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

In addition, each convertible space depicted in the plans shall be labeled as such by use of the phrase “CONVERTIBLE SPACE.” Unless the condominium instruments expressly provide otherwise, it shall be presumed that, in the case of any unit not wholly contained within or constituting one or more of the structures, the horizontal boundaries extend, in the case of each unit, at the same elevation with regard to any part of such unit lying outside of such structures, subject to the following exception: in the case of any unit which does not lie over any other unit other than basement units, it shall be presumed that the lower horizontal boundary, if any, of that unit lies at the level of the ground with regard to any part of that unit lying outside of the structures. This subsection shall apply to any condominium created on or after July 1, 1980, or to the expansion of any such condominium.
The plans shall show the location and dimensions of the horizontal boundaries, if any, and the vertical boundaries of each unit to the extent that such boundaries lie within or coincide with the boundaries of such structures, and the units, or portions thereof, thus depicted shall bear their identifying numbers. In addition, each convertible space depicted in the plans shall be labeled as such by use of the phrase “CONVERTIBLE SPACE.” Unless the condominium instruments expressly provide otherwise, it shall be presumed that, in the case of any unit not wholly contained within or constituting one or more of the structures, the horizontal boundaries extend, in the case of each unit, at the same elevation with regard to any part of such unit lying outside of such structures, subject to the following exception: in the case of any unit which does not lie over any other unit other than basement units, it shall be presumed that the lower horizontal boundary, if any, of that unit lies at the level of the ground with regard to any part of that unit lying outside of the structures. This subsection shall apply to any condominium created prior to July 1, 1980, or to the expansion of any such condominium.
(b.1) There shall be recorded prior to the first conveyance of a condominium unit plans of every structure which contains or constitutes all or part of any unit or units located on or within any portion of the submitted property and a certification by a registered architect or registered engineer to the effect that he has visited the site and viewed the property and that, to the best of his knowledge, information, and belief:
History. Ga. L. 1975, p. 609, § 20; Ga. L. 1980, p. 1406, § 3; Ga. L. 1982, p. 3, § 44; Ga. L. 1983, p. 3, § 33; Ga. L. 1984, p. 22, § 44; Ga. L. 2021, p. 411, § 1/HB 470.
The 2021 amendment, effective July 1, 2021, added subsections (f) and (g).

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