32-3-2.1. Authorization to conduct all phases of pre-acquisition and acquisition of common property; allocation of consideration.

As used in this Code section, the term:#

1. (1)

   “Authorized board” means the executive and administrative body designated in a condominium instrument or property owners’ association instrument as the governing body of common property as set forth in Article 3 or Article 6 of Chapter 3 of Title 44.#

2. (2)

   “Common property” shall include common elements, as such term is defined in Code Section 44-3-71 and common areas, as such term in defined in Code Section 44-3-221.#

3. (3)

   “Declaration” shall have the same meaning as set forth in Code Section 44-3-71.#

4. (4)

   “Instrument” shall have the same meaning as set forth in Code Section 44-3-221.#

5. (5)

   “Owner” means any person having interest in property under a declaration or instrument.#

Notwithstanding any provision of Chapter 3 of Title 44 to the contrary, when the department seeks to acquire any common property, the department shall be authorized to conduct all phases of such pre-acquisition and acquisition with officers of the authorized board. Unless specified to the contrary in any recorded instrument or declaration, an authorized board shall be authorized to convey common property to the department on behalf of all owners. If, during the pre-acquisition or acquisition phase of common property authorized by this Code section, the department and authorized board fail to agree upon the terms of acquisition, the department shall be authorized to bring the authorized association as a party in any action in lieu of each owner; provided, however, that when an owner is directly impacted by a proposed acquisition in relation to other owners, such owner shall be individually named in the action. An owner shall be bound by the judgment in any action brought by the department against an authorized association pursuant to this Code section.#

Any consideration received by an authorized board in exchange for common property pursuant to this Code section shall be allocated to each owner pursuant to any ownership interest set forth in a declaration or instrument.#