House Bill 190
By: Representatives Lim of the 98th, Davis of the 87th, and Lupton of the 83rd
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 prohibit condominium associations and
property owners' associations from retaliating against property owners for taking certain
actions; to provide for circumstances that are not considered retaliation; to provide
definitions; to provide for remedies; to provide for a defense; to provide for related matters;
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, relating to condominiums, by adding
a new Code section to read as follows:
<ins>"44-3-118.
(a) As used in this Code section, the term:
(1) 'Permissible action' means any of the following actions taken by a unit owner in
relation to his or her association:
</ins>
<ins>(A) In good faith exercising against the association any legal right or remedy granted
to such unit owner by contract or law;
(B) In good faith filing a complaint or report or participating in the investigation of a
complaint or report with a court or governmental entity regarding the association;
(C) Providing feedback or input on or otherwise communicating about an association
matter; or
(D) Establishing, attempting to establish, or participating in an organization or a group,
however organized, to address problems related to the association.
(2) 'Retaliatory action' means any of the following actions taken against a unit owner by
an association, its board, or any person acting on behalf of the association:
(A) Filing an action to recover sums due, for damages, or for injunctive relief under
Code Section 44-3-76 or 44-3-106, or for foreclosure on a lien for assessments under
Code Section 44-3-109; in either case, under circumstances where an enforcement
action could have, but had not, been pursued previously;
(B) Depriving the unit owner of the use of his or her unit or any common elements,
except for reasons authorized by contract or law;
(C) Reducing or suspending services to the unit owner, except as provided in paragraph
(1) of subsection (c) of this Code section;
(D) Increasing the unit owner's assessment fees, except as provided in paragraph (1)
of subsection (c) of this Code section; or
(E) Materially interfering with the unit owner's rights under any condominium
instruments or any rules and regulations adopted by the association pursuant to the
condominium instruments.
(b) A unit owner establishes a prima-facie case of retaliation by demonstrating that:
(1) He or she took a permissible action relating to a life, health, safety, or habitability
concern; and
</ins>
<ins>(2) The association took a retaliatory action within three months of such permissible
action.
(c) An association shall not be liable under this Code section:
(1) For lawfully increasing assessment fees or reducing or suspending services:
(A) Under any written agreement between the association and the unit owner; or
(B) As part of a pattern of increases in assessment fees or a pattern of service
reductions or suspensions for the entire condominium; or
(2) For lawfully taking an action described in subparagraph (a)(2)(A) of this Code
section under circumstances where an enforcement action could have, but had not, been
pursued previously.
(d) In addition to any other remedies provided for by law, if an association engages in
retaliatory action against a unit owner in accordance with this Code section, such
retaliatory action shall be a defense for the unit owner to an action for foreclosure on a lien
for assessments filed by the association or its board. In such cases, the unit owner may
recover from the association a civil penalty in the amount of one month's assessment fees
plus $500.00, court costs, and reasonable attorney's fees, less any delinquent assessment
fees or other sums for which the unit owner is liable to the association, and declaratory
relief."
</ins> SECTION 2.
Said chapter is further amended in Article 6, relating to property owners' associations, by
adding a new Code section to read as follows:
<ins>"44-3-232.2.
(a) As used in this Code section, the term:
(1) 'Permissible action' means any of the following actions taken by a lot owner in
relation to his or her association:
</ins>
<ins>(A) In good faith exercising against the association any legal right or remedy granted
to such lot owner by contract or law;
(B) In good faith filing a complaint or report or participating in the investigation of a
complaint or report with a court or governmental entity regarding the association;
(C) Providing feedback or input on or otherwise communicating about an association
matter; or
(D) Establishing, attempting to establish, or participating in an organization or group,
however organized, to address problems related to the association.
(2) 'Retaliatory action' means any of the following actions taken against a lot owner by
an association, its board, or any person acting on behalf of the association:
(A) Filing an action to recover sums due, for damages, or for injunctive relief under
Code Section 44-3-223 or 44-3-231, or for foreclosure on a lien for assessments under
Code Section 44-3-232; in either case, under circumstances where an enforcement
action could have, but had not, been pursued previously;
(B) Depriving the lot owner of the use of his or her lot or any part thereof, except for
reasons authorized by contract or law;
(C) Reducing or suspending services to the lot owner, except as provided in paragraph
(1) of subsection (c) of this Code section;
(D) Increasing the lot owner's assessment fees, except as provided in paragraph (1) of
subsection (c) of this Code section; or
(E) Materially interfering with the lot owner's rights under any property owners'
association instrument or any rules and regulations adopted by the association pursuant
to the property owners' association instrument.
(b) A lot owner establishes a prima-facie case of retaliation by demonstrating that:
(1) He or she took a permissible action relating to a life, health, safety, or habitability
concern; and
</ins>
<ins>(2) The association took a retaliatory action within three months of such permissible
action.
(c) An association shall not be liable under this Code section:
(1) For lawfully increasing assessment fees or reducing or suspending services:
(A) Under any written agreement between the association and the lot owner; or
(B) As part of a pattern of increases in assessment fees or a pattern of service
reductions or suspensions for the entire development; or
(2) For lawfully taking an action described in subparagraph (a)(2)(A) of this Code
section under circumstances where an enforcement action could have, but had not, been
pursued previously.
(d) In addition to any other remedies provided for by law, if an association engages in
retaliatory action against a lot owner in accordance with this Code section, such retaliatory
action shall be a defense for the lot owner to an action for foreclosure on a lien for
assessments filed by the association or its board. In such cases, the lot owner may recover
from the association a civil penalty in the amount of one month's assessment fees plus
$500.00, court costs, and reasonable attorney's fees, less any delinquent assessment fees
or other sums for which the lot owner is liable to the association, and declaratory relief."
</ins> SECTION 3.
All laws and parts of laws in conflict with this Act are repealed.