reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 2 - RECORDATION AND REGISTRATION OF DEEDS AND OTHER INSTRUMENTS (§§ 44-2-1 — 44-2-253) › Article 2 - LAND REGISTRATION (§§ 44-2-40 — 44-2-253) › Part 8 - FORMS (§§ 44-2-220 — 44-2-253) › Section 44-2-246 - Notation of delinquent taxes or assessments

Delinquent taxes and assessments shall be noted on the title register when the officer charged with the collection of taxes files with the clerk a certificate substantially in the following form:
NOTATION OF DELINQUENT TAXES
I certify that __________________ (state, county, or city, as the case may be) has a lien for unpaid taxes (or assessments, as the case may be) for the year __________________ against the land described in certificate No. __________________, Registered Title No. __________________, registered in the office of the clerk of the Superior Court of __________________ County, in the amount of $__________________. The clerk will please note the same on the title register.
This __________________ day of __________________, __________________.
__________________
Tax Collector
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 2 - RECORDATION AND REGISTRATION OF DEEDS AND OTHER INSTRUMENTS (§§ 44-2-1 — 44-2-253) › Article 2 - LAND REGISTRATION (§§ 44-2-40 — 44-2-253) › Part 8 - FORMS (§§ 44-2-220 — 44-2-253) › Section 44-2-247 - Notation of judgment

The regular form to be used for the notation of a judgment on the title register is as follows:
NOTATION OF JUDGMENT
To the clerk of the Superior Court, __________________ County, Georgia:
Please note on certificate of title No. __________________, Registered Title No. __________________, a judgment issued from __________________
Court of __________________ in favor
of __________________ v. __________________
for the amount of $__________________.
This __________________ day of __________________, __________________.
This __________________ day of __________________, __________________.
__________________
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 2 - RECORDATION AND REGISTRATION OF DEEDS AND OTHER INSTRUMENTS (§§ 44-2-1 — 44-2-253) › Article 2 - LAND REGISTRATION (§§ 44-2-40 — 44-2-253) › Part 8 - FORMS (§§ 44-2-220 — 44-2-253) › Section 44-2-248 - Notation of special right; notice of lis pendens; recordation and notation of lengthy descriptions

(a)
The regular form to be used where any person desires a notation to be made of any lien, encumbrance, or special right, other than voluntary transactions and other than those otherwise provided for in this part, is as follows:
REQUEST FOR NOTATIONS OF SPECIAL RIGHT
The undersigned __________________
claims against the land described in certificate No. __________________, Registered Title No. __________________, registered in the office of the clerk of the Superior Court of __________________ County, the following lien (encumbrance, equity, or special right, as the case may be):
__________________
in proof of which reference is had to the following record or court proceeding __________________.
Please note the same upon the register of title accordingly.
__________________
Sworn to and subscribed before me this
__________________ day of __________________, __________________.
__________________
(b)
The above form may be used to give notice of a lis pendens.
(c)
If the description of the alleged encumbrance, equity, or special right is too lengthy to note with convenience on the blanks in the title register, the request for the notation of the same shall be recorded on the deed book of the county; and the clerk shall register only a general description of it but shall note under the appropriate column heading in the title register the reference "Special, see Deed Book __________________ page __________________."
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 2 - RECORDATION AND REGISTRATION OF DEEDS AND OTHER INSTRUMENTS (§§ 44-2-1 — 44-2-253) › Article 2 - LAND REGISTRATION (§§ 44-2-40 — 44-2-253) › Part 8 - FORMS (§§ 44-2-220 — 44-2-253) › Section 44-2-249 - Cancellation of creditor's certificate

The owner of a creditor's certificate may authorize the clerk to register the cancellation thereof by writing thereon "Canceled. The clerk will please cancel the same on the title register" and dating and signing the same in the presence of an officer authorized to attest deeds. If the person owning the creditor's certificate is not the person in whose name it was issued and if the original creditor has not endorsed it in blank, the owner signing the cancellation shall also make an affidavit that he is the owner of the creditor's certificate and entitled to cancel it. The creditor's certificate shall be surrendered to the clerk at the time of the registration of the cancellation.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 2 - RECORDATION AND REGISTRATION OF DEEDS AND OTHER INSTRUMENTS (§§ 44-2-1 — 44-2-253) › Article 2 - LAND REGISTRATION (§§ 44-2-40 — 44-2-253) › Part 8 - FORMS (§§ 44-2-220 — 44-2-253) › Section 44-2-250 - Request to cancel entries

Authority for the clerk to cancel entries of other liens, mortgages, encumbrances, special claims, and like matters may be conferred by the execution by the person in whose favor such matters exist or his personal representative of a request as follows:
REQUEST TO CANCEL ENTRY
To the Clerk of the Superior Court of __________________ County:
You are directed to cancel the entry registered in my favor on certificate of title No. __________________, Registered Title No. __________________, claiming the following lien (encumbrance or special right, as the case may be)
__________________
This __________________ day of __________________, __________________.
__________________
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 2 - RECORDATION AND REGISTRATION OF DEEDS AND OTHER INSTRUMENTS (§§ 44-2-1 — 44-2-253) › Article 2 - LAND REGISTRATION (§§ 44-2-40 — 44-2-253) › Part 8 - FORMS (§§ 44-2-220 — 44-2-253) › Section 44-2-251 - [Repealed] Registration and notation of other voluntary transactions

Reserved. Repealed by Ga. L. 1989, p. 563, § 8, effective April 3, 1989.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 2 - RECORDATION AND REGISTRATION OF DEEDS AND OTHER INSTRUMENTS (§§ 44-2-1 — 44-2-253) › Article 2 - LAND REGISTRATION (§§ 44-2-40 — 44-2-253) › Part 8 - FORMS (§§ 44-2-220 — 44-2-253) › Section 44-2-252 - Updating entries and notations on owner's certificate; clerk's endorsement

The holder of an uncanceled owner's certificate of title may at any time present it to the clerk and have the clerk enter on the owner's certificate all entries and notations of every kind which appear on the certificate of title which have not already been entered on the owner's certificate. The clerk shall thereupon endorse on the owner's certificate the words "Valid, with all entries noted to this date. This __________________ day of __________________, __________________, at __________________: __________________ __________________. M." and shall officially sign the endorsement.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 2 - RECORDATION AND REGISTRATION OF DEEDS AND OTHER INSTRUMENTS (§§ 44-2-1 — 44-2-253) › Article 2 - LAND REGISTRATION (§§ 44-2-40 — 44-2-253) › Part 8 - FORMS (§§ 44-2-220 — 44-2-253) › Section 44-2-253 - Filing cases; method of filing papers relating to registered lands

The county governing authority shall furnish the clerk with the necessary durable filing cases. He shall carefully number and file away all papers relating to and dealing with registered lands. All the papers relating to each registered title shall be filed together and separately from the papers relating to any other registered title, in such regular consecutive numerical arrangement as to make them easily accessible at all times.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 3 - REGULATION OF SPECIALIZED LAND TRANSACTIONS (§§ 44-3-1 — 44-3-250) › Article 1 - GEORGIA LAND SALES ACT (§§ 44-3-1 — 44-3-20) › Section 44-3-1 - Short title

This article shall be known and may be cited as the "Georgia Land Sales Act."
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 3 - REGULATION OF SPECIALIZED LAND TRANSACTIONS (§§ 44-3-1 — 44-3-250) › Article 1 - GEORGIA LAND SALES ACT (§§ 44-3-1 — 44-3-20) › Section 44-3-4.1 - [Repealed] Fees and expenses of commission

Repealed by Ga. L. 1995, p. 993, § 1, effective July 1, 1995.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 3 - REGULATION OF SPECIALIZED LAND TRANSACTIONS (§§ 44-3-1 — 44-3-250) › Article 1 - GEORGIA LAND SALES ACT (§§ 44-3-1 — 44-3-20) › Section 44-3-5 - Violations of article

(a)
It shall be unlawful for any person:
(1)
To offer to sell or to sell any subdivided land in violation of any provision of this article;
(2)
To offer to sell or to sell any subdivided land by means of any oral or written untrue statement of a material fact or any omission to state a material fact necessary in order to make the statements made in the light of the circumstances under which they are made not misleading, the purchaser not knowing of the untruth or omission, if such person shall not sustain the burden of proof that such person did not know and, in the exercise of reasonable care, could not have known of the untruth or omission; or
(3)
To offer to sell or to sell any subdivided land by means of any property report except a property report which complies with this article unless the offer of disposition of an interest in land is exempt from the provisions of Code Section
44-3-3
pursuant to Code Section
44-3-4
.
(b)
It shall be unlawful for any person to make to any prospective purchaser any representation that any federal, state, county, or municipal agency, board, or commission has passed judgment in any way upon the truthfulness, completeness, or accuracy of a property report or upon the merits of such land, or has recommended or given approval to such land or transaction.
(c)
It shall be unlawful for any person knowingly to cause to be made, in any document used under this article, any statement which is, at the time it is made and in light of the circumstances under which it is made, false or misleading in any material respect.
(d)
It shall be unlawful for any person in connection with the offer, sale, or purchase of any subdivided land, directly or indirectly:
(1)
To employ any device, scheme, or artifice to defraud; or
(2)
To engage in any transaction, act, practice, or course of business which operates or would operate as a fraud or deceit upon the purchaser or seller.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 3 - REGULATION OF SPECIALIZED LAND TRANSACTIONS (§§ 44-3-1 — 44-3-250) › Article 1 - GEORGIA LAND SALES ACT (§§ 44-3-1 — 44-3-20) › Section 44-3-6 - Order prohibiting act, practice, or transaction in violation of article; injunctive relief

(a)
Whenever it appears to the district attorney or the Attorney General, either upon complaint or otherwise, that any person has engaged in, is engaging in, or is about to engage in any act, practice, or transaction which is prohibited by this article, the district attorney or the Attorney General, or both, may in their discretion apply to any court of competent jurisdiction in this state including the Superior Court of Fulton County for an injunction restraining such person and that person's agents, employees, partners, officers, and directors from continuing such act, practice, or transaction or from doing any acts in furtherance thereof and for the appointment of a receiver or an auditor and such other and further relief as the facts may warrant.
(b)
In any proceedings for an injunction, the district attorney or the Attorney General may apply for and be entitled to have issued the court's subpoena requiring:
(1)
The immediate appearance of any defendant and that defendant's agents, employees, partners, officers, or directors; and
(2)
The production of such documents, books, and records as may appear necessary for the hearing upon the petition for an injunction.
(c)
Upon proof of any of the offenses described in this Code section, the court may grant such injunction and appoint a receiver or an auditor and issue such other orders for the protection of purchasers as the facts may warrant.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 3 - REGULATION OF SPECIALIZED LAND TRANSACTIONS (§§ 44-3-1 — 44-3-250) › Article 1 - GEORGIA LAND SALES ACT (§§ 44-3-1 — 44-3-20) › Section 44-3-7 - Willful violation of article; effect on statutory or common-law right to punish violations; effect of article on Attorney General

(a)
Except as provided in subsection (b) of this Code section, any person who shall willfully violate any provision of this article shall be guilty of a misdemeanor and, upon conviction thereof, shall be subject to a fine of not more than $1,000.00 or imprisonment not to exceed 12 months, or both.
(b)
Any person who shall willfully violate paragraph (2) of subsection (a) of Code Section
44-3-5
or subsection (d) of Code Section
44-3-5
shall be guilty of a felony and, upon conviction thereof, shall be punished by a fine of not more than $5,000.00 or imprisonment for not less than one and not more than five years, or both.
(c)
Nothing in this article shall limit any statutory or common-law right of the state to punish any person for violation of any provision of any law.
(d)
Nothing in this article shall be deemed to prohibit the Attorney General from exercising any powers under Part 2 of Article 15 of Chapter 1 of Title 10 against any person.
Amended by 2015 Ga. Laws 187,§ 33, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 3 - REGULATION OF SPECIALIZED LAND TRANSACTIONS (§§ 44-3-1 — 44-3-250) › Article 1 - GEORGIA LAND SALES ACT (§§ 44-3-1 — 44-3-20) › Section 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

(a)
Any person who violates any provision of Code Section
44-3-5
shall be liable to the person buying such land. Such buyer may bring an action in any court of competent jurisdiction to recover damages, even if that buyer no longer owns the land, or, upon tender of the land at any time before entry of judgment, to recover the consideration paid, or the fair value thereof at the time the consideration was paid if such consideration was not paid in cash, for the land with interest thereon at the rate of 7 percent per annum from the date of payment down to the date of repayment, together with all taxable court costs and reasonable attorney's fees.
(b)
Every person who directly or indirectly controls a person liable under subsection (a) of this Code section, every general partner, executive officer, or director of such person liable under subsection (a) of this Code section, every person occupying a similar status or performing similar functions, and every person who participates in any material way in the sale is liable jointly and severally with and to the same extent as the person liable under subsection (a) of this Code section unless the person whose liability arises under the provisions of this subsection sustains the burden of proof that such person did not know and, in the exercise of reasonable care, could not have known of the existence of the facts by reason of which liability is alleged to exist. There is contribution as in the case of contract among several persons so liable.
(c)
No person may bring an action under this Code section more than two years from the date of the contract for sale or sale if there is no contract for sale.
(d)
Every cause of action under this article survives the death of any person who might have been a plaintiff or defendant.
(e)
Nothing in this article shall limit any statutory or common-law right of any person in any court for any act involving the sale of land.
(f)
The owner, publisher, licensee, or operator of any newspaper, magazine, visual or sound radio broadcasting station or network of stations, or the agents or employees of any such owner, publisher, licensee, or operator of such a newspaper, magazine, station or network of stations shall not be liable under this article for any advertising of any subdivision, lot, parcel, or unit in any subdivision carried in any such newspaper or magazine or by any such visual or sound radio broadcasting station or network of stations, nor shall any of them be liable under this article for the contents of any such advertisement, unless the owner, publisher, licensee, or operator has actual knowledge of the falsity thereof.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 3 - REGULATION OF SPECIALIZED LAND TRANSACTIONS (§§ 44-3-1 — 44-3-250) › Article 1 - GEORGIA LAND SALES ACT (§§ 44-3-1 — 44-3-20) › Section 44-3-8.1 - [Repealed] Denial of application, reprimand, suspension, civil penalty, or revocation of registration

Repealed by Ga. L. 1995, p. 993, § 1, effective July 1, 1995.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 3 - REGULATION OF SPECIALIZED LAND TRANSACTIONS (§§ 44-3-1 — 44-3-250) › Article 1 - GEORGIA LAND SALES ACT (§§ 44-3-1 — 44-3-20) › Section 44-3-9 - Venue

Except as provided in Code Section
44-3-6
, for the purposes of venue for any civil or criminal action under this article, any violation of this article or of any rule, regulation, or order promulgated under this article shall be considered to have been committed in any county in which any act was performed in furtherance of the transaction which violated the article, in the county of any violator's principal place of business, and in any county in which any violator had control or possession of any proceeds of said violation or of any books, records, documents, or other material or objects which were used in furtherance of said violation.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 3 - REGULATION OF SPECIALIZED LAND TRANSACTIONS (§§ 44-3-1 — 44-3-250) › Article 1 - GEORGIA LAND SALES ACT (§§ 44-3-1 — 44-3-20) › Section 44-3-10 - Business records required

Any developer or its agents shall keep among its business records and make reasonably available for examination to a purchaser or the purchaser's agent the following:
(1)
A copy of each item required in Code Section
44-3-3
; and
(2)
A copy of the sales agreement from each sale relating to the purchase of real property in a subdivision.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 3 - REGULATION OF SPECIALIZED LAND TRANSACTIONS (§§ 44-3-1 — 44-3-250) › Article 1 - GEORGIA LAND SALES ACT (§§ 44-3-1 — 44-3-20) › Section 44-3-11 - Certain waivers in contract void

Any condition, stipulation, or provision binding any person who enters into a transaction subject to the provisions of this article which waives:
(1)
Compliance with any provision of this article or of the rules and regulations promulgated under this article;
(2)
Any rights provided by this article or by the rules and regulations promulgated under this article; or
(3)
Any defenses arising under this article or under the rules and regulations promulgated under this article
shall be void.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 3 - REGULATION OF SPECIALIZED LAND TRANSACTIONS (§§ 44-3-1 — 44-3-250) › Article 1 - GEORGIA LAND SALES ACT (§§ 44-3-1 — 44-3-20) › Section 44-3-12 - Burden of proof of exemption

In any action, civil or criminal, where a defense is based upon any exemption provided for in this article, the burden of proving the existence of such exemption shall be upon the party raising such defense.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 3 - REGULATION OF SPECIALIZED LAND TRANSACTIONS (§§ 44-3-1 — 44-3-250) › Article 1 - GEORGIA LAND SALES ACT (§§ 44-3-1 — 44-3-20) › Section 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 are pending or may be initiated on the basis of facts or circumstances occurring before July 1, 1995, except that no civil actions may be maintained to enforce any liability under prior law unless brought within any period of limitation which applied when the cause of action accrued and, in any event, within two years of July 1, 1995.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 3 - REGULATION OF SPECIALIZED LAND TRANSACTIONS (§§ 44-3-1 — 44-3-250) › Article 1 - GEORGIA LAND SALES ACT (§§ 44-3-1 — 44-3-20) › Section 44-3-13.1 - through 44-3-13.3 - [Repealed]

Repealed by Ga. L. 1995, p. 993, § 1, effective July 1, 1995.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 3 - REGULATION OF SPECIALIZED LAND TRANSACTIONS (§§ 44-3-1 — 44-3-250) › Article 1 - GEORGIA LAND SALES ACT (§§ 44-3-1 — 44-3-20) › Section 44-3-15 - [Repealed] Consent to service

Repealed by Ga. L. 1995, p. 993, § 1, effective July 1, 1995
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 3 - REGULATION OF SPECIALIZED LAND TRANSACTIONS (§§ 44-3-1 — 44-3-250) › Article 1 - GEORGIA LAND SALES ACT (§§ 44-3-1 — 44-3-20) › Section 44-3-17 - [Repealed] Immunity of commissioner and commission from liability and actions

Repealed by Ga. L. 1995, p. 993, § 1, effective July 1, 1995.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 3 - REGULATION OF SPECIALIZED LAND TRANSACTIONS (§§ 44-3-1 — 44-3-250) › Article 1 - GEORGIA LAND SALES ACT (§§ 44-3-1 — 44-3-20) › Section 44-3-20 - through 44-3-27 - [Reserved and Repealed]

Repealed by Ga. L. 1982, p. 1431, § 1, effective November 1, 1982.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 3 - REGULATION OF SPECIALIZED LAND TRANSACTIONS (§§ 44-3-1 — 44-3-250) › Article 2 - SALES OF SUBDIVIDED OUT-OF-STATE LANDS (§ 44-3-40) › Section 44-3-40 - through 44-3-54 - [Repealed]

Repealed by Ga. L. 1982, p. 1431, § 1, effective November 1, 1982.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 3 - REGULATION OF SPECIALIZED LAND TRANSACTIONS (§§ 44-3-1 — 44-3-250) › Article 3 - CONDOMINIUMS (§§ 44-3-70 — 44-3-117) › Section 44-3-70 - Short title

This article shall be known and may be cited as the "Georgia Condominium Act."
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 3 - REGULATION OF SPECIALIZED LAND TRANSACTIONS (§§ 44-3-1 — 44-3-250) › Article 3 - CONDOMINIUMS (§§ 44-3-70 — 44-3-117) › Section 44-3-72 - Creation of condominium

A condominium shall come into existence upon the recordation of the declaration pursuant to this article and of the plats and plans required by Code Section
44-3-83
. The declaration shall be duly executed by or on behalf of all of the owners and lessees of the submitted property.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 3 - REGULATION OF SPECIALIZED LAND TRANSACTIONS (§§ 44-3-1 — 44-3-250) › Article 3 - CONDOMINIUMS (§§ 44-3-70 — 44-3-117) › Section 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 description of a condominium unit located thereon shall be deemed vague, uncertain, or otherwise insufficient if it sets forth the identifying number of that unit, the name of the condominium, the name of the county or counties in which the condominium is located, and the deed book and page number where the first page of the declaration is recorded. Any such description shall be deemed to include the undivided interest in the common elements appertaining to such unit even if such interest is not stated or referred to in the description.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 3 - REGULATION OF SPECIALIZED LAND TRANSACTIONS (§§ 44-3-1 — 44-3-250) › Article 3 - CONDOMINIUMS (§§ 44-3-70 — 44-3-117) › Section 44-3-74 - Recording condominium instruments, plats, plans, and encumbrances

(a)
The declaration and any amendments thereto shall be entitled to recordation if executed in the manner required for recording deeds to real property. All condominium instruments and any amendments and certifications thereto shall set forth the name of the condominium; the name of the county or counties in which the condominium is located; and, except for the declaration itself, the deed book and page number where the first page of the declaration is recorded or the document number assigned to the declaration upon its recordation. All condominium instruments and all amendments and certifications thereto shall be recorded in every county where any portion of the condominium is located. The recordation shall not require the approval of any county or municipal authority or official except as to the manner of execution prescribed by this Code section.
(b)
The clerk of superior court shall continue to maintain any legacy condominium plat books, condominium site plan books, condominium plot plan books, or condominium floor plan books that currently exist either in their current form or in electronic format.
(c)
All deeds, mortgages, liens, leases, and encumbrances of any kind affecting any condominium unit or duplicate originals thereof or copies thereof certified by the clerk of superior court in whose office the same are first recorded shall be recorded in all counties in which any part of the submitted property is located.
Amended by 2017 Ga. Laws 275,§ 44, eff. 5/9/2017.
Amended by 2016 Ga. Laws 351,§ 9, eff. 1/1/2017.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 3 - REGULATION OF SPECIALIZED LAND TRANSACTIONS (§§ 44-3-1 — 44-3-250) › Article 3 - CONDOMINIUMS (§§ 44-3-70 — 44-3-117) › Section 44-3-78 - Allocation - Interests in common elements

(a)
The declaration shall allocate to each unit depicted on plats or plans that comply with subsections (a) and (b) of Code Section
44-3-83
an undivided interest in the common elements. Such allocation may be by percentage, fraction, formula, or any other method which indicates the relative undivided interests in the common elements. If an equal undivided interest in the common elements is allocated to each unit, the declaration may merely so state.
(b)
All of the undivided interests in the common elements shall be allocated to the units created by the declaration and shall be subject to reallocation as provided in this article.
(c)
If the undivided interests allocated are other than equal, the undivided interest allocated to each unit shall be reflected by a table or provision in the declaration or by an exhibit or schedule accompanying the declaration and recorded simultaneously therewith identifying the units, listing them serially or grouping them together in the case of units to which identical undivided interests are allocated, and setting forth the fraction, percentage, or other statement of undivided interest in the common elements allocated thereto.
(d)
Except to the extent otherwise expressly provided by this article, the undivided interest in the common elements allocated to any unit shall not be altered; and any purported transfer, encumbrance, or other disposition of that interest without the unit to which it pertains shall be void.
(e)
The common elements shall not be subject to any action for partition except as provided in Code Sections
44-3-98
and
44-3-99
.
(f)
No undivided interest in the common elements shall be allocated to any unit unless such unit is depicted on plats or plans that comply with subsections (a) and (b) of Code Section
44-3-83
.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 3 - REGULATION OF SPECIALIZED LAND TRANSACTIONS (§§ 44-3-1 — 44-3-250) › Article 3 - CONDOMINIUMS (§§ 44-3-70 — 44-3-117) › Section 44-3-81 - Reallocation of interests in common elements, votes, and liability for common expenses

(a)
Interests in the common elements shall not be allocated to any units to be created within any additional property until plats or plans depicting the same are recorded pursuant to subsection (c) of Code Section
44-3-83
. Upon the submission of any additional property, the declarant shall execute and record an amendment to the declaration reallocating undivided interests in the common elements, votes in the association, and liabilities for common expenses in the manner provided in the declaration.
(b)
If all of a convertible space is converted into common elements, including, without limitation, limited common elements, the undivided interest in the common elements pertaining to such convertible space shall then pertain to the remaining units and shall be allocated among them in proportion to their undivided interests in the common elements. In the case of the conversion of all or any portion of any convertible space into one or more units or common elements, including, without limitation, limited common elements, the undivided interests in the common elements, the votes in the association, and the liability for common expenses shall be reallocated in the manner provided in the declaration. The declarant shall immediately prepare, execute, and record an amendment to the declaration effecting the reallocation of undivided interests produced thereby.
(c)
In the case of a leasehold condominium, upon the expiration or termination of any leasehold or estate for years with respect to any land upon or within which any unit exists, every such unit together with all common elements located upon or within such leasehold or estate for years shall be deemed to have been withdrawn from the condominium unless the declaration provides for the termination of the condominium in such event. The undivided interest in the common elements pertaining to any unit thereby withdrawn from the condominium shall then pertain to the remaining units and shall be allocated among them in proportion to their undivided interests in the common elements. The association shall immediately prepare, execute, and record an amendment to the declaration effecting the reallocation of undivided interests produced thereby. In the case of the reduction of a condominium on account of the expiration or termination of a leasehold or estate for years, all votes attributable to any unit located upon such property immediately prior to such reduction shall thereby be eliminated; in addition, the liability for common expenses pertaining to any such unit shall be allocated to the remaining units in proportion to their relative liabilities for common expenses.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 3 - REGULATION OF SPECIALIZED LAND TRANSACTIONS (§§ 44-3-1 — 44-3-250) › Article 3 - CONDOMINIUMS (§§ 44-3-70 — 44-3-117) › Section 44-3-82 - Assignments and reassignments of limited common elements

(a)
All assignments and reassignments of limited common elements shall be made or provided for in the condominium instruments. No limited common element shall be assigned or reassigned except in accordance with this article. No amendment to any condominium instrument shall alter any rights or obligations with respect to any limited common element without the consent of all unit owners whose use of the limited common element is or may be directly affected by the assignment or reassignment, as evidenced by their execution of the amendment, except to the extent that the condominium instruments expressly provided otherwise prior to or simultaneously with the first assignment of the limited common element.
(b)
Unless expressly prohibited by the condominium instruments, a limited common element may be reassigned upon written application to the association by the owners of units to which the limited common element appertains and the owners of units to which the limited common element is being reassigned. The association shall immediately prepare and execute an amendment to the declaration reassigning all rights and obligations with respect to the limited common element involved. Such amendment shall be delivered immediately to the owners of the units to which the limited common element appertains and the owners of units to which the limited common element is being reassigned and upon payment by them of all reasonable costs for the preparation, execution, and recordation thereof. The amendment shall become effective when the association and the owners of the units to which the limited common element appertains and the owners of units to which the limited common element is being reassigned have executed and recorded the same. No vote of the unit owners shall be necessary for the amendment provided in this Code section to be executed by the association.
(c)
A common element not previously assigned as a limited common element shall be so assigned only pursuant to the declaration. The amendment to the declaration making such an assignment shall be prepared and executed by the association. The amendment shall be delivered to the unit owner or owners to whose unit the assignment is being made upon payment by them of all reasonable costs for the preparation, execution, and recordation thereof. The amendment shall become effective after execution by the association and such unit owner or owners and recordation, and the recordation thereof shall be conclusive evidence that the method prescribed pursuant to the declaration was adhered to. Unless otherwise required by the condominium instruments, no vote of the unit owners shall be necessary for the amendment provided in this Code section to be executed by the association.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 3 - REGULATION OF SPECIALIZED LAND TRANSACTIONS (§§ 44-3-1 — 44-3-250) › Article 3 - CONDOMINIUMS (§§ 44-3-70 — 44-3-117) › Section 44-3-84 - Use of previously recorded plans in lieu of new plans

Plans previously recorded pursuant to subsection (b) of Code Section
44-3-77
may be used in lieu of new plans to satisfy in whole or in part the requirements of Code Section
44-3-89
if certifications thereof are recorded by the declarant in accordance with subsection (c) of Code Section
44-3-83
.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 3 - REGULATION OF SPECIALIZED LAND TRANSACTIONS (§§ 44-3-1 — 44-3-250) › Article 3 - CONDOMINIUMS (§§ 44-3-70 — 44-3-117) › Section 44-3-85 - Liability for failure to follow plats or plans; easements; liability for damage

(a)
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.
(b)
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.
(c)
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.
(d)
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.
(e)
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.
(f)
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.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 3 - REGULATION OF SPECIALIZED LAND TRANSACTIONS (§§ 44-3-1 — 44-3-250) › Article 3 - CONDOMINIUMS (§§ 44-3-70 — 44-3-117) › Section 44-3-86 - Leasehold condominiums; lessor's rights and powers; owner's rights and powers; liens; performance of covenants

(a)
As used in this Code section, the term "lessor" means any lessor, sublessor, or grantor of an estate for years.
(b)
In the case of any leasehold condominium:
(1)
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;
(2)
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;
(3)
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;
(4)
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;
(5)
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
(6)
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.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 3 - REGULATION OF SPECIALIZED LAND TRANSACTIONS (§§ 44-3-1 — 44-3-250) › Article 3 - CONDOMINIUMS (§§ 44-3-70 — 44-3-117) › Section 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

(a)
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
.
(b)
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.
(c)
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.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 3 - REGULATION OF SPECIALIZED LAND TRANSACTIONS (§§ 44-3-1 — 44-3-250) › Article 3 - CONDOMINIUMS (§§ 44-3-70 — 44-3-117) › Section 44-3-89 - Expansion of condominium; amendment to declaration; expansion of condominium after declarant's right to expand has expired

(a)
No condominium shall be expanded except in accordance with the provisions of the declaration and this article.
(b)
Any expansion shall be deemed to have occurred at the time of the recordation of plats or plans pursuant to subsection (c) of Code Section
44-3-83
and an amendment to the declaration effecting the expansion duly executed by the declarant, all other owners or lessees of the additional property being added to the condominium, and all mortgages of the additional property being added to the condominium. The amendment shall contain a legal description by metes and bounds of the additional property being added to the condominium and shall reallocate undivided interests in the common elements, votes in the association, and liabilities for future common expenses all in accordance with the provisions of the declaration.
(c)
Notwithstanding any other provision of this article, a condominium may be expanded by the association at any time after the declarant's right to expand the condominium has expired, provided that the unit owners of units to which two-thirds of the votes in the association appertain, or such higher amount as may be required by the declaration, exclusive of any vote or votes appurtenant to any unit or units then owned by the declarant, consent to an amendment to the governing documents expanding the condominium under the same terms and conditions as set forth in an explicit reservation of an option or options to expand the condominium contained in the condominium instruments as required by subsection (b) of Code Section
44-3-77
; and provided, further, that such explicit reservation existed within the first seven years of the recording of the governing documents. The amendment shall contain a legal description by metes and bounds of the additional property being added to the condominium and shall reallocate undivided interests in the common elements, votes in the association, and liabilities for future common expenses all in accordance with the provisions of the declaration. The amendment shall be executed by all owners or lessees of the additional property being added to the condominium and all mortgagees of the additional property being added to the condominium. Additionally, the agreement of the required majority of unit owners to the amendment shall be evidenced by their execution of the amendment. In the alternative, the sworn statement of the president, any vice president, or the secretary of the association attached to or incorporated in an amendment executed by the association, which sworn statement states unequivocally that agreement of the required majority was otherwise lawfully obtained and that any notices required under this article were properly given, shall be sufficient to evidence the required agreement.
Amended by 2017 Ga. Laws 173,§ 2, eff. 7/1/2017.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 3 - REGULATION OF SPECIALIZED LAND TRANSACTIONS (§§ 44-3-1 — 44-3-250) › Article 3 - CONDOMINIUMS (§§ 44-3-70 — 44-3-117) › Section 44-3-90 - Alterations within units; combining two or more units

(a)
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.
(b)
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
.