Georgia CommonsHR 1046: Property; common interest ownership structure; provisions - CA
Introduced version, the latest LegiScan holds · Last action March 6, 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 resolution adds to current law and struck-through words are what it removes, as the printed resolution shows them.
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.