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

26 LC 60 0220 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 a1 condominium, property owners' development, or similar common in terest ownership2 structure shall have standing to bring an action to challenge the unauthorized possession of3 other property located within the same condominium, property owners' development, or other4 common ownership interest structure; to provide for related mat ters; to provide for the5 submission of this amendment for ratification or rejection; and for other purposes.6 BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:7 SECTION 1.8 Article VI, Section I of the Constitution is amended by revising Paragraph I as follows:9 "Paragraph I. Judicial power of the state. (a) The judicial power of the state shall be10 vested exclusively in the following classes of courts: magistra te courts, probate courts,11 juvenile courts, state courts, superior courts, state-wide business court, Georgia Tax Court,12 Court of Appeals, and Supreme Court. Nothing in this paragraph shall preclude a superior13 court from creating a business court division for its circuit i n a manner provided by law. 14 Magistrate courts, probate courts, juvenile courts, and state courts shall be courts of limited15 jurisdiction. In addition, the General Assembly may establish or authorize the16 establishment of municipal courts and may authorize administrative agencies to exercise17 H. R. 1046 - 1 - 26 LC 60 0220 quasi-judicial powers. Municipal courts shall have jurisdiction over ordinance violations18 and such other jurisdiction as provided by law. Except as provided in this Paragraph and19 in Section X, municipal courts, county recorder's courts, and c ivil courts in existence on20 June 30, 1983, and administrative agencies shall not be subject to the provisions of this21 article. The General Assembly shall have the authority to confer 'by law' jurisdiction upon22 municipal courts to try state offenses.23 (b) The judicial power of the state shall extend to all cases in which a third party brings24 an action to enjoin the unauthorized possession of residential real property located within25 a condominium, property owners' development, or similar common interest ownership26 structure, provided that such third party holds an interest in other real property located27 within the same condominium, property owners' development, or other common interest28 ownership structure. In no event shall this provision apply to any other judicial29 interpretation of standing."30 SECTION 2.31 The above proposed amendment to the Constitution shall be publi shed and submitted as32 provided in Article X, Section I, Paragraph II of the Constitution. The ballot submitting the33 above proposed amendment shall have written or printed thereon the following:34 "( ) YES35 36 ( ) NO 37 38 39 40 Shall the Constitution of Georgia be amended so as to provide t hat 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 residential p roperty located within the same condominium, property owners' developme nt, or other common interest ownership structure?" All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes." 41 All persons desiring to vote against ratifying the proposed amendment shall vote "No." If42 H. R. 1046 - 2 - 26 LC 60 0220 such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall 43 become a part of the Constitution of this state.44 H. R. 1046 - 3 -