Georgia Code
Title 44 - Property
Chapter 3 - Regulation of Specialized Land Transactions

§ 44-3-3. Registration Statement; Accompanying Documents; Material Changes; Property Report; Lots or Parcels Subject to Blanket Encumbrances; Records Subject to Inspection by Purchaser; Copy of Property Report to Be Given to Prospective Purchasers; S... - YOU MAY CANCEL WITHOUT PENALTY OR OBLIGATION ANY SALES AGREEMENT...

§ 44-3-4. Exemptions From Code Section 44-3-3 - Unless the method of sale is adopted for the purpose...

§ 44-3-5. Violations of Article - History. Ga. L. 1971, p. 856, § 7; Code 1981,...

§ 44-3-6. Order Prohibiting Act, Practice, or Transaction in Violation of Article; Injunctive Relief - History. Code 1981, § 44-3-9 , enacted by Ga. L....

§ 44-3-7. Willful Violation of Article; Effect on Statutory or Common-Law Right to Punish Violations; Effect of Article on Attorney General - History. Ga. L. 1972, p. 638, § 18; Code 1981,...

§ 44-3-8. Rights of Buyer Upon Violation; Persons Liable for Violations; Limitation on Actions; Survival of Actions; Effect on Statutory or Common-Law Rights; Exemption of Advertisers From Liability - History. Ga. L. 1972, p. 638, § 20; Ga. L....

§ 44-3-9. Venue - Except as provided in Code Section 44-3-6, for the purposes...

§ 44-3-10. Business Records Required - Any developer or its agents shall keep among its business...

§ 44-3-11. Certain Waivers in Contract Void - Any condition, stipulation, or provision binding any person who enters...

§ 44-3-12. Burden of Proof of Exemption - In any action, civil or criminal, where a defense is...

§ 44-3-13. Application of Prior Law to Actions, Registrations, and Orders Prior to July 1, 1990 - Prior law exclusively governs all actions, prosecutions, or proceedings which...

§ 44-3-14. Business Records Required - Editor’s notes. Ga. L. 1995, p. 993, § 1, renumbered...

§ 44-3-16. Certain Waivers in Contract Void - Editor’s notes. Ga. L. 1995, p. 993, § 1, renumbered...

§ 44-3-18. Burden of Proof of Exemption; Effect of Certificate of Commission Stating Compliance or Noncompliance With Article; Admissibility of Copies of Documents - Editor’s notes. Ga. L. 1995, p. 993, § 1, renumbered...

§ 44-3-19. Application of Prior Law to Actions, Registrations, and Orders Prior to July 1, 1990; Application of Code Section 44-3-13 to Review of Orders Not Instituted by July 1, 1990 - Editor’s notes. Ga. L. 1995, p. 1260, § 1, renumbered...

Article 3 - Condominiums

§ 44-3-70. Short Title - This article shall be known and may be cited as...

§ 44-3-71. Definitions - As used in this article, the term: (19.1) “Master association”...

§ 44-3-72. Creation of Condominium - A condominium shall come into existence upon the recordation of...

§ 44-3-73. Sufficiency of Descriptions of Condominium Units; Description of Undivided Interest in Common Elements - After the submission of any property to this article, no...

§ 44-3-74. Recording Condominium Instruments, Plats, Plans, and Encumbrances - History. Ga. L. 1975, p. 609, § 11; Ga. L....

§ 44-3-75. Construction and Validity of Condominium Instruments; Conflicts and Inconsistencies; Severability - History. Ga. L. 1975, p. 609, § 12; Ga. L....

§ 44-3-76. Compliance With Condominium Instruments, Rules, and Regulations; Means of Enforcement - Every unit owner and all those entitled to occupy a...

§ 44-3-77. Contents of Declaration - Plats or plans may be recorded with the declaration of...

§ 44-3-78. Allocation — Interests in Common Elements - History. Ga. L. 1975, p. 609, § 15.

§ 44-3-79. Allocation — Votes in Association; How Votes Cast; Majority Vote Requirements - History. Ga. L. 1975, p. 609, § 16; Ga. L....

§ 44-3-80. Allocation of and Liability for Common Expenses; How Assessments Made - History. Ga. L. 1975, p. 609, § 17; Ga. L....

§ 44-3-81. Reallocation of Interests in Common Elements, Votes, and Liability for Common Expenses - History. Ga. L. 1975, p. 609, § 18.

§ 44-3-82. Assignments and Reassignments of Limited Common Elements - History. Ga. L. 1975, p. 609, § 19; Ga. L....

§ 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...

§ 44-3-84. Use of Previously Recorded Plans in Lieu of New Plans - Plans previously recorded pursuant to subsection (b) of Code Section...

§ 44-3-85. Liability for Failure to Follow Plats or Plans; Easements; Liability for Damage - History. Ga. L. 1975, p. 609, § 22; Ga. L....

§ 44-3-86. Leasehold Condominiums; Lessor’s Rights and Powers; Owner’s Rights and Powers; Liens; Performance of Covenants - History. Ga. L. 1975, p. 609, § 23; Ga. L....

§ 44-3-87. Conversion Condominiums; Notice; Offer to Convey; Time Periods; Rights of Tenant - History. Ga. L. 1980, p. 1406, § 4; Ga. L....

§ 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 - History. Ga. L. 1975, p. 609, § 24.

§ 44-3-89. Expansion of Condominium; Amendment to Declaration; Expansion of Condominium After Declarant’s Right to Expand Has Expired - History. Ga. L. 1975, p. 609, § 25; Ga. L....

§ 44-3-90. Alterations Within Units; Combining Two or More Units - History. Ga. L. 1975, p. 609, § 26.

§ 44-3-91. Relocation of Boundaries Between Units; Application for Relocation; Amendment to Declaration; Plans and Plats; Recording - History. Ga. L. 1975, p. 609, § 27; Ga. L....

§ 44-3-92. Subdivision of Units; Application for Subdivision; Amendment to Declaration; Plans and Plats; Recordation - History. Ga. L. 1975, p. 609, § 28; Ga. L....

§ 44-3-93. Amendment of Condominium Instruments - History. Ga. L. 1975, p. 609, § 29; Ga. L....

§ 44-3-94. Damage or Destruction of Units; Restoration; Vote Not to Restore; Allocation of Insurance Deductible - Unless otherwise provided in the condominium instruments, in the event...

§ 44-3-95. Effect of Mortgages and Liens; Foreclosure; Release - History. Ga. L. 1975, p. 609, § 8.

§ 44-3-96. Separate Titles and Taxation - For all purposes, each condominium unit shall constitute a separate...

§ 44-3-97. Eminent Domain; Compensation; Reallocation of Interests; Court Determination; Amendment to Declaration - History. Ga. L. 1975, p. 609, § 6.

§ 44-3-98. Termination of Condominium; Creation of Tenancy in Common; Distribution of Assets; Transfer of Mortgages and Liens - History. Ga. L. 1975, p. 609, § 30; Ga. L....

§ 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 - The amendment shall become effective only when it and all...

§ 44-3-100. Incorporation of Association; Name; Articles and Bylaws; Membership; Organization - History. Ga. L. 1975, p. 609, § 32. Law reviews....

§ 44-3-101. Control of Association by Declarant; Surrender of Control to Unit Owners; Liability for Books and Records; Cancellation of Leases and Contracts - No formal or written proxy or power of attorney need...

§ 44-3-102. Meetings of the Association; Notice; Reports - Meetings of the members of the association shall be held...

§ 44-3-103. Quorums at Meetings of Association or Board - Unless the condominium instruments or bylaws provide otherwise, a quorum...

§ 44-3-104. Directors and Officers; Eligibility - If the condominium instruments provide that any member of the...

§ 44-3-105. Powers and Duties as to Upkeep of the Condominium; Access; Liability for Damage - Except to the extent otherwise provided by the condominium instruments,...

§ 44-3-106. Powers and Responsibilities of Association; Tort Actions - History. Ga. L. 1975, p. 609, § 38; Ga. L....

§ 44-3-107. Insurance Coverage - Unless otherwise provided in the declaration, with respect to unfinished...

§ 44-3-108. Common Profits; Application to Expenses; Surplus - The common profits shall be applied to the payment of...

§ 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 - The recording of the declaration pursuant to this article shall...

§ 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 - Any rights of first refusal or other restraints on free...

§ 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 - This paragraph shall not apply to any condominium created prior...

§ 44-3-112. Escrow of Deposits or Other Payments Made Prior to Closing - History. Ga. L. 1975, p. 609, § 44; Ga. L....

§ 44-3-113. Applicability of This Article; Effect on Existing Condominiums - History. Ga. L. 1975, p. 609, § 2. Code Commission...

§ 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 - History. Ga. L. 1975, p. 609, § 5; Ga. L....

§ 44-3-115. Construction of This Article; Substantial Compliance; Procedure for Curing Defects in Recorded Instruments - The provisions of this article and of condominium instruments recorded...

§ 44-3-116. Limitations in Certain Restrictive Covenants Inapplicable - The limitations provided in subsection (b) and in paragraphs (1),...

§ 44-3-117. Application to Subcondominiums; Creation of Subcondominium; Subassociation; Insurance; Effect of Certain Liens; Eminent Domain; Description of Certain Units; Assessments - The recording of the declaration for a subcondominium pursuant to...

Article 5 - Time-Share Projects and Programs

Part 1 - General Provisions

§ 44-3-160. Short Title - This article shall be known and may be cited as...

§ 44-3-161. Purpose of Article - The purposes of this article are to: History. Code 1981,...

§ 44-3-162. Definitions - As used in this article, the term: (12.1) “Owners’ association”...

§ 44-3-162.1. Time-Share Projects and Programs; Application of Restrictive Covenants; Exceptions - History. Code 1981, § 44-3-162.1 , enacted by Ga. L....

§ 44-3-163. Time-Share Estate Title; Recording Transfer or Encumbrance; Taxation - History. Code 1981, § 44-3-163 , enacted by Ga. L....

§ 44-3-164. Application of Zoning and Other Local Codes, Ordinances, and Regulations - No zoning, subdivision, or building code or other real estate...

Part 2 - Administration

§ 44-3-165. Creation of Time-Share Program; Partition - History. Code 1981, § 44-3-165 , enacted by Ga. L....

§ 44-3-166. Contents and Recording of Project and Time-Share Instruments - History. Code 1981, § 44-3-166 , enacted by Ga. L....

§ 44-3-167. Time-Share Estate Program Management and Operation - The time-share instruments for a time-share estate program shall prescribe...

§ 44-3-168. Developer Control Period in Time-Share Estate Program - History. Code 1981, § 44-3-168 , enacted by Ga. L....

§ 44-3-169. Identification of Time-Share Project, Time-Share Units, and Time Periods - Project instruments and time-share instruments creating time-share uses shall contain...

§ 44-3-170. Time-Share Use Program Management and Operation - The time-share instruments for a time-share use program shall prescribe...

§ 44-3-171. Sale of Time-Share Intervals and Programs Organized Prior to July 1, 1983 - In the event that: then the developer shall include in...

Part 3 - Developers and Exchange Companies

§ 44-3-172. Contents of Public Offering Statement - YOU MAY CANCEL WITHOUT PENALTY OR OBLIGATION ANY SALES AGREEMENT...

§ 44-3-173. Annual Reports Filed by Exchange Companies and Multilocation Developers - History. Code 1981, § 44-3-173 , enacted by Ga. L....

§ 44-3-174. Public Offering Statement Provided to Purchasers; Cancellation of Sales Agreement by Purchaser or Developer; Statement Acknowledging Receipt - YOU MAY CANCEL WITHOUT PENALTY OR OBLIGATION THIS SALES AGREEMENT...

§ 44-3-175. Funds Required to Be Escrowed by Developer; Exceptions; Escrow Agents - History. Code 1981, § 44-3-175 , enacted by Ga. L....

§ 44-3-176. Payments Received by Developer on Uncompleted Projects to Be Escrowed - History. Code 1981, § 44-3-176 , enacted by Ga. L....

§ 44-3-177. Exemption From Other State Laws Requiring Registration and Public Offering Statements - History. Code 1981, § 44-3-177 , enacted by Ga. L....

§ 44-3-178. Exceptions to Public Offering Statement Requirement Under This Article - History. Code 1981, § 44-3-178 , enacted by Ga. L....

§ 44-3-179. Updating Public Offering Statement Required - The developer shall immediately amend or supplement the public offering...

§ 44-3-180. Purchase of Interval Is Free of Liens Affecting That Interval; Exceptions - History. Code 1981, § 44-3-180 , enacted by Ga. L....

§ 44-3-181. Transfer of Developer’s Entire Interest - The developer shall not sell, lease, assign, or otherwise transfer...

§ 44-3-182. Financial and Other Records of Time-Share Project Association or Managing Agent - The person or entity responsible for making or collecting common...

§ 44-3-183. Remedy for Violation of Article; Punitive Damages; Attorney’s Fees - If a developer or any other person subject to this...

§ 44-3-184. Limitation of Actions - A judicial proceeding where the accuracy of the public offering...

Part 4 - Advertising

§ 44-3-185. False Advertising Prohibited - History. Code 1981, § 44-3-185 , enacted by Ga. L....

§ 44-3-186. Statements or Representations Which Are Prohibited - No advertising for the sale or offer for sale of...

§ 44-3-187. Offer of Gifts or Prizes - Any person who offers a gift, prize, award, or other...

Part 5 - Financing by Developer

§ 44-3-188. Developer’s Financial Records; Availability; Periodic Reports; Transfer of Developer’s Interest Subject to Debts - In the developer’s financing of a time-share program, the developer...

§ 44-3-189. Protection of Purchasers From Developer’s Underlying Blanket Encumbrance - The developer whose project is subject to an underlying blanket...

Part 6 - Registration

§ 44-3-190. Real Estate Broker’s License Requirement; Collection of Compensation for Real Estate Brokerage Services From Persons Reselling Time-Share Intervals - If the person offering real estate brokering services on the...

§ 44-3-191. Requirements for Out-of-State Projects, Managing Agents, and Exchange Programs - History. Code 1981, § 44-3-194 , enacted by Ga. L....

§ 44-3-192. Exceptions From Registration - Compliance with this article shall not be required in the...

Part 7 - Miscellaneous

§ 44-3-193. Modification of Public Offering Statement; Limitations on Use of Public Offering Statement - History. Code 1981, § 44-3-199 , enacted by Ga. L....

§ 44-3-194. Records Required to Be Kept by Developer or Agents - Any developer or its agents shall keep among its business...

§ 44-3-195. Criminal Penalty for Violation of Article; Injunction Restraining Prohibited Conduct; Liability for Damages; Attorney’s Fees - History. Code 1981, § 44-3-202 , enacted by Ga. L....

§ 44-3-196. Application of Article to Time-Share Programs Created Prior to or Following July 1, 1983 - The provisions of this article shall apply to any time-share...

§ 44-3-197. Exceptions From Registration - Editor’s notes. Ga. L. 1995, p. 1260, § 1, renumbered...

§ 44-3-199. Modification of Public Offering Statement; Limitations on Use of Public Offering Statement - Editor’s notes. Ga. L. 1995, p. 1260, § 1, renumbered...

§ 44-3-200. Records Required to Be Kept by Developer or Agents - Editor’s notes. Ga. L. 1995, p. 1260, § 1, renumbered...

§ 44-3-202. Criminal Penalty for Violation of Article - Editor’s notes. Ga. L. 1995, p. 1260, § 1, renumbered...

§ 44-3-205. Application of Article to Time-Share Programs Created Prior to or Following July 1, 1983 - Editor’s notes. Ga. L. 1995, p. 1260, § 1, renumbered...

§ 44-3-206. Foreclosure by Owners' Association; Procedure; Effect of Sale - History. Code 1981, § 44-3-206 , enacted by Ga. L....

Article 6 - Property Owners’ Associations

§ 44-3-220. Short Title - This article shall be known and may be cited as...

§ 44-3-221. Definitions - As used in this article, the term: History. Code 1981,...

§ 44-3-222. Creation of Property Owners’ Development; Affirmative Election to Be Governed by Article - A property owners’ development shall come into existence upon either...

§ 44-3-223. Compliance With Provisions of Instrument and With Rules and Regulations; Penalties for Noncompliance - Every lot owner and all those entitled to occupy a...

§ 44-3-224. Voting at Association Meetings - History. Code 1981, § 44-3-224 , enacted by Ga. L....

§ 44-3-225. Assessment of Expenses; Exemption From Liability; Liability for Unpaid Assessments - History. Code 1981, § 44-3-225 , enacted by Ga. L....

§ 44-3-226. Amendment of Instrument; Presumption of Validity in Court Action - History. Code 1981, § 44-3-226 , enacted by Ga. L....

§ 44-3-227. Incorporation as Prerequisite to Submission to Article; Requirements as to Corporate Documents; Board of Directors - History. Code 1981, § 44-3-227 , enacted by Ga. L....

§ 44-3-228. Presence of Quorums at Meetings - Unless the instrument or bylaws provide otherwise, a quorum shall...

§ 44-3-229. Persons Deemed to Be “Lot owner.” - If the instrument provides that any member of the board...

§ 44-3-230. Frequency of Meetings; Notice - Meetings of the members of the association shall be held...

§ 44-3-231. Powers and Duties of Association; Legal Actions Against Agent or Employee of Association - History. Code 1981, § 44-3-231 , enacted by Ga. L....

§ 44-3-232. Assessments Against Lot Owners as Constituting Lien in Favor of Association; Additional Charges Against Lot Owners; Procedure for Foreclosing Lien; Obligation to Provide Statement of Amounts Due - The recording of the declaration pursuant to this article shall...

§ 44-3-232.1. Right of and Procedure for Certain Property Owners to Take Control of Association When Declarant Fails to Meet Certain Obligations - History. Code 1981, § 44-3-232.1 , enacted by Ga. L....

§ 44-3-233. Liberal Construction of Article; Substantial Compliance; Curing of Defects by Amendment - The provisions of this article and of an instrument recorded...

§ 44-3-234. Application of Article - The limitations provided in subsection (b) and paragraphs (1), (2),...

§ 44-3-235. Applicability of Article - History. Code 1981, § 44-3-235 , enacted by Ga. L....

Article 7 - Specialized Land Transactions

§ 44-3-250. Itemized Reporting of Expenses by Developers - Any developer that directly manages a homeowners’ or condominium owners’...

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Georgia Code Title 44 - Property Chapter 3 - Regulation of Specialized Land Transactions

Georgia Code
Title 44 - Property
Chapter 3 - Regulation of Specialized Land Transactions