Georgia CommonsSB 521: Specialized Land Transactions; a residency requirement for board members and officers of condominium associations and property owners' associations; establish
Introduced version, the latest LegiScan holds · Last action February 18, 2026 · Introduced
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Underlined words are what the bill adds to current law and struck-through words are what it removes, as the printed bill shows them.
Senate Bill 521
By: Senators James of the 28th, Merritt of the 9th, Rhett of the 33rd, McLaurin of the 14th, Harbison of the 15th and others
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 establish a residency requirement for board members and officers of condominium associations and property owners' associations; to require the instruments and bylaws of each condominium association and property owners' association to provide for such residency requirement; to provide for construction; to provide for definitions; 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, is amended in Article 3, relating to condominiums, by revising Code Section 44-3-104, relating to directors and officers and eligibility as follows:
"44-3-104.
(a) As used in this Code section, the term 'resident unit owner' means:
(1) A unit owner who has maintained and physically occupied a unit within the condominium governed by the association as his or her principal place of residence for at least six months during the year preceding the date of his or her election or appointment as an officer; or
(2) A unit owner who is an active duty member of the regular or reserve component of the United States Army, United States Navy, United States Marine Corps, United States Coast Guard, United States Air Force, United States Space Force, United States National Guard, Georgia National Guard, Georgia Air National Guard, Georgia Naval Militia, the Georgia State Defense Force, or in the National Guard or Air National Guard of any state or territory of the United States, and who would otherwise meet the requirements set forth in paragraph (1) of this subsection but for a temporary inability to physically occupy his or her unit directly attributable to ordered duty, deployment, or training required as part of such active duty membership.
(b)(1) Except as provided in paragraph (2) of this subsection, on and after January 1, 2027, each member of the board and officer shall be a resident unit owner.
(2) Any board member or officer elected or appointed prior to January 1, 2027, regardless of his or her status as a resident unit owner, shall serve out the term of such office; provided, however, that this paragraph shall not be construed to impair any rights, privileges, entitlements, obligations, or duties of any party in connection with such election or appointment. In all such instances, upon the expiration of the board member's or officer's term of office, each successor of such board member or officer shall be elected or appointed in accordance with the requirement set forth in paragraph (1) of this subsection.
(3) For any board member or officer serving a term of more than one year, if such board member or officer is not an active duty member as set forth in paragraph (2) of subsection (a) of this Code section and does not meet the requirement set forth in paragraph (1) of subsection (a) of this Code section relative to the day of the anniversary of his or her election or appointment, such board member or officer shall be subject to removal in accordance with the procedures set forth in the association's condominium instruments or bylaws and any other applicable law.
(c) Each association shall cause its condominium instruments and bylaws, as applicable, to include a requirement that each board member and officer be a resident unit owner. In cases where If the condominium instruments or bylaws provide that any member of the board of directors board member or any officer of the association must be a unit owner, then, notwithstanding paragraph (1) of subsection (a) of Code Section 44-3-75, the term 'unit owner' in such context shall, unless the condominium instruments or bylaws otherwise provide, be deemed to include, without limitation, any shareholder, director, officer, partner in, or trustee of any person who is, either alone or in conjunction with any other person or persons, a unit owner. Any individual who would not be eligible to serve as a member of the board of directors board member or officer were he or she not a shareholder, director, officer, partner in, or trustee of such a person shall be deemed to have disqualified himself or herself from continuing in office if he or she ceases to have any such affiliation with that such person.
(d) Nothing in this Code section shall be construed to impair any voting rights of a unit owner provided under this article or any property rights of a unit owner provided under any applicable law.
SECTION 2.
Said chapter is further amended in Article 6, relating to property owners' associations, by revising a Code Section 44-3-229, relating to persons deemed to be "lot owner," as follows:
"44-3-229.
(a) As used in this Code section, the term 'resident lot owner' means:
(1) A lot owner who has maintained and physically occupied a lot within the property owners' development governed by the association as his or her principal place of residence for at least six months during the year preceding the date of his or her election or appointment as an officer; or
(2) A lot owner who is an active duty member of the regular or reserve component of the United States Army, United States Navy, United States Marine Corps, United States Coast Guard, United States Air Force, United States Space Force, United States National Guard, Georgia National Guard, Georgia Air National Guard, Georgia Naval Militia, the Georgia State Defense Force, or in the National Guard or Air National Guard of any state or territory of the United States, and who would otherwise meet the requirements set forth in paragraph (1) of this subsection but for a temporary inability to physically occupy his or her lot directly attributable to ordered duty, deployment, or training required as part of such active duty membership.
(b)(1) Except as provided in paragraph (2) of this subsection, on and after January 1, 2027, each member of the board and officer shall be a resident lot owner.
(2) Any board member or officer elected or appointed prior to January 1, 2027, regardless of his or her status as a resident lot owner, shall serve out the term of such office; provided, however, that this paragraph shall not be construed to impair any rights, privileges, entitlements, obligations, or duties of any party in connection with such election or appointment. In all such instances, upon the expiration of the board member's or officer's term of such office, each successor of such board member or officer shall be elected or appointed in accordance with the requirement set forth in paragraph (1) of this subsection.
(3) For any board member or officer serving a term of more than one year, if such board member or officer is not an active duty member as set forth in paragraph (2) of subsection (a) of this Code section and does not meet the requirement set forth in paragraph (1) of subsection (a) of this Code section relative to the day of the anniversary of his or her election or appointment, such board member or officer shall be subject to removal in accordance with the procedures set forth in the property owners' association instrument or bylaws and any other applicable laws.
(c) Each property owners' association shall cause its property owners' association instrument and bylaws, as applicable, to include a requirement that each board member and officer shall be a resident lot owner. In cases where If the instrument or bylaws provides provide that any member of the board of directors board member or any officer of the association must be a lot owner, then, notwithstanding Code Section 44-3-221, the term 'lot owner' in such context shall, unless the instrument or bylaws otherwise provides provide, be are deemed to include, without limitation, any shareholder, director, officer, partner in, or trustee of any person who is, either alone or in conjunction with any other person or persons, a lot owner. Any individual who would not be eligible to serve as a member of the board of directors board member or officer were he or she not a shareholder, director, officer, partner in, or trustee of such a person shall be deemed to have disqualified himself or herself from continuing in office if he or she ceases to have any such affiliation with that such person.
(d) Nothing in this Code section shall be construed to impair any voting rights of a lot owner provided under this article or any property rights of a lot owner provided under any applicable law."
SECTION 3.
All laws and parts of laws in conflict with this Act are repealed.