Georgia Code
Article 3 - Condominiums
§ 44-3-74. Recording Condominium Instruments, Plats, Plans, and Encumbrances

History. Ga. L. 1975, p. 609, § 11; Ga. L. 2016, p. 193, § 9/HB 1004; Ga. L. 2017, p. 774, § 44/HB 323.
The 2016 amendment, effective January 1, 2017, substituted the present provisions of subsection (b) for the former provisions, which read: “In addition to the records and indexes required to be maintained by the clerk of the superior court, such clerk shall maintain one or more separate plat books, entitled ‘Condominium Plat Book,” in which shall be recorded all plats required to be filed pursuant to this article. In addition to such plats, there shall also be entitled to be recorded in such plat books other plats, including site plans and plot plans, prepared by a registered land surveyor and affecting any condominium; but the same shall not constitute the recording of a plat pursuant to Code Section 44-3-83 unless they comply with all requirements thereof. The record of the declaration and of any amendment thereto shall contain a reference to the plat book and page number of the plat or plats recorded in connection therewith.”; deleted former subsection (c), which read: “The plans required to be recorded pursuant to Code Section 44-3-83 shall be kept by the clerk of the superior court in a separate file for each condominium and shall be indexed in the same manner as a conveyance entitled to record, numbered serially in the order of receipt, each designated ‘Condominium Plans,’ with the name of the condominium, and each containing a reference to the deed book and page number where the first page of the declaration is recorded or the document number assigned to the declaration upon its recordation. The record of the declaration and of any amendment thereto shall contain a reference to the file number of the plans recorded in connection therewith.”; redesignated former subsection (d) as present subsection (c); and, in present subsection (c), deleted “the” following “clerk of” in the middle.
The 2017 amendment, effective May 9, 2017, part of an Act to revise, modernize, and correct the Code, revised language in subsection (b).

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