reglab/statecodes huggingface dataset:
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 44-3-94 - 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.
Amended by 2013 Ga. Laws 289,§ 1, eff. 7/1/2013.
Amended by 2004 Ga. Laws 535, § 4, eff. 7/1/2004.
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 44-3-96 - 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.
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 44-3-100 - Incorporation of association; name; articles and bylaws; membership; organization

(a)
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.
(b)
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.
(c)
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.
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 44-3-102 - 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.
Amended by 2009 Ga. Laws 141,§ 2, eff. 7/1/2009.
Amended by 2004 Ga. Laws 535, § 5, eff. 7/1/2004.
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 44-3-103 - 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.
Amended by 2004 Ga. Laws 535, § 6, eff. 7/1/2004.
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 44-3-104 - 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.
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 44-3-105 - 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.
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 44-3-108 - 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.
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 44-3-110 - 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.
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 44-3-112 - Escrow of deposits or other payments made prior to closing

(a)
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.
(b)
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.
Amended by 2006 Ga. Laws 643,§ 2, eff. 7/1/2006.
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 44-3-113 - Applicability of this article; effect on existing condominiums

(a)
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.
(b)
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.
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 44-3-114 - Effect of article upon land use, zoning, building, and subdivision laws; effect of Code Section 44-3-92; applicability of land use and zoning ordinances or laws to expandable condominium

(a)
No zoning, subdivision, building code, or other real estate use law, ordinance, or regulation shall prohibit the condominium form of ownership or impose any requirement upon a condominium which it does not impose upon a physically identical development under a different form of ownership. No subdivision law, ordinance, or regulation shall apply to any condominium or to any subdivision of any convertible space or unit. Except as stated in this Code section, no provision of this article invalidates or modifies any provision of any zoning, subdivision, building code, or other real estate use law, ordinance, or regulation; and nothing contained in this Code section shall be construed to amend, supersede, or invalidate any provision of Article 1 of this chapter nor shall Code Section
44-3-92
be construed to override any lawful density requirement imposed by any zoning, building, or land use law, ordinance, or regulation. This subsection shall apply to any condominium created on or after July 1, 1980, or to the expansion of any such condominium.
(b)
No subdivision law, ordinance, or regulation shall apply to any subdivision of any convertible space or unit as defined in this article. Notwithstanding the foregoing provisions of this subsection, however, nothing contained in this subsection shall be construed to amend, repeal, supersede, or invalidate any provision of Article 1 of this chapter nor shall Code Section
44-3-92
be construed to override any lawful density requirement imposed by any zoning, building, or land use law, ordinance, or regulation. This subsection shall apply to any condominium created prior to July 1, 1980, or to the expansion of any such condominium.
(c)
No subdivision law, ordinance, or regulation shall apply to the additional property of an expandable condominium for so long as the additional property may be added to the expandable condominium in accordance with the provisions of this article and the declaration. If the additional property is not deemed separate from the submitted property under any zoning, land use, subdivision, building, or life safety law, code, regulation, or ordinance at the time of the establishment of the condominium, the additional property shall not be deemed separate from the submitted property under any zoning, land use, subdivision, building, or life safety law, code, regulation, or ordinance so long as the additional property may be added by the declarant to the expandable condominium in accordance with the provisions of this article and the declaration.
Amended by 2007 Ga. Laws 334,§ 4, eff. 7/1/2007.
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 44-3-115 - 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.
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 44-3-116 - 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.
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 4 - CEMETERIES (§ 44-3-130) › Section 44-3-130 - through 44-3-152 - [Reserved]

Reserved. Repealed by Ga. L. 2000, p. 882, § 5, effective July 1, 2000.
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 5 - TIME-SHARE PROJECTS AND PROGRAMS (§§ 44-3-160 — 44-3-207) › Part 1 - GENERAL PROVISIONS (§§ 44-3-160 — 44-3-164) › Section 44-3-160 - Short title

This article shall be known and may be cited as the "Georgia Time-Share 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 5 - TIME-SHARE PROJECTS AND PROGRAMS (§§ 44-3-160 — 44-3-207) › Part 1 - GENERAL PROVISIONS (§§ 44-3-160 — 44-3-164) › Section 44-3-161 - Purpose of article

The purposes of this article are to:
(1)
Give statutory recognition to real property timesharing in this state;
(2)
Regulate developers of time-share estate and time-share use projects located in this state and outside this state when offered for sale in this state;
(3)
Require that developers of time-share projects:
(A)
Make certain disclosures to purchasers and prospective purchasers through the use of a public offering statement;
(B)
Deposit trust funds with an escrow agent;
(C)
Utilize only licensed real estate brokers as sales agents if required by Chapter 40 of Title 43; and
(D)
Comply with promotional advertising standards;
(4)
Establish operating standards for time-share project managing agents and exchange programs operating in this state; and
(5)
Provide for sanctions for violations of any provisions of this article which will permit:
(A)
Courts of competent jurisdiction to impose fines or imprisonment for misdemeanors and felonies; and
(B)
A claim for appropriate relief by any person adversely affected.
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 5 - TIME-SHARE PROJECTS AND PROGRAMS (§§ 44-3-160 — 44-3-207) › Part 1 - GENERAL PROVISIONS (§§ 44-3-160 — 44-3-164) › Section 44-3-162.1 - Time-share projects and programs; application of restrictive covenants; exceptions

(a)
As used in this Code section, the term:
(1)
"Private residence club" means an improvement located on real property, including, but not limited to, a single-family residence, the title to which is held by a maximum of eight individuals as tenants in common in fee simple or by a limited liability company containing not greater than eight members, and the use of such improvement or residence includes, without limitation, exclusive occupancy for certain time periods which are determined among the titleholders or limited liability company members by project instrument, including, but not limited to, a declaration of restrictive covenants, a contract, or otherwise. A private residence club may or may not be located in a private residence club development.
(2)
"Private residence club development" means a development of at least two private residence clubs in which the titleholders or members of the limited liability company, as respects to each private residence club, contractually agree by project instrument, contract, or otherwise to permit occupancy for certain time periods to the titleholders or members of the limited liability company as exist with respect to any or all of the private residence clubs in the private residence club development.
(b)
Neither a private residence club nor a private residence club development shall be considered a time-share estate, time-share program, time-share project, or time-share use under this article, and this article shall not be applicable to private residence clubs or private residence club developments; provided, however, that, notwithstanding the foregoing, if there exists a restrictive covenant on real estate that restricts or prohibits time-share estates, time-share programs, time-share projects, or time-share uses, such restrictive covenants shall equally restrict or prohibit a private residence club and a private residence club development unless such restrictive covenant expressly states that it does not apply to private residence clubs and private residence club developments. No zoning, subdivision, or building code or other real estate use ordinance or regulation shall prohibit a private residence club form of ownership or impose any requirement upon a private residence club which it does not impose upon a physically identical improvement or development under a different form of ownership. No subdivision law, ordinance, or regulation shall apply to any division of an improvement, including a single-family residence, into a private residence club or private residence club development.
Added by 2009 Ga. Laws 138,§ 1, eff. 5/5/2009.
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 5 - TIME-SHARE PROJECTS AND PROGRAMS (§§ 44-3-160 — 44-3-207) › Part 1 - GENERAL PROVISIONS (§§ 44-3-160 — 44-3-164) › Section 44-3-163 - Time-share estate title; recording transfer or encumbrance; taxation

(a)
A time-share estate is an estate in real property and has the character and incidents of an estate in fee simple at common law or estate for years, if a leasehold, except as expressly modified by this article. This subsection shall supersede any contrary rule at common law.
(b)
A document transferring or encumbering a time-share estate in real property shall not be rejected for recordation because of the nature or duration of that estate or interest, provided there is compliance with all requirements necessary to make an instrument recordable.
(c)
For purposes of title, each time-share estate constitutes a separate estate or interest in property.
(d)
For purposes of local real property taxation, each time-share unit, other than a unit operated for time-share use, shall be valued in the same manner as if such unit were owned by a single taxpayer. The total cumulative purchase price paid by the time-share owners for a unit shall not be utilized by the commissioner of revenue or other local assessing officers as a factor in determining the assessed value of such unit. A unit operated as a time-share use, however, may be assessed the same as other income-producing and investment property. Tax records in a time-share unit shall be in the name of the association or the managing agent.
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 5 - TIME-SHARE PROJECTS AND PROGRAMS (§§ 44-3-160 — 44-3-207) › Part 1 - GENERAL PROVISIONS (§§ 44-3-160 — 44-3-164) › Section 44-3-164 - Application of zoning and other local codes, ordinances, and regulations

No zoning, subdivision, or building code or other real estate use ordinance or regulation shall prohibit the time-share interval form of ownership or use or impose any requirement upon the time-share project which it does not impose upon a physically identical improvement or development under a different form of ownership. No subdivision law, ordinance, or regulation shall apply to any division of an improvement or unit into a time-share project or time-share intervals.
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 5 - TIME-SHARE PROJECTS AND PROGRAMS (§§ 44-3-160 — 44-3-207) › Part 2 - ADMINISTRATION (§§ 44-3-165 — 44-3-171) › Section 44-3-165 - Creation of time-share program; partition

(a)
A time-share program may be created in any unit, unless expressly prohibited by the project instruments.
(b)
No action for partition of a unit may be maintained except as permitted by the time-share instrument.
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 5 - TIME-SHARE PROJECTS AND PROGRAMS (§§ 44-3-160 — 44-3-207) › Part 2 - ADMINISTRATION (§§ 44-3-165 — 44-3-171) › Section 44-3-166 - Contents and recording of project and time-share instruments

(a)
Project instruments and time-share instruments creating time-share estates located in the State of Georgia shall be recorded in the superior court of the county in which the project is located and shall contain the following:
(1)
The name of the county in which the property is situated;
(2)
The legal description, street address, or other description sufficient to identify the property;
(3)
Identification of time periods by letter, name, number, or combination thereof;
(4)
Identification of time-share estates and, where applicable, the method whereby additional time-share estates may be created;
(5)
The formula, fraction, or percentage of the common expenses and any voting rights assigned to each time-share estate and, where applicable, to each unit in a project that is not subject to the time-share program;
(6)
Any restrictions on the use, occupancy, alteration, or alienation of time-share intervals; and
(7)
The ownership interest, if any, in personal property and provisions for care and replacement.
(b)
For time-share projects located outside the State of Georgia, project instruments therefor shall be recorded as required by the law of the jurisdiction in which such time-share project is located.
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 5 - TIME-SHARE PROJECTS AND PROGRAMS (§§ 44-3-160 — 44-3-207) › Part 2 - ADMINISTRATION (§§ 44-3-165 — 44-3-171) › Section 44-3-167 - Time-share estate program management and operation

The time-share instruments for a time-share estate program shall prescribe reasonable arrangements for management and operation of the time-share program and for the maintenance, repair, and furnishing of units, which shall include the following:
(1)
Creation of an association organization of time-share estate owners;
(2)
Adoption of bylaws for organizing and operating the association organization;
(3)
Payment of costs and expenses of operating the time-share program and of owning and maintaining the units;
(4)
Employment and termination of employment of the managing agent for the association organization;
(5)
Preparation and dissemination to owners of an annual budget and of operating statements and other financial information including, but not limited to, the current status of payments under any security deed, contracts for improvements, or other encumbrances concerning the time-share program;
(6)
Adoption of standards and rules of conduct for the use and occupancy of units by owners;
(7)
Collection of assessments from owners to defray the expenses of management of the time-share program and maintenance of the units;
(8)
Comprehensive general liability insurance for death, bodily injury, and property damage arising out of or in connection with the use of units by owners, their guests, and others and extended coverage casualty insurance;
(9)
Methods for providing compensating use periods or monetary compensation to an owner if a unit cannot be made available for the period to which the owner is entitled by schedule or by confirmed reservation;
(10)
Procedures for imposing a monetary penalty or suspension of an owner's rights and privileges in the time-share program for failure of the owner to comply with provisions of the time-share instruments or the rules of the association organization with respect to the use of the units. Under these procedures, an owner must be given notice and the opportunity to refute or explain the charges against him or her in person or in writing to the governing body of the association organization before a decision to impose discipline is rendered;
(11)
Employment of attorneys, accountants, and other professional persons as necessary to assist in the management of the time-share program and the units; and
(12)
Procedures for the developer to obtain the consent of a majority of the existing owners of the time-share estates before encumbering the time-share project for the purpose of making additional improvements to the project.
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 5 - TIME-SHARE PROJECTS AND PROGRAMS (§§ 44-3-160 — 44-3-207) › Part 2 - ADMINISTRATION (§§ 44-3-165 — 44-3-171) › Section 44-3-168 - Developer control period in time-share estate program

(a)
The time-share instruments for a time-share estate program may provide for a developer control period.
(b)
If the time-share instruments for a time-share estate program provide for the establishment of a developer control period, they shall include provisions for the following:
(1)
Termination of the developer control period by action of the association;
(2)
Termination of contracts for goods and services for the time-share program or for units in the time-share program entered into during the developer control period; and
(3)
A regular accounting by the developer to the association as to all matters that significantly affect the interests of owners in the time-share program including, but not limited to, the current status of payments under any security deed, contracts for improvements, or other encumbrances.
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 5 - TIME-SHARE PROJECTS AND PROGRAMS (§§ 44-3-160 — 44-3-207) › Part 2 - ADMINISTRATION (§§ 44-3-165 — 44-3-171) › Section 44-3-169 - Identification of time-share project, time-share units, and time periods

Project instruments and time-share instruments creating time-share uses shall contain the following:
(1)
Identification by name of the time-share project and street address where the time-share project is situated;
(2)
Identification of the time periods, type of units, and the units that are in the time-share program and the length of time that the units are committed to the time-share program; and
(3)
In case of a time-share project, identification of which units are in the time-share program and the method whereby any other units may be added, deleted, or substituted.
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 5 - TIME-SHARE PROJECTS AND PROGRAMS (§§ 44-3-160 — 44-3-207) › Part 2 - ADMINISTRATION (§§ 44-3-165 — 44-3-171) › Section 44-3-171 - Sale of time-share intervals and programs organized prior to July 1, 1983

In the event that:
(1)
Time-share intervals in a time-share program have been sold in this state to a resident of this state prior to July 1, 1983;
(2)
The time-share instruments and project instruments creating such program do not provide for or contain the provisions required by Code Sections
44-3-166
through
44-3-170
; and
(3)
The developer does not control a sufficient number of votes in the time-share program to amend the time-share instruments and project instruments to provide for the inclusion of the provisions required by Code Sections
44-3-166
through
44-3-170
without the vote of any other time-share interval owners,
then the developer shall include in the public offering statement a listing of those provisions required by Code Sections
44-3-166
through
44-3-170
but not included in the instruments.
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 5 - TIME-SHARE PROJECTS AND PROGRAMS (§§ 44-3-160 — 44-3-207) › Part 3 - DEVELOPERS AND EXCHANGE COMPANIES (§§ 44-3-172 — 44-3-184) › Section 44-3-173 - Annual reports filed by exchange companies and multilocation developers

(a)
An exchange company whose exchange program is offered to purchasers in connection with the offer or disposition of time-share intervals in this state shall, on or before July 1 of each year, file with the secretary of the association for the time-share program in which the time-share intervals are offered or disposed, the information required by paragraph (2) of subsection (a) of Code Section
44-3-172
with respect to the preceding year. If any of the information supplied fails to meet the requirements of this Code section, the district attorney or Attorney General may undertake enforcement action against the exchange company in accordance with the provisions of this article in either the superior court of the county wherein the time-share accommodations or facilities are located or in the Superior Court of Fulton County. No developer shall have any liability arising out of the use, delivery, or publication by the developer of any information provided to it by the exchange company pursuant to this Code section. Except as provided in this Code section, no exchange company shall have any liability with respect to (1) any representation made by the developer relating to the exchange program or exchange company, or (2) the use, delivery, or publication by the developer of any information relating to the exchange program or exchange company. An exchange company shall only be liable for written information provided to the developer by the exchange company. The failure of the exchange company to observe the requirements of this Code section, or the use by it of any unfair or deceptive act or practice in connection with the operation of the exchange program, shall be a violation of this article.
(b)
A multilocation developer which offers or disposes of time-share intervals in this state shall, on or before July 1 of each year, file with the secretary of the association for the time-share program the information required by paragraph (3) of subsection (a) of Code Section
44-3-172
with respect to the preceding year. If at any time any of the information supplied fails to meet the requirements of this Code section, the district attorney or Attorney General may undertake enforcement action against the multilocation developer in accordance with the provisions of this article in either the superior court of the county wherein the time-share accommodations or facilities are located or in the Superior Court of Fulton County. The failure of a multilocation developer to observe the requirements of this Code section, or the use by it of any unfair or deceptive act or practice in connection with the operation of the exchange program, shall be a violation of this article.
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 5 - TIME-SHARE PROJECTS AND PROGRAMS (§§ 44-3-160 — 44-3-207) › Part 3 - DEVELOPERS AND EXCHANGE COMPANIES (§§ 44-3-172 — 44-3-184) › Section 44-3-176 - Payments received by developer on uncompleted projects to be escrowed

(a)
If a developer enters into a sales agreement to sell a time-share interval and the construction, furnishing, and landscaping of the time-share project have not been substantially completed in accordance with the representations made by the developer in the disclosures required by this article, the developer shall deposit with an escrow agent all payments received by the developer from the purchaser towards the sales price until the project is substantially complete. Funds shall be released from escrow as follows:
(1)
If a purchaser properly terminates the sales agreement pursuant to its terms or pursuant to this article, the funds shall be paid to the purchaser together with any interest earned;
(2)
If the purchaser defaults in the performance of such purchaser's obligations under the sales agreement, the funds shall be paid to the developer together with any interest earned; or
(3)
If the funds of a purchaser have not been previously disbursed in accordance with the provisions of this subsection, they may be disbursed to the developer in accordance with this article by the escrow agent upon substantial completion of the time-share project.
(b)
In lieu of any escrows required by subsection (a) of this Code section, the purchasers shall have the discretion to accept in writing other financial assurances including, but not limited to, a performance bond or an irrevocable letter of credit in an amount equal to the cost to complete the time-share project.
(c)
For the purpose of this Code section, "substantially completed" means that all amenities, furnishings, appliances, and structural components and mechanical systems of buildings are completed and provided as represented in the public offering statement and that the premises are ready for occupancy.
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 5 - TIME-SHARE PROJECTS AND PROGRAMS (§§ 44-3-160 — 44-3-207) › Part 3 - DEVELOPERS AND EXCHANGE COMPANIES (§§ 44-3-172 — 44-3-184) › Section 44-3-177 - Exemption from other state laws requiring registration and public offering statements

(a)
Any time-share program registered under this article in which a public offering statement has been prepared shall not require registration under any of the following:
(1)
Article 1 of this chapter;
(2)
Chapter 5 of Title 10; or
(3)
Any other state law which requires the preparation of a public offering statement or substantially similar document for distribution to purchasers.
(b)
Any time-share program registered under this article that fails to restrict the price at which an owner may sell or exchange such owner's time-share interval shall not by virtue of such failure cause the time-share interval to become a security under Chapter 5 of Title 10; nor shall an exchange program offering such a time-share interval for exchange be construed to be offering a security under Chapter 5 of Title 10.
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 5 - TIME-SHARE PROJECTS AND PROGRAMS (§§ 44-3-160 — 44-3-207) › Part 3 - DEVELOPERS AND EXCHANGE COMPANIES (§§ 44-3-172 — 44-3-184) › Section 44-3-178 - Exceptions to public offering statement requirement under this article

(a)
In lieu of the public offering statement required by this article, the developer may give prospective purchasers a public offering statement or similar disclosure document which meets the requirements of the Federal Securities and Exchange Act of 1933 or, if the time-share project is located in another state, a public offering statement or similar disclosure document which that state may require to be prepared and provided to purchasers.
(b)
A public offering statement need not be prepared or delivered in the case of:
(1)
A transfer of a time-share interval by any time-share interval owner or user other than the developer or such developer's agent;
(2)
A disposition pursuant to court order;
(3)
A disposition by a government or governmental agency;
(4)
A disposition by foreclosure or deed in lieu of foreclosure;
(5)
A disposition of a time-share interval in a time-share project situated wholly outside this state, provided that all solicitations and negotiations took place wholly outside this state and the sales agreement was executed wholly outside this state;
(6)
A gratuitous transfer of a time-share interval; or
(7)
Group reservations made for 15 or more people as a single transaction between a hotel and travel agent or travel groups for hotel accommodations when deposits are made and held for more than three years in advance.
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 5 - TIME-SHARE PROJECTS AND PROGRAMS (§§ 44-3-160 — 44-3-207) › Part 3 - DEVELOPERS AND EXCHANGE COMPANIES (§§ 44-3-172 — 44-3-184) › Section 44-3-179 - Updating public offering statement required

The developer shall immediately amend or supplement the public offering statement to report any material change in the information required by Code Section
44-3-172
. As to any exchange program, the developer shall use the current written materials that are supplied to it for distribution to the time-share interval owners as it is received.
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 5 - TIME-SHARE PROJECTS AND PROGRAMS (§§ 44-3-160 — 44-3-207) › Part 3 - DEVELOPERS AND EXCHANGE COMPANIES (§§ 44-3-172 — 44-3-184) › Section 44-3-180 - Purchase of interval is free of liens affecting that interval; exceptions

(a)
Unless the purchaser expressly agrees in the sales agreement to accept such purchaser's interest subject to a lien or by assuming a lien prior to transferring a time-share interval other than by deed in lieu of foreclosure, the developer shall record or furnish to the purchaser releases of all liens affecting that time-share interval or shall provide a surety bond or insurance against the lien, as provided for liens on real estate in this state. In lieu of the foregoing, a lienholder may agree to repurchase in the amount agreed to by the parties but in no event less than the amount actually paid by the purchaser a purchaser's time-share interval in the event the lienholder comes into possession of the time-share project; or the lienholder may agree to allow the continued right of quiet enjoyment to the purchaser.
(b)
Unless a time-share interval owner or such owner's predecessor in title agrees otherwise with the lienor, if a lien other than an underlying mortgage or security deed becomes effective against more than one time-share interval in a time-share project, any time-share interval owner is entitled to a release of such owner's time-share interval from the lien upon payment of the amount of the lien attributable to such owner's time-share interval. The amount of the payment must be proportionate to the ratio that the time-share interval owner's liability bears to the liabilities of all time-share interval owners whose interests are subject to the lien. Upon receipt of payment, the lienholder shall promptly deliver to the time-share interval owner a release of the lien covering that time-share interval. After payment, the managing entity may not assess or have a lien against that time-share interval for any portion of the expenses incurred in connection with that lien.
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 5 - TIME-SHARE PROJECTS AND PROGRAMS (§§ 44-3-160 — 44-3-207) › Part 3 - DEVELOPERS AND EXCHANGE COMPANIES (§§ 44-3-172 — 44-3-184) › Section 44-3-181 - Transfer of developer's entire interest

The developer shall not sell, lease, assign, or otherwise transfer the entire interest of the developer, other than as a transfer of a time-share interval in the normal course of marketing, in the time-share program or the accommodations or facilities to a third party when such a sale, lease, assignment, or other transfer substantially affects the rights of other owners of the time-share units, unless:
(1)
The third party agrees in writing to honor fully the rights of purchasers of the time-share intervals to occupy and use the accommodations or facilities or agrees in writing to purchase the interval in an amount equal to the amount actually paid by the purchaser toward the purchase price of the time-share interval;
(2)
The third party agrees in writing to honor fully the rights of purchasers of the time-share intervals to cancel their sales agreement and receive any refunds due;
(3)
The third party agrees in writing to comply with the provisions of this article for as long as the third party continues to sell the time-share project or for as long as purchasers of the time-share project are entitled to occupy the accommodations or use the facilities, whichever is longer in time; and
(4)
Written notice is given to the association and notice shall be sent by certified mail or statutory overnight delivery within 30 days of the sale, lease, assignment, or other transfer.