---
title: HR 1046. Property; common interest ownership structure; provisions - CA
collection: bills
id: 2025-2026/hr1046
cite_as: HR 1046, 2025-2026 Regular Session (Ga.)
canonical_url: https://georgiacommons.org/bills/2025-2026/hr1046
md_url: https://georgiacommons.org/bills/2025-2026/hr1046.md
text_url: https://georgiacommons.org/bills/2025-2026/hr1046/text
source_url: https://www.legis.ga.gov/legislation/72348
date: 2026-03-06
status: introduced
corpus_version: bills-2026-09-13
license: Public record of the Georgia General Assembly, via LegiScan; see about.md
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
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omitted: votes and history
omitted_chars: 185
omitted_url: https://georgiacommons.org/bills/2025-2026/hr1046.md?full=1
bill_number: HR 1046
session: 2025-2026 Regular Session
session_slug: 2025-2026
chamber: House
bill_type: resolution
status_date: 2026-01-27
last_action: House Committee Favorably Reported
sponsors:
- Dar'shun Kendrick
- Robert Flournoy
text_version: Introduced
has_text: true
legiscan_url: https://legiscan.com/GA/bill/HR1046/2025
upstream_id: 2095250
summaries_model: claude-sonnet-5
topic_tags:
- property law
- condominium and HOA disputes
- squatters and unauthorized possession
- constitutional amendment
- Georgia courts
---
# HR 1046. Property; common interest ownership structure; provisions - CA
## Text
House Resolution 1046
By: Representatives Kendrick of the 95th and Flournoy of the 74th
A RESOLUTION
Proposing an amendment to the Constitution so as to provide that any property owner in a
condominium, property owners' development, or similar common interest ownership
structure shall have standing to bring an action to challenge the unauthorized possession of
other property located within the same condominium, property owners' development, or other
common ownership interest structure; to provide for related matters; to provide for the
submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article VI, Section I of the Constitution is amended by revising Paragraph I as follows:
"Paragraph I. Judicial power of the state. (a) The judicial power of the state shall be
vested exclusively in the following classes of courts: magistrate courts, probate courts,
juvenile courts, state courts, superior courts, state-wide business court, Georgia Tax Court,
Court of Appeals, and Supreme Court. Nothing in this paragraph shall preclude a superior
court from creating a business court division for its circuit in a manner provided by law.
Magistrate courts, probate courts, juvenile courts, and state courts shall be courts of limited
jurisdiction. In addition, the General Assembly may establish or authorize the
establishment of municipal courts and may authorize administrative agencies to exercise
quasi-judicial powers. Municipal courts shall have jurisdiction over ordinance violations
and such other jurisdiction as provided by law. Except as provided in this Paragraph and
in Section X, municipal courts, county recorder's courts, and civil courts in existence on
June 30, 1983, and administrative agencies shall not be subject to the provisions of this
article. The General Assembly shall have the authority to confer 'by law' jurisdiction upon
municipal courts to try state offenses.
(b) The judicial power of the state shall extend to all cases in which a third party brings
an action to enjoin the unauthorized possession of residential real property located within
a condominium, property owners' development, or similar common interest ownership
structure, provided that such third party holds an interest in other real property located
within the same condominium, property owners' development, or other common interest
ownership structure. In no event shall this provision apply to any other judicial
interpretation of standing."
SECTION 2.
The above proposed amendment to the Constitution shall be published and submitted as
provided in Article X, Section I, Paragraph II of the Constitution. The ballot submitting the
above proposed amendment shall have written or printed thereon the following:
"( ) YES Shall the Constitution of Georgia be amended so as to provide that any
property owner in a condominium, property owners' development, or similar
( ) NO common interest ownership structure shall have standing to bring an action
to challenge the unauthorized possession of other residential property
located within the same condominium, property owners' development, or
other common interest ownership structure?"
All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes."
All persons desiring to vote against ratifying the proposed amendment shall vote "No." If
such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall
become a part of the Constitution of this state.
## Summaries written by Georgia Commons
The following was written by claude-sonnet-5 from the text above and is not part of the resolution. Quote the text, not the summary.
A Georgia House resolution would amend the state constitution to let condo or homeowners' association members sue to remove someone illegally occupying another unit or home in their same development, even if they don't own that property themselves.
### Plain-language summary
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.
### What it does
- 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.
### Who it affects
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.
### Why it matters
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.
### Key provisions
- 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.
## Status
- Status: Introduced (2026-01-27)
- Last action: House Committee Favorably Reported (2026-03-06)
- Sponsors: Dar'shun Kendrick, Robert Flournoy
- Official page: https://www.legis.ga.gov/legislation/72348
> The history, votes, and amendments (185 characters) are at https://georgiacommons.org/bills/2025-2026/hr1046.md?full=1