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03 LC 14 8183
House Bill
389
By: Representatives Buckner of the 82nd, Dodson of the 84th, Post 1, Fludd of the 48th, Post 4, Mosby of the 59th, Post 3, Barnes of the 84th, Post 2, and others
By: Representatives Buckner of the 82nd, Dodson of the 84th, Post 1, Fludd of the 48th, Post 4, Mosby of the 59th, Post 3, Barnes of the 84th, Post 2, and others
A BILL TO BE
ENTITLED
AN ACT
AN ACT
To amend Article 3 of Chapter 5 of Title 44 of the Official
Code of Georgia Annotated, relating to covenants and warranties affecting real
property, so as to provide that with respect to newly established residential
subdivisions subject to restrictive covenants, all lots in the subdivision shall
be subject to the same covenants; to provide for related matters; to repeal
conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
SECTION 1.
Article 3 of Chapter 5 of Title 44 of the Official Code of
Georgia Annotated, relating to covenants and warranties affecting real property,
is amended by adding a new Code Section 44-5-60.1 to read as
follows:
"44-5-60.1.
(a) On and after July 1, 2003, the requirements of this Code section shall apply when:
(1) The owner of a tract of real property subdivides or has subdivided such tract for purposes of residential development; and
(2) Any restrictive covenants apply or are to apply to any of the lots in such subdivision.
(b) The restrictive covenants applied to each lot in the subdivision shall be identical; and such covenants shall apply to all lots sold as well as to any lots remaining under the ownership of the subdividing owner or any successor in interest to the subdividing owner.
(c) The requirements of this Code section shall not apply with respect to any subdivision in which one or more individual lots have been sold prior to July 1, 2003.
(d) This Code section shall not prohibit the owner of a tract of property from establishing two or more separate subdivisions of such land. In such case, each separate subdivision so established shall be subject to this Code section; but this Code section shall not require identity of covenants between the two subdivisions.
"44-5-60.1.
(a) On and after July 1, 2003, the requirements of this Code section shall apply when:
(1) The owner of a tract of real property subdivides or has subdivided such tract for purposes of residential development; and
(2) Any restrictive covenants apply or are to apply to any of the lots in such subdivision.
(b) The restrictive covenants applied to each lot in the subdivision shall be identical; and such covenants shall apply to all lots sold as well as to any lots remaining under the ownership of the subdividing owner or any successor in interest to the subdividing owner.
(c) The requirements of this Code section shall not apply with respect to any subdivision in which one or more individual lots have been sold prior to July 1, 2003.
(d) This Code section shall not prohibit the owner of a tract of property from establishing two or more separate subdivisions of such land. In such case, each separate subdivision so established shall be subject to this Code section; but this Code section shall not require identity of covenants between the two subdivisions.
(e) For any subdivision subject to this Code section, the
restrictive covenants shall refer to a single recorded plat showing the entire
subdivision subject to this Code section and each lot thereof; and a copy of
such plat shall be provided to the purchaser prior to the execution of a sales
contract or sale."
SECTION 2.
All laws and parts of laws in conflict with this Act are
repealed.