Georgia Code
Article 3 - Condominiums
§ 44-3-106. Powers and Responsibilities of Association; Tort Actions

History. Ga. L. 1975, p. 609, § 38; Ga. L. 1990, p. 227, § 11; Ga. L. 1994, p. 1943, § 9; Ga. L. 2014, p. 212, § 1/HB 820.
The 2014 amendment, effective July 1, 2014, added the language beginning with “; and such capacity” and ending with “Code Section 44-3-101” at the end of subsection (h) and added subsection (i).
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).
For annual survey on construction law, see 66 Mercer L. Rev. 27 (2014).

Structure Georgia Code

Georgia Code

Title 44 - Property

Chapter 3 - Regulation of Specialized Land Transactions

Article 3 - Condominiums

§ 44-3-70. Short Title

§ 44-3-71. Definitions

§ 44-3-72. Creation of Condominium

§ 44-3-73. Sufficiency of Descriptions of Condominium Units; Description of Undivided Interest in Common Elements

§ 44-3-74. Recording Condominium Instruments, Plats, Plans, and Encumbrances

§ 44-3-75. Construction and Validity of Condominium Instruments; Conflicts and Inconsistencies; Severability

§ 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

§ 44-3-83. Recording of Plats and Plans; Contents; Completion of Structural Improvements; Certification by Registered Architect or Engineer; Exception

§ 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

§ 44-3-86. Leasehold Condominiums; Lessor’s Rights and Powers; Owner’s Rights and Powers; Liens; Performance of Covenants

§ 44-3-87. Conversion Condominiums; Notice; Offer to Convey; Time Periods; Rights of Tenant

§ 44-3-88. Conversion of Convertible Spaces; Amendment to Declaration Effecting Conversion; Reallocation of Sums Assessed Prior to Conversion; Treatment of Convertible Space Not Converted

§ 44-3-89. Expansion of Condominium; Amendment to Declaration; Expansion of Condominium After Declarant’s Right to Expand Has Expired

§ 44-3-90. Alterations Within Units; Combining Two or More Units

§ 44-3-91. Relocation of Boundaries Between Units; Application for Relocation; Amendment to Declaration; Plans and Plats; Recording

§ 44-3-92. Subdivision of Units; Application for Subdivision; Amendment to Declaration; Plans and Plats; Recordation

§ 44-3-93. Amendment of Condominium Instruments

§ 44-3-94. Damage or Destruction of Units; Restoration; Vote Not to Restore; Allocation of Insurance Deductible

§ 44-3-95. Effect of Mortgages and Liens; Foreclosure; Release

§ 44-3-96. Separate Titles and Taxation

§ 44-3-97. Eminent Domain; Compensation; Reallocation of Interests; Court Determination; Amendment to Declaration

§ 44-3-98. Termination of Condominium; Creation of Tenancy in Common; Distribution of Assets; Transfer of Mortgages and Liens

§ 44-3-99. Withdrawal of Submitted Property; Reallocation to Remaining Units of Undivided Interest in Common Elements; Contents of Amendment; Transfer of Mortgages and Liens

§ 44-3-100. Incorporation of Association; Name; Articles and Bylaws; Membership; Organization

§ 44-3-101. Control of Association by Declarant; Surrender of Control to Unit Owners; Liability for Books and Records; Cancellation of Leases and Contracts

§ 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

§ 44-3-109. Lien for Assessments; Personal Obligation of Unit Owner; Notice and Foreclosure; Lapse; Right to Statement of Assessments; Effect of Failure to Furnish Statement

§ 44-3-110. Restraints on Alienation and Rights of First Refusal; Statement of Waiver or Failure to Exercise Rights or Restraints; Effect of Failure to Furnish Statement

§ 44-3-111. Sales of Residential Condominium Units for Residential Occupancy; Information Required to Be Furnished by Seller; Buyer’s Right to Void Contract; Limitations Period; Attorney’s Fees; Penalty for Willful Violation

§ 44-3-112. Escrow of Deposits or Other Payments Made Prior to Closing

§ 44-3-113. Applicability of This Article; Effect on Existing Condominiums

§ 44-3-114. Effect of Article Upon Land Use, Zoning, Building, and Subdivision Laws; Effect of Code Section 44-3-92; Applicability of Land Use and Zoning Ordinances or Laws to Expandable Condominium

§ 44-3-115. Construction of This Article; Substantial Compliance; Procedure for Curing Defects in Recorded Instruments

§ 44-3-116. Limitations in Certain Restrictive Covenants Inapplicable

§ 44-3-117. Application to Subcondominiums; Creation of Subcondominium; Subassociation; Insurance; Effect of Certain Liens; Eminent Domain; Description of Certain Units; Assessments