conduct of les…

(a) Except to the extent expressly permitted or required by other provisions of this article, the instrument shall be amended only by the agreement of lot owners of lots to which two-thirds of the votes in the association pertain or such larger majority as the instrument may spec…

(a) Prior to submission to this article, the association shall 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, as amended. The corporate name of the association shall include t…

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…

If the instrument provides that any member of the board of directors or any officer of the association must be a lot owner, then, notwithstanding Code Section 44-3-221, the term ‘‘lot owner’’ in such context shall, unless the instrument otherwise provides, be deemed to include, w…

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…

(a) Except to the extent prohibited by the instrument 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 responsibilitie…

(a) All sums lawfully assessed by the association against any lot owner or property owners’ association lot, whether for the share of the common expenses pertaining to that lot, fines, or otherwise, and all reasonable charges made to any lot owner or lot for materials furnished o…

The provisions of this article and of an instrument recorded pursuant thereto shall be liberally construed in favor of the valid establishment of property owners’ association pursuant to this article with respect to the submitted property. Substantial compliance with the requirem…

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…

Records required to be kept by developer or agents. Criminal penalty for violation of article; injunction restraining prohibited conduct; liability for damages; attorney’s fees. Application of article to time-share programs created prior to or following July 1, 1983. Exceptions f…

PROPERTY INSURANCE. Advances secured by mortgage or conveyance to secure debt. Advances to pay premiums on insurance on property, §44-14-2. Condominiums. Associations. Insurance coverage, §44-3-107. PROPERTY OWNERS’ ASSOCIATIONS. Actions. Agent or employee of association. Legal a…

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,

Every other year, the judge of the probate court of each county shall appoint three suitable persons in every militia district in the county who shall be processioners of land for that district until their successors are appointed. In the event the judge of the probate court is u…

The applicant shall pay to each of the processioners not less than $6.00 per day for his services. If a protest is filed, the costs of the court shall abide the issue. The judge of the probate court is authorized to fix the compensation of the processioners at the time of making …

Every owner of land, any portion of which lies in any militia district even if the remainder lies in an adjoining district or an adjoining county, who desires the lines around his entire tract to be resurveyed and re-marked shall apply to the processioners of the district to appo…

It shall be the duty of the county surveyor and the processioners to take all due precautions to arrive at the true lines and to trace out and plainly mark the same. The surveyor shall make out and certify a plat of the true lines and deliver a copy thereof to the applicant; and,…

The processioners shall make a return of their acts within 30 days, together with the plat of the surveyor, to the judge of the probate court of the county to be kept on file in his office. (Laws 1799, Cobb’s 1851 Digest, p. 718; Code 1863, § 2360; Code 1868, § 2357; Code 1873, §…

In all cases of disputed lines, the following rules shall apply: (1) Natural landmarks, being less liable to change and not capable of counterfeiting, shall be the most conclusive evidence; (2) Ancient or genuine landmarks such as corner stations or marked trees shall control the…

General reputation in the neighborhood shall be evidence as to ancient landmarks of more than 30 years’ standing. Acquiescence for seven years by acts or declarations of adjoining landowners shall establish a dividing line. (Orig. Code 1863, § 2356; Code 1868, § 2353; Code 1873, …

When actual possession has been had under a claim of right for more than seven years, such claim shall be respected; and the lines shall be marked so as not to interfere with such possession. (Orig. Code 1863, § 2357; Code 1868, § 2354; Code 1873, § 2389; Code 1882, § 2389; Civil…