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
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