Georgia Code
Article 3 - Condominiums
§ 44-3-107. Insurance Coverage

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

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