Except to the extent otherwise provided by the condominium instruments, all powers and responsibilities with regard to maintenance, repair, renovation, restoration, and replacement shall pertain to the association in the case of the common elements other than limited common elements and to the individual unit owner in the case of any unit and the limited common elements, if any, appurtenant thereto. Each unit owner shall afford to the other unit owners, to the association, and to any agents or employees of either such access through his unit as may be reasonably necessary to enable them to exercise and discharge their respective powers and responsibilities. To the extent that damage is inflicted on the common elements, including, without limitation, limited common elements, or on any unit through which access is taken, the association or unit owner occasioning the same, whether by itself or himself or through agents, employees, or others, shall be liable for the prompt repair thereof.
History. Ga. L. 1975, p. 609, § 37.
Law reviews.
For article, “Recommended Changes in the Law Affecting Condominium and Homeowner Associations in Georgia,” see 1 Ga. St. U.L. Rev. 185 (1985).
Structure Georgia Code
Chapter 3 - Regulation of Specialized Land Transactions
§ 44-3-72. Creation of Condominium
§ 44-3-74. Recording Condominium Instruments, Plats, Plans, and Encumbrances
§ 44-3-76. Compliance With Condominium Instruments, Rules, and Regulations; Means of Enforcement
§ 44-3-77. Contents of Declaration
§ 44-3-78. Allocation — Interests in Common Elements
§ 44-3-79. Allocation — Votes in Association; How Votes Cast; Majority Vote Requirements
§ 44-3-80. Allocation of and Liability for Common Expenses; How Assessments Made
§ 44-3-81. Reallocation of Interests in Common Elements, Votes, and Liability for Common Expenses
§ 44-3-82. Assignments and Reassignments of Limited Common Elements
§ 44-3-84. Use of Previously Recorded Plans in Lieu of New Plans
§ 44-3-85. Liability for Failure to Follow Plats or Plans; Easements; Liability for Damage
§ 44-3-87. Conversion Condominiums; Notice; Offer to Convey; Time Periods; Rights of Tenant
§ 44-3-90. Alterations Within Units; Combining Two or More Units
§ 44-3-93. Amendment of Condominium Instruments
§ 44-3-95. Effect of Mortgages and Liens; Foreclosure; Release
§ 44-3-96. Separate Titles and Taxation
§ 44-3-100. Incorporation of Association; Name; Articles and Bylaws; Membership; Organization
§ 44-3-102. Meetings of the Association; Notice; Reports
§ 44-3-103. Quorums at Meetings of Association or Board
§ 44-3-104. Directors and Officers; Eligibility
§ 44-3-105. Powers and Duties as to Upkeep of the Condominium; Access; Liability for Damage
§ 44-3-106. Powers and Responsibilities of Association; Tort Actions
§ 44-3-107. Insurance Coverage
§ 44-3-108. Common Profits; Application to Expenses; Surplus
§ 44-3-112. Escrow of Deposits or Other Payments Made Prior to Closing
§ 44-3-113. Applicability of This Article; Effect on Existing Condominiums
§ 44-3-116. Limitations in Certain Restrictive Covenants Inapplicable