reglab/housing_qa huggingface dataset:
GA Code § 44-3-110 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 3 - Regulation of Specialized Land Transactions|Article 3 - Condominiums|§ 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 alienability of the condominium units created by the condominium instruments shall be void unless the condominium instruments make provision for furnishing upon request to any unit owner or person who has executed a contract for the purchase of a condominium unit a recordable statement certifying to any waiver of or failure or refusal to exercise such rights and restraints whenever such waiver, failure, or refusal has occurred. Failure or refusal to furnish that statement within 30 days or such lesser period as the condominium instruments may specify shall cause all such rights and restraints to be inapplicable to the disposition of the condominium unit in contemplation of which such statement was requested. Any such statement shall be binding on the association and on every unit owner. Payment of a fee not exceeding $25.00 may be required as a prerequisite to the issuance of such a statement if the condominium instruments so provide.   (Ga. L. 1975, p. 609, § 42.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 15A Am. Jur. 2d, Condominiums and Cooperative Apartments, § 42.   C.J.S.   - 31 C.J.S., Estates, § 145 et seq.
GA Code § 44-3-112 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 3 - Regulation of Specialized Land Transactions|Article 3 - Condominiums|§ 44-3-112. Escrow of Deposits or Other Payments Made Prior to Closing

  Any deposit or other payment made prior to closing with respect to the first bona fide sale of each residential condominium unit for residential occupancy by the buyer, any member of the buyer's family, or any employee of the buyer shall be held in escrow until it is delivered at closing, delivered to the seller in accordance with subsection (b) of this Code section, or delivered to the person or persons entitled thereto upon breach of the contract for the sale. Such escrow funds shall be deposited in a separate account designated for this purpose; provided, however, that, in the event any such deposit is held by a real estate broker licensed under the laws of this state, such funds may be placed in such broker's escrow account instead of a separately designated account.   If the contract for sale of the condominium unit so provides and the purchase price of the condominium unit is not less than $150,000.00, the seller may withdraw escrow funds in excess of 1 percent of the purchase price from the escrow account required by subsection (a) of this Code section when the construction of improvements has commenced. The seller shall only use the funds in the actual construction and development of the condominium property in which the unit to be sold is located. However, no part of these funds may be used for salaries, commissions, expenses of real estate licensees, or advertising purposes. A contract which permits use of the advance payments for these purposes shall be initialed by the buyer and include the following caveat in boldfaced type or capital letters no smaller than the largest type on the first page of the contract: ANY PAYMENT IN EXCESS OF 1 PERCENT OF THE PURCHASE PRICE MADE TO THE SELLER PRIOR TO CLOSING PURSUANT TO THIS CONTRACT MAY BE USED FOR CONSTRUCTION PURPOSES BY THE SELLER.    (Ga. L. 1975, p. 609, § 44; Ga. L. 2006, p. 548, § 2/SB 573.)   Editor's notes.   - Ga. L. 2006, p. 548, § 3, not codified by the General Assembly, provides: "This Act shall only apply with respect to causes of actions or claims arising on or after the effective date of this Act, and any prior causes of action or claims shall continue to be governed by prior law."   RESEARCH REFERENCES   Am. Jur. 2d.   - 28 Am. Jur. 2d, Escrow, § 6 et seq.   C.J.S.   - 30A C.J.S., Escrows, §§ 1, 8.
GA Code § 44-3-113 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 3 - Regulation of Specialized Land Transactions|Article 3 - Condominiums|§ 44-3-113. Applicability of This Article; Effect on Existing Condominiums

  This article shall apply to all property which is submitted to this article and shall also apply to any condominium created prior to October 1, 1975, pursuant to the "Apartment Ownership Act" if the instruments creating such condominium are amended in accordance with their terms in order to submit the condominium to this article.   Existing condominiums created pursuant to the "Apartment Ownership Act" may amend the instruments creating them in certain respects in order to avail themselves of this article; provided, however, that any amendment must conform the instrument or instruments creating the condominium to this article in all necessary respects and the condominium shall thereafter be deemed to be submitted to this article. No condominium shall be established under the "Apartment Ownership Act" on or after October 1, 1975. Nothing contained in this article shall be construed to affect the validity of any provision of any instrument recorded prior to October 1, 1975.    (Ga. L. 1975, p. 609, § 2.)   Code Commission notes.   - The Apartment Ownership Act, Ga. L. 1963, p. 561, has not been codified in view of the provisions of this Code section.   Law reviews.   - For note, "The Georgia Condominium Act's Authorization of Private Takings: Revisiting Kelo and 'Bitter with the Sweet,"' see 55 Ga. L. Rev. 395 (2020).   JUDICIAL DECISIONS   Georgia Condominium Act held inapplicable.    - As an assignee of a condominium association's interest in unpaid condominium assessments and liens in a unit presented no evidence that the declaration of condominium, recorded before enactment of the Georgia Condominium Act, O.C.G.A. § 44-3-70 et seq., was amended to submit the condominium to the Act, the assignee failed to show that the lien priority provisions of O.C.G.A. § 44-3-109 of the Act applied. Therefore, upon a creditor's foreclosure of its deed to secure debt, the provisions of the declaration operated to extinguish the assignee's lien for condominium assessments. Denhardt v. 7 Bay Traders LLC, 296 Ga. App. 122, 673 S.E.2d 621 (2009).    Cited in Devins v. Leafmore Forest Condominium Ass'n, 200 Ga. App. 158, 407 S.E.2d 76 (1991).
GA Code § 44-3-115 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 3 - Regulation of Specialized Land Transactions|Article 3 - Condominiums|§ 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 pursuant thereto shall be liberally construed in favor of the valid establishment of a condominium pursuant to this article with respect to the submitted property. Substantial compliance with the requirements of this article for the establishment of a condominium shall suffice to bring property described in condominium instruments recorded pursuant to this article within the purview and application of this article; and any defects in such instruments or want of conformity with this article may be cured by an amendment thereto duly executed by the association and recorded or, upon application of any unit owner, with notice to the declarant, the association, and all other unit owners, by decree of the court.   (Ga. L. 1975, p. 609, § 45.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 17A Am. Jur. 2d, Contracts, §§ 340, 341, 367.   C.J.S.   - 17A C.J.S., Contracts, § 332.
GA Code § 44-3-116 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 3 - Regulation of Specialized Land Transactions|Article 3 - Condominiums|§ 44-3-116. Limitations in Certain Restrictive Covenants Inapplicable

 The limitations provided in subsection (b) and in paragraphs (1), (2), and (4) of subsection (d) of Code Section 44-5-60 shall not apply to any covenants contained in any condominium instrument created pursuant to this article.    (Code 1981, §44-3-116, enacted by Ga. L. 1990, p. 227, § 16; Ga. L. 1994, p. 1943, § 11.)   RESEARCH REFERENCES   ALR.   - Erection of condominium as violation of restrictive covenant forbidding erection of apartment houses, 65 A.L.R.3d 1212.
GA Code § 44-3-130 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 3 - Regulation of Specialized Land Transactions|Article 4 - Cemeteries|§ 44-3-130. Through 44-3-152

 Reserved. Repealed by Ga. L. 2000, p. 882, § 5, effective July 1, 2000.   Editor's notes.   - This article consisted of Code Sections 44-3-130 through 44-3-152, relating to cemeteries, and was based on Ga. L. 1983, p. 1508, § 1; Ga. L. 1984, p. 22, § 44; Ga. L. 1985, p. 149, § 44; Ga. L. 1986, p. 10, § 44; Ga. L. 1986, p. 1468, §§ 1-9; Ga. L. 1987, p. 3, § 44; Ga. L. 1992, p. 6, § 44; Ga. L. 1992, p. 2397, § 1; Ga. L. 1994, p. 329, § 1; Ga. L. 1998, p. 128, § 44; Ga. L. 2000, p. 1589, § 3. For present comparable provisions, see Chapter 14 of Title 10.
GA Code § 44-3-220 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 3 - Regulation of Specialized Land Transactions|Article 6 - Property Owners' Associations|§ 44-3-220. Short Title

 This article shall be known and may be cited as the "Georgia Property Owners' Association Act."    (Code 1981, §44-3-220, enacted by Ga. L. 1994, p. 1879, § 1.)
GA Code § 44-3-222 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 3 - Regulation of Specialized Land Transactions|Article 6 - Property Owners' Associations|§ 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 the recordation of the declaration pursuant to this article or the amendment of a recorded declaration in accordance with Code Section 44-3-235.Any declaration or amendment intending to bring or avail a development of the benefits and provisions of this article shall state an affirmative election to be so governed.Any original declaration shall be duly executed by or on behalf of all of the owners of the submitted property. Any such amendment to an existing declaration shall be executed in accordance with the terms of the recorded declaration being amended thereby.    (Code 1981, §44-3-222, enacted by Ga. L. 1994, p. 1879, § 1.)
GA Code § 44-3-223 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 3 - Regulation of Specialized Land Transactions|Article 6 - Property Owners' Associations|§ 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 lot shall comply with all lawful provisions of the property owners' association instrument.In addition, any lot owner and all those entitled to occupy a lot shall comply with any reasonable rules or regulations adopted by the association pursuant to the instrument which have been provided to the lot owners and with the lawful provisions of the bylaws of the association.Any lack of such compliance shall be grounds for an action to recover sums due, for damages or injunctive relief, or for any other remedy available at law or in equity, maintainable by the association or, in any proper case, by one or more aggrieved lot owners on their own behalf or as a class action.If and to the extent provided in the instrument, the association shall be empowered to impose and assess fines and suspend temporarily voting rights and the right of use of certain of the common areas and services paid for as a common expense in order to enforce such compliance; provided, however, that no such suspension shall deny any lot owner or occupants access to the lot owned or occupied.    (Code 1981, §44-3-223, enacted by Ga. L. 1994, p. 1879, § 1.)
GA Code § 44-3-224 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 3 - Regulation of Specialized Land Transactions|Article 6 - Property Owners' Associations|§ 44-3-224. Voting at Association Meetings

  Since a lot owner may be more than one person, if only one of those persons is present at a meeting of the association, or is voting by proxy, ballot, or written consent, that person shall be entitled to cast the votes pertaining to that lot. However, if more than one of those persons is present, or executes a proxy, ballot, or written consent, the vote pertaining to that lot shall be cast only in accordance with their unanimous agreement unless the instrument expressly provides otherwise; and such consent shall be conclusively presumed if any one of them purports to cast the votes pertaining to that lot without protest being made immediately by any of the others to the person presiding over the meeting or vote.   The votes pertaining to any lot may, and, in the case of any lot owner not a natural person or persons, shall, be cast pursuant to a proxy or proxies duly executed by or on behalf of the lot owner or, in cases where the lot owner is more than one person, by or on behalf of the joint owners of the lot. No such proxy shall be revocable except as provided in Code Section 14-2-722 or Code Section 14-3-724 or by written notice delivered to the association by the lot owner or by any joint owners of a lot. Any proxy shall be void if it is not dated or if it purports to be revocable without such notice.     (Code 1981, §44-3-224, enacted by Ga. L. 1994, p. 1879, § 1; Ga. L. 2004, p. 560, § 9.)
GA Code § 44-3-227 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 3 - Regulation of Specialized Land Transactions|Article 6 - Property Owners' Associations|§ 44-3-227. Incorporation as Prerequisite to Submission to Article; Requirements as to Corporate Documents; Board of Directors

  Prior to submission to this article, the association shall 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, as amended. The corporate name of the association shall include the word or words "homeowners," "property owners," "community," "club," or "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. 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 lot owner.   Prior to the first conveyance of a property owners' association lot, the declarant shall cause the first board 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 the instrument; and copies thereof shall be furnished to any lot owner on request upon payment of a reasonable charge therefor.     (Code 1981, §44-3-227, enacted by Ga. L. 1994, p. 1879, § 1; Ga. L. 2004, p. 560, § 11.)
GA Code § 44-3-228 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 3 - Regulation of Specialized Land Transactions|Article 6 - Property Owners' Associations|§ 44-3-228. Presence of Quorums at Meetings

 Unless the instrument 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 instrument 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 business at any meeting of the board.    (Code 1981, §44-3-228, enacted by Ga. L. 1994, p. 1879, § 1; Ga. L. 2004, p. 560, § 12.)
GA Code § 44-3-229 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 3 - Regulation of Specialized Land Transactions|Article 6 - Property Owners' Associations|§ 44-3-229. Persons Deemed to Be "Lot owner."

 If the instrument provides that any member of the board of directors or any officer of the association must be a lot owner, then, notwithstanding Code Section 44-3-221, the term "lot owner" in such context shall, unless the instrument otherwise provides, 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 lot owner. Any individual who would not be eligible to serve as a member of the board of directors or officer were he or she not a shareholder, director, officer, partner in, or trustee of such a person shall be deemed to have disqualified himself or herself from continuing in office if he or she ceases to have any such affiliation with that person.    (Code 1981, §44-3-229, enacted by Ga. L. 1994, p. 1879, § 1.)
GA Code § 44-3-230 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 3 - Regulation of Specialized Land Transactions|Article 6 - Property Owners' Associations|§ 44-3-230. Frequency of Meetings; Notice

 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. Notice shall be given to each lot 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, for any special meeting, purpose of such meeting. Such notice shall be delivered personally or 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 lot owners of record at such address or addresses as designated by such lot owners or, if no other address has been so designated, at the address of their respective lots. At the annual meeting, comprehensive reports of the affairs, finances, and budget projections of the association shall be made to the lot owners.    (Code 1981, §44-3-230, enacted by Ga. L. 1994, p. 1879, § 1; Ga. L. 1995, p. 10, § 44; Ga. L. 2004, p. 560, § 13; 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 third sentence.
GA Code § 44-3-233 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 3 - Regulation of Specialized Land Transactions|Article 6 - Property Owners' Associations|§ 44-3-233. Liberal Construction of Article; Substantial Compliance; Curing of Defects by Amendment

 The provisions of this article and of an instrument recorded pursuant thereto shall be liberally construed in favor of the valid establishment of property owners' association pursuant to this article with respect to the submitted property. Substantial compliance with the requirements of this article for the establishment of a property owners' association shall suffice to being property described in an instrument recorded pursuant to this article within the purview and application of this article; and any defects in such instrument or want of conformity with this article may be cured by an amendment thereto duly executed by the association and recorded or, upon application of any lot owner, with notice to the declarant, the association, and all other lot owners, by decree of the court.    (Code 1981, §44-3-233, enacted by Ga. L. 1994, p. 1879, § 1.)
GA Code § 44-3-234 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 3 - Regulation of Specialized Land Transactions|Article 6 - Property Owners' Associations|§ 44-3-234. Application of Article

 The limitations provided in subsection (b) and paragraphs (1), (2), and (4) of subsection (d) of Code Section 44-5-60 shall not apply to any covenants contained in any instrument created pursuant to or submitted to this article.    (Code 1981, §44-3-234, enacted by Ga. L. 1994, p. 1879, § 1.)
GA Code § 44-3-235 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 3 - Regulation of Specialized Land Transactions|Article 6 - Property Owners' Associations|§ 44-3-235. Applicability of Article

  This article shall apply to all property which is submitted to this article.This article shall also apply to any association of owners subject to a recorded declaration of covenants upon property, which covenants are administered by an owners' association in which membership is mandatory for all owners of lots in the development, which declaration is amended in accordance with Code Section 44-3-222 in order to submit the property owners' association to this article; provided, however, that any amendment must conform the instrument creating the property owners' association to this article, and the property owners' development shall thereafter be deemed to be submitted to this article.   This article shall not apply to associations created pursuant to Article 3 of this chapter, the "Georgia Condominium Act," except to the extent that a property owners' development created under this article includes a condominium, together with other real property, as provided in paragraph (9) of Code Section 44-3-221.   This article shall not be construed to affect the validity of any instrument recorded before or after July 1, 1994, but benefits derived from or based upon this article may only be claimed by developments submitted to this article.     (Code 1981, §44-3-235, enacted by Ga. L. 1994, p. 1879, § 1; Ga. L. 2004, p. 560, § 15.)
GA Code § 44-3-250 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 3 - Regulation of Specialized Land Transactions|Article 7 - Specialized Land Transactions|§ 44-3-250. Itemized Reporting of Expenses by Developers

 Any developer that directly manages a homeowners' or condominium owners' association whose annual assessment fee is $500.00 or more in a development or subdivision with 20 or more homes shall provide a report itemizing the expenses for such homeowners' or condominium owners' association to each homeowner or condominium owner not later than 60 days after the end of the year for which fees were assessed. This Code section shall not apply to any development that has been made a property owners' development in accordance with Article 6 of this chapter, the "Georgia Property Owners' Association Act."    (Code 1981, §44-3-250, enacted by Ga. L. 2009, p. 326, § 1/HB 528.)
GA Code § 44-4-1 (2021)
2021 Georgia Code|Title 44 - Property|Chapter 4 - Determination of Boundaries|Article 1 - Processioning|§ 44-4-1. Through 44-4-10

 Reserved. Repealed by Ga. L. 2014, p. 695, § 4/HB 790, effective July 1, 2014.   Editor's notes.   - This article consisted of Code Sections 44-4-1 through 44-4-10, relating to processioning, and was based on Laws 1798, Cobb's 1851 Digest, p. 716; Laws 1799, Cobb's 1851 Digest, p. 717-718; Laws 1818, Cobb's 1851 Digest, p. 719; Laws 1850, Cobb's 1851 Digest, p. 719; Ga. L. 1853-54, p. 76, § 1; Orig. Code 1863, §§ 2352-2361; Code 1868, §§ 2349-2358; Code 1873, §§ 2384-2393; Code 1882, §§ 2384-2393; Civil Code 1895, §§ 3243-3252; Ga. L. 1901, p. 39, § 1; Ga. L. 1905, p. 83, § 1; Civil Code 1910, §§ 3817-3826; Ga. L. 1912, p. 70, § 1; Ga. L. 1929, p. 167, § 1; Code 1933, §§ 85-1601 through 85-1610; Ga. L. 1953, Jan.-Feb. Sess., p. 202, §§ 1, 2; Ga. L. 1956, p. 326, § 1; Ga. L. 1982, p. 3, § 44; Ga. L. 2011, p. 99, §§ 80, 81/HB 24.