HR1046: HR1046 Property; common interest ownership structure; provisions - CA

This House resolution proposes a change to the Georgia Constitution's judicial power section (Article VI, Section I). Currently, standing to sue over unauthorized possession of property is governed by general court rules, and it can be unclear whether a neighboring owner in a condominium or homeowners' association has the right to bring a legal challenge when someone else's residential unit is unlawfully occupied. The amendment would explicitly extend judicial power to cases where an owner in a condominium, property owners' development, or similar shared ownership structure sues to stop unauthorized possession of residential real property in that same development, as long as the person suing owns other property within it. The resolution says this rule applies only to this specific situation and does not change standing rules generally. If passed by the General Assembly, the amendment would go to Georgia voters for ratification or rejection on a statewide ballot.

• Adds a new provision to Article VI, Section I of the Georgia Constitution giving courts jurisdiction over suits by one owner to stop unauthorized possession of residential property in the same shared development.
• Requires the person suing to hold an interest in other property located within that same condominium, property owners' development, or similar ownership structure.
• Limits the new rule so it does not affect standing in any other type of legal case.
• Sends the proposed amendment to Georgia voters for a statewide yes or no ratification vote.

Owners of units or lots within condominiums, homeowners' associations, and similar shared-ownership developments in Georgia, as well as the superior courts and other courts that would gain explicit jurisdiction over these disputes.

If ratified, a condo or HOA owner could go to court to challenge someone else's unauthorized occupation of another unit or lot in their development, even without owning that specific property, potentially making it easier to resolve squatting or unauthorized occupancy disputes within shared communities.

• Section 1 revises Paragraph I of Article VI, Section I of the Georgia Constitution, adding subsection (b) on judicial power over unauthorized possession disputes in common interest developments.
• The new subsection requires the person suing to hold an interest in other real property within the same condominium, property owners' development, or similar structure.
• The provision states it applies only to this narrow context and does not affect judicial interpretation of standing in any other case.
• Section 2 sets the ballot language asking voters whether to ratify the amendment and directs how the amendment would be submitted for a statewide vote.

1. 2026-03-06House Committee Favorably Reported (House)
2. 2026-01-29House Second Readers (House)
3. 2026-01-28House First Readers (House)
4. 2026-01-27House Hopper (House)

• Dar'shun Kendrick (D, HD-095)Primary sponsor
• Robert Flournoy (D, HD-074)

• property law
• condominium associations
• homeowners associations
• constitutional amendment
• court jurisdiction