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.
<ins>(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
</ins>
<ins>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
</ins>
<ins>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</ins> <del>If</del> the condominium instruments or bylaws provide that any <del>member of the
board of directors</del> <ins>board member</ins> or any officer <del>of the association</del> must be a unit owner,
then, notwithstanding paragraph (1) of subsection (a) of Code Section 44-3-75, the term
'unit owner' <del>in such context</del> shall, unless the condominium instruments <ins>or bylaws</ins> 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 <del>member of
the board of directors</del> <ins>board member</ins> or officer were he <ins>or she</ins> not a shareholder, director,
officer, partner in, or trustee of such a person shall be deemed to have disqualified himself
<ins>or herself</ins> from continuing in office if he <ins>or she</ins> ceases to have any such affiliation with <del>that
</del> <ins>such</ins> person.
<ins>(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.
</ins> 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.
<ins>(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
</ins>
<ins>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
</ins>
<ins>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</ins> <del>If</del> the instrument <ins>or bylaws</ins> <del>provides
</del> <ins>provide</ins> that any <del>member of the board of directors</del> <ins>board member</ins> or any officer <del>of the
association</del> must be a lot owner, then, notwithstanding Code Section 44-3-221, the term 'lot
owner' <del>in such context</del> shall, unless the instrument <ins>or bylaws</ins> otherwise <del>provides</del> <ins>provide,
</ins> <del>be</del> <ins>are</ins> 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 <del>member of
the board of directors</del> <ins>board member</ins> 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 <del>that
</del> <ins>such</ins> person.
<ins>(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."
</ins> SECTION 3.
All laws and parts of laws in conflict with this Act are repealed.