09 LC
14 9966
Senate
Bill 103
By:
Senator Hamrick of the 30th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Article 3 of Chapter 3 of Title 44 of the Official Code of Georgia
Annotated, the "Georgia Condominium Act," so as to make provisions for failure
of a declarant to carry out certain duties and provide in such case for transfer
of control to the unit owners; 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 3 of Title 44 of the Official Code of Georgia Annotated, the
"Georgia Condominium Act," is amended by revising Code Section 44-3-76, relating
to compliance with condominium instruments and rules and regulations, as
follows:
"44-3-76.
The
declarant, every
Every
unit
owner,
and all those entitled to occupy a unit shall comply with all lawful provisions
of the condominium instruments.
If the
declarant does not comply with the condominium instruments, the declarant shall
have surrendered control of the condominium assocation and the unit owners shall
be allowed to elect a board to bring the association into compliance with the
condominium instruments. In addition, any
unit owner and all those entitled to occupy a unit shall comply with any
reasonable rules or regulations adopted by the association pursuant to the
condominium instruments which have been provided to the unit owners and with the
lawful provisions of bylaws of the association. Any lack of such compliance
shall be grounds for an action to recover sums due, for damages or injunctive
relief, or for any other remedy available at law or in equity, maintainable by
the association or, in any proper case, by one or more aggrieved unit owners, on
their own behalf or as a class action. If and to the extent provided in the
condominium instruments, the association shall be empowered to impose and assess
fines, and suspend temporarily voting rights and the right of use of certain of
the common elements in order to enforce such compliance; provided, however, that
no such suspension shall deny any unit owner or occupants access to the unit
owned or occupied nor cause any hazardous or unsanitary condition to exist. If
the voting right of a unit owner has been suspended, then to the extent provided
in the condominium instruments, that unit owner's vote shall not count for
purposes of establishing a quorum or taking any action which requires a vote of
the owners under this article or the condominium instruments. Notwithstanding
any other provision of this Code section, to the extent provided in the
condominium instruments, water, gas, electricity, heat, and air conditioning
services being provided to a unit or unit owner by the association may be
terminated for failure to pay assessments and other amounts due pursuant to
subsection (a) of Code Section 44-3-109, subject to the suspension standards and
notice requirements imposed on the institutional providers providing such
services to the condominium development, only after a final judgment or final
judgments in excess of a total of $750.00 are obtained in favor of the
association from a court of competent jurisdiction. The utility services shall
not be required to be restored until the judgment or judgments and any
reasonable utility provider charges or other reasonable costs incurred in
suspending and restoring such services are paid in full. All common expenses for
termination and restoration of any services pursuant to this Code section shall
be an assessment and a lien against the unit."
SECTION
2.
Said
article is further amended in Code Section 44-3-101, relating to control of the
condominium association by declarant and loss of control, by revising paragraphs
(3) and (4) of subsection (a) and adding a new paragraph (5) of subsection (a)
as follows:
"(3)
The expiration of seven years after the recording of the declaration in the case
of an expandable condominium or the expiration of three years after the
recording of the declaration in the case of any other type of condominium;
or
(4)
The surrender by the declarant of the authority to appoint and remove members of
the board of directors and officers of the association by an express amendment
to the declaration which is executed and recorded by the
declarant;
or
(5)
The failure of the declarant to appoint the board or to enforce any provision of
this article."
SECTION
3.
Said
article is further amended by revising Code Section 44-3-102, relating to
association meetings, as follows:
"44-3-102.
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.
If the
delarant fails to call the initial annual meeting or any other annual meeting
while the declarant is in control, the declarant shall have surrendered control
to the unit owners; and the unit owners shall call the meeting and elect a
board. 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 'Georgia Electronic Records and Signatures 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."
SECTION
4.
All
laws and parts of laws in conflict with this Act are repealed.