Georgia CommonsHB 1222: Property; regulation of specialized land transactions; provide issuance of statements of accounts
Comm Sub version, the latest LegiScan holds · Last action February 18, 2026 · Introduced
The text as LegiScan holds it, read from the PDF the legislature publishes with its margin line numbers, running heads, and page footers removed. Line breaks are joined into paragraphs here; no word is changed.
Underlined words are what the bill adds to current law and struck-through words are what it removes, as the printed bill shows them.
The House Committee on Regulated Industries offers the following substitute to HB 1222:
A BILL TO BE ENTITLED
AN ACT
To amend Chapter 3 of Title 44 of the Official Code of Georgia Annotated, relating to regulation of specialized land transactions, so as to provide for the issuance of statements of accounts; to provide for information required in and the manner of requesting and providing such statements; to provide for the effect of failure to furnish such statements as required; to amend Code Section 44-14-15 of the Official Code of Georgia Annotated, relating to fee for a future conveyance and limited circumstances relative to property, so as to provide for a cross-reference; to provide for a definition; to provide for related matters; to provide for applicability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Chapter 3 of Title 44 of the Official Code of Georgia Annotated, relating to regulation of specialized land transactions, is amended in Article 3, the "Georgia Condominium Act," by revising subsection (e) of Code Section 44-3-80, relating to allocation of and liability for common expenses and how assessments made, as follows:
"(e) Unless otherwise provided in the condominium instruments and except as provided in subsection (f) of this Code section, the grantee in a conveyance of a condominium unit shall be jointly and severally liable with the grantor thereof for all unpaid assessments against the latter up to the time of the conveyance without prejudice to the grantee's right to recover from the grantor the amounts paid by the grantee therefor; provided, however, that, if the grantor or grantee shall request a statement from the association as provided in Code Section 44-3-109 44-3-109.1, such grantee and his or her successors, successors-in-title, and assigns shall not be liable for nor shall the condominium unit conveyed be subject to a lien for any unpaid assessments against such grantor in excess of any amount set forth in the statement."
SECTION 2.
Said chapter is further amended in said article by revising subsections (d) and (e) of Code Section 44-3-109, relating to lien for assessments, personal obligation of unit owner, notice and foreclosure, lapse, right to statement of assessments, and effect to failure to furnish statement, as follows:
"(d) Any unit owner, mortgagee of a unit, person having executed a contract for the purchase of a condominium unit, or lender considering the loan of funds to be secured by a condominium unit shall be entitled upon request to a statement from the association or its management agent setting forth the amount of assessments past due and unpaid together with late charges and interest applicable thereto against that condominium unit. Such request shall be in writing, shall be delivered to the registered office of the association, and shall state an address to which the statement is to be directed. Failure on the part of the association to mail or otherwise furnish such statement regarding amounts due and payable at the expiration of such five-day period with respect to the condominium unit involved to such address as may be specified in the written request therefor within five business days from the receipt of such request shall cause the lien for assessments created by this Code section to be extinguished and of no further force or effect as to the title or interest acquired by the purchaser or lender, if any, as the case may be, and their respective successors and assigns, in the transaction contemplated in connection with such request. The information specified in such statement shall be binding upon the association and upon every unit owner. Payment of a fee not exceeding $10.00 may be required as a prerequisite to the issuance of such a statement if the condominium instruments so provided. (e) Nothing in this Code section shall be construed to prohibit actions maintainable pursuant to Code Section 44-3-76 to recover sums for which subsection (a) of this Code section creates a lien."
SECTION 3.
Said chapter is further amended in said article by adding a new Code section to read as follows:
"44-3-109.1.
(a) Within ten business days after receiving a written or electronic request for a statement of account from a unit owner or the unit owner's designee, a mortgage lender, or a mortgagee of a lot or the designee of such mortgagee of a lot, the association shall issue a statement of account as provided for in this Code section. A request for a statement of account shall be considered received at the time it is sent if transmitted by electronic means or by hand delivery, within three days if transmitted by first-class mail, and upon delivery if transmitted by statutory overnight delivery.
(b) Each association shall designate on its public website or otherwise publish the name of a person or entity with a street or email address for receipt of a request for a statement of account. A statement of account may be prepared and issued by an officer, authorized agent, or authorized representative of the association, including any authorized agent, authorized representative, or employee of a management company authorized to complete the statement of account on behalf of the board or association. The statement of account shall be provided by email, electronic download, hand delivery, first-class mail, or statutory overnight delivery to the requester on the date of its issuance.
(c) A statement of account as provided for in this Code section shall contain all of the following information regarding the property for which the transaction is to occur:
(1) Date of issuance;
(2) Name of the unit owner or owners as reflected in the books and records of the association;
(3) Unit designation and address;
(4) Assigned parking or garage space number, as reflected in the books and records of the association, as applicable;
(5) Attorney's name and contact information if the account is delinquent and has been turned over to an attorney for collection;
(6) Name of the requester;
(7) Assessment information and other information:
(A) The amount of the regular periodic assessment levied against the unit and the frequency of such assessment;
(B) The date through which the regular periodic assessments have been paid;
(C) The due date for the next installment of the regular periodic assessment and the amount due;
(D) An itemized list of all assessments, special assessments, and other moneys owed to the association for the unit as of the date of issuance of the statement of account; and
(E) An itemized list of any additional assessments, special assessments, and other moneys that are scheduled to become due for each day after the date of issuance for the effective period of the statement of account. In calculating the amounts that are scheduled to become due, the association may assume that any delinquent amounts will remain delinquent during the effective period of the statement of account; and
(8) Additional information:
(A) Any open violation of any rule or regulation notice to the unit owner in the association's official records;
(B) A list of and contact information for all other associations of which the unit owner is a member by virtue of ownership of the unit;
(C) A copy of the current covenants and bylaws of the association and a copy of the rules and regulations adopted by the association;
(D) A copy of the association's certificate of insurance for any insurance provided by the association for the lot or the name, address, email address, and telephone number of the association's insurance provider of any such insurance; and
(E) The signature of an officer or authorized agent of the association.
(d) A statement of account issued pursuant to this Code section shall have a 30 day effective period. If additional information is needed or a mistake related to the statement of account becomes known to the association or its authorized agent within the effective period, an amended statement of account may be delivered and become effective if a sale or refinancing of the unit has not been completed during such effective period. An amended statement of account shall be delivered on the date of issuance and a new 30 day effective period shall begin on such date.
(e) An association waives the right to collect any moneys owed in excess of the amounts specified in the statement of account from any person and such person's successors or assigns who in good faith rely upon such statement of account.
(f) If the association or its authorized agent fails to disclose in the statement of account the correct amount of an assessment, a special assessment, or other moneys owed to the association, the purchaser of the unit shall not be obligated to pay the incorrectly disclosed amount and any lien for the incorrectly disclosed amount owed to the association shall be extinguished.
(g)(1) An association's authorized agent may charge the association a reasonable fee for the preparation and issuance of a statement of account which shall not exceed $250.00.
(2) If a statement of account is requested on an expedited basis and issued within three business days after the request, the association's authorized agent may charge the association an additional fee of $50.00.
(3) Neither the association nor its authorized agent shall charge the requester of a statement of account pursuant to this Code section any fees associated with the preparation and issuance of the statement of account as provided for in this Code section."
SECTION 4.
Said chapter is further amended in Article 6, the "Georgia Property Owners' Association Act," by revising subsection (c) of Code Section 44-3-225, relating to assessment of expenses, exemption from liability, and liability for unpaid assessments, as follows: "(c) Unless otherwise provided in the instrument and except as provided in subsection (d) of this Code section, the grantee in a conveyance of a lot shall be jointly and severally liable with the grantor thereof for all unpaid assessments against the latter up to the time of the conveyance without prejudice to the grantee's right to recover from the grantor the amounts paid by the grantee; provided, however, that, if the grantor or grantee shall request a statement from the association as provided in subsection (d) of Code Section 44-3-232 Code Section 44-3-232.2, such grantee and his or her successors, successors-in-title, and assigns shall not be liable for nor shall the property owners' association lot conveyed be subject to a lien for any unpaid assessments against such grantor in excess of any amount set forth in the statement."
SECTION 5.
Said chapter is further amended in said article by revising Code Section 44-3-232, relating to assessments against lot owners as constituting lien in favor of association, additional charges against lot owners, procedure for foreclosing lien, and obligation to provide statement of amounts due, as follows:
"(d) Any lot owner, mortgagee of a lot, person having executed a contract for the purchase of a lot, or lender considering the loan of funds to be secured by a lot shall be entitled upon request to a statement from the association or its management agent setting forth the amount of assessments past due and unpaid together with late charges and interest applicable thereto against that lot. Such request shall be in writing, shall be delivered to the registered office of the association, and shall state an address to which the statement is to be directed. Failure on the part of the association, within five business days from the receipt of such request, to mail or otherwise furnish such statement regarding amounts due and payable at the expiration of such five-day period with respect to the lot involved to such address as may be specified in the written request therefor shall cause the lien for assessments created by this Code section to be extinguished and of no further force or effect as to the title or interest acquired by the purchaser or lender, if any, as the case may be, and their respective successors and assigns, in the transaction contemplated in connection with such request. The information specified in such statement shall be binding upon the association and upon every lot owner. Payment of a fee not exceeding $10.00 may be required as a prerequisite to the issuance of such a statement if the instrument so provides.
(e) Nothing in this Code section shall be construed to prohibit actions maintainable pursuant to Code Section 44-3-223 to recover sums for which subsection (a) of this Code section creates a lien."
SECTION 6.
Said chapter is further amended in said article by adding a new Code section to read as follows:
"44-3-232.2.
(a) Within ten business days after receiving a written or electronic request for a statement of account from a lot owner or the lot owner's designee, a mortgage lender, or a mortgagee of a lot or the designee of such mortgagee of a lot, the association shall issue a statement of account as provided for in this Code section. A request for a statement of account shall be considered received at the time it is sent if transmitted by electronic means or by hand delivery, within three days if transmitted by first-class mail, and upon delivery if transmitted by statutory overnight delivery.
(b) Each association shall designate on its public website or otherwise publish the name of a person or entity with a street or email address for receipt of a request for a statement of account. A statement of account may be prepared and issued by an officer, authorized agent, or authorized representative of the association, including any authorized agent, authorized representative, or employee of a management company authorized to complete the statement of account on behalf of the board or association. The statement of account shall be provided by email, electronic download, hand delivery, first-class mail, or statutory overnight delivery to the requester on the date of its issuance.
(c) A statement of account as provided for in this Code section shall contain all of the following information regarding the property for which the transaction is to occur:
(1) Date of issuance;
(2) Name of the lot owner or owners as reflected in the books and records of the association;
(3) Lot designation and address;
(4) Assigned parking or garage space number, as reflected in the books and records of the association, as applicable;
(5) Attorney's name and contact information if the account is delinquent and has been turned over to an attorney for collection;
(6) Name of the requester;
(7) Assessment information and other information:
(A) The amount of the regular periodic assessment levied against the lot and the frequency of such assessment;
(B) The date through which the regular periodic assessments have been paid;
(C) The due date for the next installment of the regular periodic assessment and the amount due;
(D) An itemized list of all assessments, special assessments, and other moneys owed to the association for the lot as of the date of issuance of the statement of account; and
(E) An itemized list of any additional assessments, special assessments, and other moneys that are scheduled to become due for each day after the date of issuance for the effective period of the statement of account. In calculating the amounts that are scheduled to become due, the association may assume that any delinquent amounts will remain delinquent during the effective period of the statement of account; and
(8) Additional information:
(A) Any open violation of any rule or regulation notice to the lot owner in the association's official records;
(B) A list of and contact information for all other associations of which the lot owner is a member by virtue of ownership of the lot;
(C) A copy of the current covenants and bylaws of the association and a copy of the rules and regulations adopted by the association;
(D) A copy of the association's certificate of insurance for any insurance provided by the association for the lot or the name, address, email address, and telephone number of the association's insurance provider of any such insurance; and
(E) The signature of an officer or authorized agent of the association.
(d) A statement of account issued pursuant to this Code section shall have a 30 day effective period. If additional information is needed or a mistake related to the statement of account becomes known to the association or its authorized agent within the effective period, an amended statement of account may be delivered and become effective if a sale or refinancing of the lot has not been completed during such effective period. An amended statement of account shall be delivered on the date of issuance and a new 30 day effective period shall begin on such date.
(e) An association waives the right to collect any moneys owed in excess of the amounts specified in the statement of account from any person and such person's successors or assigns who in good faith rely upon such statement of account.
(f) If the association or its authorized agent fails to disclose in the statement of account the correct amount of an assessment, a special assessment, or other moneys owed to the association, the purchaser of the lot shall not be obligated to pay the incorrectly disclosed amount and any lien for the incorrectly disclosed amount owed to the association shall be extinguished.
(g)(1) An association's authorized agent may charge the association a reasonable fee for the preparation and issuance of a statement of account which shall not exceed $250.00.
(2) If a statement of account is requested on an expedited basis and issued within three business days after the request, the association's authorized agent may charge the association an additional fee of $50.00.
(3) Neither the association nor its authorized agent shall charge the requester of a statement of account pursuant to this Code section any fees associated with the preparation and issuance of the statement of account as provided for in this Code section."
SECTION 7.
Said chapter is further amended in Article 7, relating to developer management of certain associations, by adding a new Code Section to read as follows:
"44-3-251.
(a)(1) As used in this Code section, the term 'association' means a corporation or voluntary entity formed for the purpose of exercising the powers of a homeowners' association or property owners' association governing a common interest community that is not subject to Article 3 or 6 of this chapter.
(2) This Code section shall apply to a common interest community subject to covenants restricting land to certain uses affecting planned subdivisions containing no fewer than 15 individual lots and requiring mandatory assessment payments to an association governing such subdivision, which subdivision is not subject to Article 3 or 6 of this chapter.
(b) Within ten business days after receiving a written or electronic request for a statement of account from a lot owner or the lot owner's designee, a mortgage lender, or a mortgagee of a lot or the designee of such mortgagee of a lot, the association shall issue a statement of account as provided for in this Code section. A request for a statement of account shall be considered received at the time it is sent if transmitted by electronic means or by hand delivery, within three days if transmitted by first-class mail, and upon delivery if transmitted by statutory overnight delivery.
(c) Each association shall designate on its public website or otherwise publish the name of a person or entity with a street or email address for receipt of a request for a statement of account. A statement of account may be prepared and issued by an officer, authorized agent, or authorized representative of the association, including any authorized agent, authorized representative, or employee of a management company authorized to complete the statement of account on behalf of the board or association. The statement of account shall be provided by email, electronic download, hand delivery, first-class mail, or statutory overnight delivery to the requester on the date of its issuance.
(d) A statement of account as provided for in this Code section shall contain all of the following information regarding the property for which the transaction is to occur:
(1) Date of issuance;
(2) Name of the lot owner or owners as reflected in the books and records of the association;
(3) Lot designation and address;
(4) Assigned parking or garage space number, as reflected in the books and records of the association, as applicable;
(5) Attorney's name and contact information if the account is delinquent and has been turned over to an attorney for collection;
(6) Name of the requester;
(7) Assessment information and other information:
(A) The amount of the regular periodic assessment levied against the lot and the frequency of such assessment;
(B) The date through which the regular periodic assessments have been paid;
(C) The due date for the next installment of the regular periodic assessment and the amount due;
(D) An itemized list of all assessments, special assessments, and other moneys owed to the association for the lot as of the date of issuance of the statement of account; and
(E) An itemized list of any additional assessments, special assessments, and other moneys that are scheduled to become due for each day after the date of issuance for the effective period of the statement of account. In calculating the amounts that are scheduled to become due, the association may assume that any delinquent amounts will remain delinquent during the effective period of the statement of account; and
(8) Additional information:
(A) Any open violation of any rule or regulation notice to the lot owner in the association's official records;
(B) A list of and contact information for all other associations of which the lot owner is a member by virtue of ownership of the lot;
(C) A copy of the current covenants and bylaws of the association and a copy of the rules and regulations adopted by the association;
(D) A copy of the association's certificate of insurance for any insurance provided by the association for the lot or the name, address, email address, and telephone number of the association's insurance provider of any such insurance; and
(E) The signature of an officer or authorized agent of the association.
(d) A statement of account issued pursuant to this Code section shall have a 30 day effective period. If additional information is needed or a mistake related to the statement of account becomes known to the association or its authorized agent within the effective period, an amended statement of account may be delivered and become effective if a sale or refinancing of the lot has not been completed during such effective period. An amended statement of account shall be delivered on the date of issuance and a new 30 day effective period shall begin on such date.
(e) An association waives the right to collect any moneys owed in excess of the amounts specified in the statement of account from any person and such person's successors or assigns who in good faith rely upon such statement of account.
(f) If the association or its authorized agent fails to disclose in the statement of account the correct amount of an assessment, a special assessment, or other moneys owed to the association, the purchaser of the lot shall not be obligated to pay the incorrectly disclosed amount and any lien for the incorrectly disclosed amount owed to the association shall be extinguished.
(g)(1) An association's authorized agent may charge the association a reasonable fee for the preparation and issuance of a statement of account which shall not exceed $250.00.
(2) If a statement of account is requested on an expedited basis and issued within three business days after the request, the association's authorized agent may charge the association an additional fee of $50.00.
(3) Neither the association nor its authorized agent shall charge the requester of a statement of account pursuant to this Code section any fees associated with the preparation and issuance of the statement of account as provided for in this Code section."
SECTION 8.
Code Section 44-14-15 of the Official Code of Georgia Annotated, relating to fee for a future conveyance and limited circumstances relative to property, is amended by revising paragraph (3) of subsection (c) as follows:
"(3) A property owners' association formed for the purposes of exercising the powers of an association of property owners that has not been formed pursuant to or which has not adopted the provisions of Article 6 of Chapter 3 of this title, the 'Georgia Property Owners' Association Act,' provided that such association shall comply with subsection
(d) of Code Section 44-3-232 44-3-232.2;"
SECTION 9.
This Act shall not apply to contracts entered into prior to July 1, 2026, before the expiration or first renewal of such contract.
SECTION 10.
All laws and parts of laws in conflict with this Act are repealed.