HR 1046: Property; common interest ownership structure; provisions - CA

Right now, Georgia courts generally require a person suing over unauthorized possession of real estate, such as a squatter situation, to have a direct ownership interest in that specific property. This resolution proposes a constitutional amendment giving Georgia's courts explicit power to hear a different kind of case: when someone who owns property within a condominium, subdivision, or similar shared ownership community sues to stop unauthorized possession of residential property elsewhere in that same community, even if they do not own the property in question. The amendment adds this new category of standing to Article VI, Section I of the Georgia Constitution, which defines judicial power. It specifies the change applies only to this narrow situation and does not otherwise change legal rules about who can sue in other contexts. As a resolution proposing a constitutional change, it must be approved by Georgia voters in a statewide referendum before taking effect, with the ballot language spelled out in Section 2.

• Adds a new provision to Article VI, Section I of the Georgia Constitution letting courts hear cases from co-owners in a shared community over unauthorized possession of other property in that community.
• Requires the person suing to hold an interest in some property within the same condominium, subdivision, or common ownership structure as the property in dispute.
• Limits the new standing rule so it does not affect or expand standing rules in any other type of legal case.
• Sends the proposed constitutional amendment to Georgia voters for ratification or rejection in a statewide vote, with specific ballot wording included in the resolution.

Owners of units or lots in condominiums, homeowners' associations, and similar shared ownership communities in Georgia, as well as anyone occupying property within those communities without authorization, such as squatters. Georgia's courts and voters, who must approve the amendment, are also directly involved.

If approved by voters, neighbors in a condo or HOA could go to court to remove someone unlawfully occupying another home in their community, even without owning that specific unit. This could speed up resolution of squatter or unauthorized occupancy disputes that currently might stall if the actual owner does not or cannot pursue legal action.

• Section 1 revises Paragraph I of Article VI, Section I of the Georgia Constitution, adding new subsection (b) on judicial power over unauthorized possession disputes in shared ownership communities.
• New subsection (b) requires the suing party to hold an interest in property within the same condominium, property owners' development, or common interest ownership structure as the disputed property.
• New subsection (b) states the provision does not apply to or alter any other judicial interpretation of standing in unrelated cases.
• Section 2 sets the exact ballot question voters will see and specifies that ratification requires the process laid out in Article X, Section I, Paragraph II of the Georgia Constitution.

1. 2026-03-06House Committee Favorably Reported (House)
2. 2026-01-29House Second Readers (House)
3. 2026-01-28House First Readers (House)
4. 2026-01-27House Hopper (House)

• Dar'shun Kendrick (D, HD-095)Primary sponsor
• Robert Flournoy (D, HD-074)

• property law
• condominium and HOA disputes
• squatters and unauthorized possession
• constitutional amendment
• Georgia courts