07 LC
14 9540
Senate
Bill 217
By:
Senators Thompson of the 5th, Shafer of the 48th, Weber of the 40th and Stoner
of the 6th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Article 6 of Chapter 3 of Title 44 of the Official Code of Georgia
Annotated, relating to property owners´ associations, so as to provide that
certain property owners´ associations and similar organizations shall have
standing as a party to bring a legal action to enforce certain covenants; to
provide for related matters; to provide an effective date; to repeal conflicting
laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Article
6 of Chapter 3 of Title 44 of the Official Code of Georgia Annotated, relating
to property owners´ associations, is amended by designating the existing
text of the article as Part 1 and adding a new Part 2 to read as
follows:
"Part
2
44-3-250.
As
used in this part, the term 'homeowners´ association' includes but is not
limited to a property owners´ association subject to Part 1 of this
article. The term also includes any homeowners´ association, community
association, or other similar organization which has as one of its principal
purposes the preservation or promotion of its member homeowners´ enjoyment
of their property in any residential neighborhood or community. The term shall
include any such organization without regard to whether it consists of a
corporation, an association, or some other form of organization. The term shall
include any such organization without regard to whether membership in the
organization is voluntary or mandatory and without regard to the number of
eligible homeowners who are members.
44-3-251.
(a)
Any homeowners´ association shall have legal standing as a party to bring
or intervene in a legal action to enforce any covenant where a violation of the
covenant diminishes one or more member homeowners´ enjoyment of their
property. The covenant in question may be one running with a member´s
property or one running with nearby property not that of a member. The
homeowners´ association shall have standing to bring suit on behalf of its
members for this purpose when:
(1)
One or more of its members would otherwise have standing to sue in their own
right;
(2)
The interests it seeks to protect are germane to the homeowners´
association´s purpose; and
(3)(A)
Neither the claim asserted nor the relief requested requires the participation
as parties of individual members; or
(B)
Any individual member whose participation is required joins as a
party.
(b)
The final disposition of an action subject to this Code section shall be res
judicata with respect to the members of the association as well as the
association.
44-3-252.
Where
there exists a property owners´ association subject to Part 1 of this
article for a particular development, no other homeowners´ association may
act under this part with respect to the enforcement of covenants running with
land within that development."
SECTION
2.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.