---
title: O.C.G.A. § 44-3-105. Powers and duties as to upkeep of the condominium; access; liability for damage.
collection: code
id: 44-3-105
cite_as: O.C.G.A. § 44-3-105 (2025)
canonical_url: https://georgiacommons.org/code/44-3-105
md_url: https://georgiacommons.org/code/44-3-105.md
text_url: https://georgiacommons.org/code/44-3-105/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t44-ch1-7-(v31)-2010-pdf.pdf?sfvrsn=35dd922f_0#page=250
date: 2025
status: active
corpus_version: 2025-supplement-89aa39ab3c68
license: CC0-1.0
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
up: https://georgiacommons.org/code/44-3.md
previous: https://georgiacommons.org/code/44-3-104.md
next: https://georgiacommons.org/code/44-3-106.md
index: https://georgiacommons.org/code/index.md
version: the only printed version
in_force: true
current_through: Including Acts of the 2025 Regular Session of the General Assembly
heading_path: PROPERTY / REGULATION OF SPECIALIZED LAND TRANSACTIONS / CONDOMINIUMS
---

# O.C.G.A. § 44-3-105. Powers and duties as to upkeep of the condominium; access; liability for damage.

Except to the extent otherwise provided by the condominium instruments, all powers and responsibilities with regard to maintenance, repair, renovation, restoration, and replacement shall pertain to the association in the case of the common elements other than limited common elements and to the individual unit owner in the case of any unit and the limited common elements, if any, appurtenant thereto. Each unit owner shall afford to the other unit owners, to the association, and to any agents or employees of either such access through his unit as may be reasonably necessary to enable them to exercise and discharge their respective powers and responsibilities. To the extent that damage is inflicted on the common elements, including, without limitation, limited common elements, or on any unit through which access is taken, the association or unit owner occasioning the same, whether by itself or himself or through agents, employees, or others, shall be liable for the prompt repair thereof.

## History

Ga. L. 1975, p. 609, § 37.

## Law Reviews

For article, ‘‘Recommended Changes in the Law Affecting Condominium and Homeowner Associations in Georgia,’’ see 1 Ga. St. U.L. Rev. 185 (1985).