Unless otherwise provided in the declaration, with respect to unfinished shell units conveyed by the declarant, the items in subparagraph (C) of this paragraph shall be insured by the condominium unit owner and the coverage required by this paragraph shall repair or reconstruct only those portions of the shell unit constructed by the declarant. With respect to any condominium units which have not been conveyed by the declarant at the time of an insured loss, the coverage required by this paragraph shall repair or reconstruct such units as they exist at the time of such loss. The association may exclude from coverage required by this paragraph improvements made by the condominium unit owners and structures covered by builder’s risk insurance, such coverage to be in an amount consonant with the full replacement value thereof, but only during such period of time as the builder’s risk insurance remains in full force and effect and only on the condition that the association is named as an additional named insured;
Nothing contained in this subsection shall require an association to obtain insurance related to water damage or water perils.
History. Ga. L. 1975, p. 609, § 39; Ga. L. 1990, p. 227, § 12; Ga. L. 2008, p. 1030, § 1/HB 1121; Ga. L. 2020, p. 370, § 1/HB 1070.
The 2008 amendment, effective July 1, 2008, designated the existing provisions as subsection (a), rewrote subsection (a), and added subsection (b).
The 2020 amendment, effective January 1, 2021, added subsection (c).
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