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. <ins>(a)</ins> 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.
<ins>(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."
</ins> 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.