reglab/housing_qa huggingface dataset:
GA Code § 44-3-85 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 3 - Regulation of Specialized Land Transactions|Article 3 - Condominiums|§ 44-3-85. Liability for Failure to Follow Plats or Plans; Easements; Liability for Damage

  The purpose of this Code section is to protect the unit owners, except in cases of willful and intentional misconduct by them or their agents or employees, and not to relieve the declarant or any contractor, subcontractor, or materialman of any liability which any of them may have by reason of any failure to adhere to the plats or plans.   To the extent that any unit or common element encroaches on any other unit or common element, whether by reason of any deviation from the plats or plans in the construction, repair, renovation, restoration, or repair of any improvement or by reason of the settling or shifting of any land or improvement, a valid easement for such encroachment shall exist.   The declarant and his duly authorized agents, representatives, and employees shall have an easement for the maintenance of sales offices and model units on the submitted property so long as the declarant owns any condominium unit primarily for the purpose of sale.   Subject to any restrictions and limitations which the condominium instruments may specify, the declarant shall have a transferable easement on and over the common elements for the purpose of making improvements contemplated by the condominium instruments on the submitted property and any additional property and for the purpose of doing all things reasonably necessary and proper in connection therewith.   This Code section shall not be construed so as to prohibit the reservation to the declarant of other easements by means of the condominium instruments or otherwise.   To the extent that damage is inflicted on any part of the condominium by the declarant or by any contractor, subcontractor, or materialman utilizing the easements reserved by the condominium instruments to the declarant or created by this Code section, the declarant together with the person or persons causing the damage shall be jointly and severally liable for the prompt repair thereof and for the restoration of the same to a condition compatible with the remainder of the condominium.    (Ga. L. 1975, p. 609, § 22; Ga. L. 1982, p. 3, § 44.)
GA Code § 44-3-86 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 3 - Regulation of Specialized Land Transactions|Article 3 - Condominiums|§ 44-3-86. Leasehold Condominiums; Lessor's Rights and Powers; Owner's Rights and Powers; Liens; Performance of Covenants

  As used in this Code section, the term "lessor" means any lessor, sublessor, or grantor of an estate for years.   In the case of any leasehold condominium:   After the recording of the declaration, no lessor who executed the declaration and no successor-in-interest to the lessor shall have any right or power to terminate all or any part of the leasehold interest of any unit owner so long as the condominium shall exist;   In the event that any such lessor shall acquire title to or any other interest in any unit by any method whatsoever, the undivided interest thereby acquired by the lessor in the common elements shall not be merged with the lessor's underlying interest in the submitted property; but the two estates shall remain separate and divided so long as the condominium shall exist;   If provided for in the condominium instruments, the obligation of each unit owner to pay rents and any other amounts under any lease from any lessor shall be secured by a lien upon the condominium unit of the unit owner. The lien shall be prior to all other liens and encumbrances on that condominium unit except liens for ad valorem taxes; and any other lien or encumbrance which the condominium instruments provide shall be superior thereto. The lien shall secure all costs incurred, including, without limitation, reasonable attorney's fees, in connection with the foreclosure thereof and may be foreclosed by action, judgment, and foreclosure in the same manner as is provided for any other lien for the improvement of real property;   Unless otherwise provided in the condominium instruments and except as provided in paragraph (5) of this Code section, no unit owner shall be obligated to pay any amount in excess of the rents due and payable under any lease multiplied by the percentage or other proportion of the unit owner's liability for the rents as set forth in the declaration;   Unless otherwise provided in the condominium instruments, no lessor shall be entitled to require performance by any unit owner of any covenant of any such lease in any form other than by the payment of money by the unit owner; provided, however, that, in the event of any default under any lease other than default in the payment of money, the lessor shall be entitled to perform any defaulted covenant and charge all reasonable costs incurred in connection with performance, including, without limitation, reasonable attorney's fees, against the unit owners in proportion to their liability for the rents, which costs shall be considered rent for purposes of the lien provided for in paragraph (3) of this Code section; and   Except as limited in this Code section, in the condominium instruments, or by law, any lessor shall have all rights and powers provided by law or by his lease.      (Ga. L. 1975, p. 609, § 23; Ga. L. 1982, p. 3, § 44.)
GA Code § 44-3-88 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 3 - Regulation of Specialized Land Transactions|Article 3 - Condominiums|§ 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

  With the consent of the mortgagees thereof, the declarant may convert all or any portion of any convertible space into one or more units or common elements, including, without limitation, limited common elements, subject to any restrictions and limitations which the condominium instruments may specify. Any conversion shall be deemed to have occurred at the time of the recordation of appropriate instruments pursuant to subsection (b) of this Code section and subsection (d) of Code Section 44-3-83.   The declarant and all mortgagees of the convertible space shall execute and the declarant shall record an amendment to the declaration effecting the conversion. The amendment shall assign an identifying number to each unit formed out of a convertible space and shall allocate among the unit or units and the remaining convertible space, if any, the undivided interest in the common elements, the number of votes in the association, and the share of the liability for future common expenses pertaining to the convertible space immediately prior to the conversion. All sums assessed against a convertible space prior to its conversion may be reallocated by the amendment to the units and the remaining convertible space, if any. In the event that no reallocation is effected, however, the lien for the assessments shall continue as to all of the space notwithstanding the conversion. The amendment shall describe or delineate the limited common elements, if any, formed out of the convertible space and shall indicate the unit or units to which each is assigned or provide a method for such assignment.   Any convertible space not converted in accordance with this Code section or any portion or portions thereof not so converted shall be treated for all purposes as a single unit unless and until it is so converted; and this article shall be deemed applicable to any space or portion or portions thereof as though the same were a unit.    (Ga. L. 1975, p. 609, § 24.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 15A Am. Jur. 2d, Condominiums and Cooperative Apartments, § 5 et seq. 23 Am. Jur. 2d, Deeds, § 192 et seq.   C.J.S.   - 51C C.J.S., Landlord and Tenant, § 232.
GA Code § 44-3-90 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 3 - Regulation of Specialized Land Transactions|Article 3 - Condominiums|§ 44-3-90. Alterations Within Units; Combining Two or More Units

  Except to the extent prohibited by the condominium instruments and subject to any restrictions and limitations specified therein, any unit owner may make any improvements or alterations within his unit that do not materially impair the structural integrity of any structure or otherwise materially lessen the support of any portion of the condominium. No unit owner shall do anything which would change the exterior appearance of his unit or of any other portion of the condominium except to such extent and subject to any conditions which the condominium instruments may specify.   If a unit owner acquires an adjoining unit, the unit owner shall have the right to remove all or any part of any intervening partition or to create doorways or other apertures therein, notwithstanding the fact that the partition may in whole or in part be a common element, so long as no portion of any bearing wall or bearing column is materially weakened or removed and no portion of any common elements other than that partition, and other than any chutes, flues, ducts, conduits, wires, or other apparatus contained in the partition which must be relocated by the unit owner if they serve any other part of the condominium, is damaged, destroyed, or endangered. Alterations permitted by this Code section shall not be deemed an alteration of boundaries within the meaning of Code Section 44-3-91.    (Ga. L. 1975, p. 609, § 26.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 15A Am. Jur. 2d, Condominiums and Cooperative Apartments, § 5 et seq. 23 Am. Jur. 2d, Deeds, § 192 et seq.   C.J.S.   - 51C C.J.S., Landlord and Tenant, § 232.
GA Code § 44-3-94 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 3 - Regulation of Specialized Land Transactions|Article 3 - Condominiums|§ 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 of damage to or destruction of any unit by a casualty covered under insurance required to be maintained by the association pursuant to Code Section 44-3-107, the association shall cause the unit to be restored. Unless otherwise provided in the condominium instruments, any funds required for such restoration in excess of the insurance proceeds attributable thereto shall be paid by the unit owner of the unit; provided, however, that, in the event that the unit owner of the unit together with the unit owners of other units to which two-thirds of the votes in the association pertain agree not to restore the unit, the unit shall not be restored and the entire undivided interest in the common elements pertaining to that unit shall then pertain to the remaining units, to be allocated to them in proportion to their undivided interests in the common elements, and the remaining portion of that unit shall thenceforth be a part of the common elements. Votes in the association and liability for future common expenses shall thereupon pertain to the remaining units, being allocated to them in proportion to their relative voting strength in the association and liability for common expenses, respectively. To the extent provided for in the condominium instruments, the association may allocate equitably the payment of a reasonable insurance deductible between the association and the unit owners affected by a casualty against which the association is required to insure; provided, however, that the amount of deductible which can be allocated to any one unit owner shall not exceed $5,000.00 per casualty loss covered under any insurance required to be maintained by the association under this article. The existence of a reasonable deductible in any required insurance policy shall not be deemed a failure to maintain insurance as required by this Code section.   (Ga. L. 1975, p. 609, § 7; Ga. L. 1983, p. 3, § 33; Ga. L. 1990, p. 227, § 8; Ga. L. 2004, p. 560, § 4; Ga. L. 2013, p. 890, § 1/HB 458.)    The 2013 amendment,  effective July 1, 2013, substituted "$5,000.00" for "$2,500.00" near the end of the next-to-last sentence of this Code section.   RESEARCH REFERENCES   ALR.   - Liability of vendor of condominiums for damage occasioned by defective condition thereof, 50 A.L.R.3d 1071.   Proper party plaintiff in action for injury to common areas of condominium development, 69 A.L.R.3d 1148.
GA Code § 44-3-96 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 3 - Regulation of Specialized Land Transactions|Article 3 - Condominiums|§ 44-3-96. Separate Titles and Taxation

 For all purposes, each condominium unit shall constitute a separate parcel of real property which shall be distinct from all other condominium units. If there is any unit owner other than the declarant, no tax or assessment shall be levied on the condominium as a whole but only on the individual condominium units.   (Ga. L. 1975, p. 609, § 4; Ga. L. 1982, p. 3, § 44.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 15A Am. Jur. 2d, Condominiums and Cooperative Apartments, §§ 48-50. 71 Am. Jur. 2d, State and Local Taxation, § 21.   C.J.S.   - 84 C.J.S., Taxation, § 494 et seq.   ALR.   - Real estate taxation of condominiums, 71 A.L.R.3d 952.
GA Code § 44-3-100 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 3 - Regulation of Specialized Land Transactions|Article 3 - Condominiums|§ 44-3-100. Incorporation of Association; Name; Articles and Bylaws; Membership; Organization

  Prior to recording the declaration, the declarant shall cause the association to be duly incorporated either as a business corporation under Chapter 2 of Title 14 or as a nonprofit membership corporation under Chapter 3 of Title 14. The corporate name of the association shall include the phrase "unit owners' association" or the phrase "condominium association" and shall otherwise comply with applicable laws regarding corporate names. The articles of incorporation of the association and the bylaws adopted by the association shall contain provisions not inconsistent with applicable law, including, but not limited to, this article, or with the declaration, as may be required by this article or by the declaration and as may be deemed appropriate or desirable for the proper management and administration of the association. Each unit owner shall automatically be a member of the association. The term "member" shall include a shareholder in the event the association is a business corporation or issues stock. Membership shall continue during the period of ownership by such unit owner.   Prior to the first conveyance of a condominium unit, the declarant shall cause the first board of directors to be duly appointed, the officers to be elected, and the organization of the association to be effectuated.   True and correct copies of the articles of incorporation and bylaws of the association and all amendments thereto shall be maintained at the principal and the registered offices of the association and at the sales office of the declarant so long as the declarant has the right to control the association pursuant to Code Section 44-3-101; and copies thereof shall be furnished to any unit owner on request upon payment of a reasonable charge therefor.    (Ga. L. 1975, p. 609, § 32.)   Law reviews.   - For article, "Georgia Condominium Law: Beyond the Condominium Act," see 13 Ga. St. B.J. 24 (2007).   JUDICIAL DECISIONS    Cited in Equitable Life Assurance Soc'y v. Tinsley Mill Village, 249 Ga. 769, 294 S.E.2d 495 (1982).   RESEARCH REFERENCES   Am. Jur. 2d.   - 18 Am. Jur. 2d, Corporations, § 44 et seq. 18A Am. Jur. 2d, Corporations, § 228 et seq.   C.J.S.   - 7 C.J.S., Associations, § 106 et seq.   ALR.   - Adequacy and application of guidelines relating to condominium association's requisite approval of individual unit owner's improvement or decoration, 25 A.L.R.4th 1059.
GA Code § 44-3-102 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 3 - Regulation of Specialized Land Transactions|Article 3 - Condominiums|§ 44-3-102. Meetings of the Association; Notice; Reports

 Meetings of the members of the association shall be held in accordance with the provisions of the association's bylaws and in any event shall be called not less frequently than annually. A condominium instrument recorded on or after July 1, 1990, shall also provide for the calling of a meeting upon the written request of at least 15 percent of the unit owners. Notice shall be given to each unit owner at least 21 days in advance of any annual or regularly scheduled meeting and at least seven days in advance of any other meeting and shall state the time, place, and purpose of such meeting. Such notice shall be delivered personally, sent by United States mail, postage prepaid, statutory overnight delivery, or issued electronically in accordance with Chapter 12 of Title 10, the "Uniform Electronic Transactions Act," to all unit owners of record at such address or addresses as any of them may have designated or, if no other address has been so designated, at the address of their respective units. At the annual meeting, comprehensive reports of the affairs, finances, and budget projections of the association shall be made to the unit owners.   (Ga. L. 1975, p. 609, § 34; Ga. L. 1990, p. 227, § 10; Ga. L. 2004, p. 560, § 5; Ga. L. 2009, p. 698, § 2/HB 126.)    The 2009 amendment,  effective July 1, 2009, substituted "Uniform Electronic Transactions Act" for "Georgia Electronic Records and Signatures Act" in the middle of the fourth sentence.   RESEARCH REFERENCES   Am. Jur. 2d.   - 15A Am. Jur. 2d, Condominiums and Cooperative Apartments, §§ 11, 39 et seq.   C.J.S.   - 51C C.J.S., Landlord and Tenant, § 232.
GA Code § 44-3-103 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 3 - Regulation of Specialized Land Transactions|Article 3 - Condominiums|§ 44-3-103. Quorums at Meetings of Association or Board

 Unless the condominium instruments or bylaws provide otherwise, a quorum shall be deemed present throughout any meeting of the members of the association if persons entitled to cast more than one-third of the votes are present at the beginning of the meeting. Unless the condominium instruments or bylaws specify a larger percentage, the presence of persons entitled to cast one-half of the votes of the board of directors shall constitute a quorum for the transaction of any business at any meeting of the board.   (Ga. L. 1975, p. 609, § 35; Ga. L. 1994, p. 1943, § 8; Ga. L. 2004, p. 560, § 6.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 15A Am. Jur. 2d, Condominiums and Cooperative Apartments, § 11.   C.J.S.   - 51C C.J.S., Landlord and Tenant, § 232.
GA Code § 44-3-104 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 3 - Regulation of Specialized Land Transactions|Article 3 - Condominiums|§ 44-3-104. Directors and Officers; Eligibility

 If the condominium instruments provide that any member of the board of directors or any officer of the association must be a unit owner, then, notwithstanding paragraph (1) of subsection (a) of Code Section 44-3-75, the term "unit owner" in such context shall, unless the condominium instruments otherwise provide, be deemed to include, without limitation, any shareholder, director, officer, partner in, or trustee of any person who is, either alone or in conjunction with any other person or persons, a unit owner. Any individual who would not be eligible to serve as a member of the board of directors or officer were he not a shareholder, director, officer, partner in, or trustee of such a person shall be deemed to have disqualified himself from continuing in office if he ceases to have any such affiliation with that person.   (Ga. L. 1975, p. 609, § 36.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 15A Am. Jur. 2d, Condominiums and Cooperative Apartments, § 24 et seq.   C.J.S.   - 19 C.J.S., Corporations, §§ 532, 533.
GA Code § 44-3-105 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 3 - Regulation of Specialized Land Transactions|Article 3 - Condominiums|§ 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, all powers and responsibilities with regard to maintenance, repair, renovation, restoration, and replacement shall pertain to the association in the case of the common elements other than limited common elements and to the individual unit owner in the case of any unit and the limited common elements, if any, appurtenant thereto. Each unit owner shall afford to the other unit owners, to the association, and to any agents or employees of either such access through his unit as may be reasonably necessary to enable them to exercise and discharge their respective powers and responsibilities. To the extent that damage is inflicted on the common elements, including, without limitation, limited common elements, or on any unit through which access is taken, the association or unit owner occasioning the same, whether by itself or himself or through agents, employees, or others, shall be liable for the prompt repair thereof.   (Ga. L. 1975, p. 609, § 37.)   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).   JUDICIAL DECISIONS   Freedom of parties to contract.    - Condominium association's duty to the association's members only pursuant to O.C.G.A. § 51-3-1 with regard to the common elements of a condominium property may be circumscribed by the terms of the condominium instruments/contract, and a court must look to the terms of the contract, as well as O.C.G.A. § 44-3-70 et seq., in order to determine an association's duties. In that regard, it is the paramount public policy of Georgia that courts will not lightly interfere with the freedom of parties to contract as a contracting party may waive or renounce that which the law has established in his or her favor, when it does not thereby injure others or affect the public interest. Bradford Square Condo. Ass'n v. Miller, 258 Ga. App. 240, 573 S.E.2d 405 (2002).   Upkeep didn't include security from third party criminal acts.    - Like other statutes which are in derogation of the common law, the Georgia Condominium Act (the Act), O.C.G.A. § 44-3-70 et seq., must be strictly construed and limited to its explicit terms, and, in that regard, the Act does not in any fashion speak to providing security from third party criminal acts as a part of a condominium's "upkeep," meaning maintenance, repair, renovation, restoration, and replacement. Bradford Square Condo. Ass'n v. Miller, 258 Ga. App. 240, 573 S.E.2d 405 (2002).   RESEARCH REFERENCES   Am. Jur. 2d.   - 15A Am. Jur. 2d, Condominiums and Cooperative Apartments, § 33.   C.J.S.   - 51C C.J.S., Landlord and Tenant, § 232.   ALR.   - Right of condominium association's management or governing body to inspect individual units, 41 A.L.R.4th 730.
GA Code § 44-3-108 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 3 - Regulation of Specialized Land Transactions|Article 3 - Condominiums|§ 44-3-108. Common Profits; Application to Expenses; Surplus

 The common profits shall be applied to the payment of common expenses, and the rights in any surplus remaining after such payment shall pertain to the condominium units in proportion to the liability for common expenses pertaining to each such unit. The surplus shall be accordingly distributed to or credited to the next assessments chargeable to the unit owners except to such extent as the condominium instruments may require or permit the same to be added to reserves maintained pursuant to those instruments.   (Ga. L. 1975, p. 609, § 40.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 15A Am. Jur. 2d, Condominiums and Cooperative Apartments, § 34.   C.J.S.   - 51C C.J.S., Landlord and Tenant, § 232.