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Official Code of Georgia Annotated

Title 44. PROPERTY · Chapter 3. REGULATION OF SPECIALIZED LAND TRANSACTIONS · Article 5. TIME-SHARE PROJECTS AND PROGRAMS · Part 1. General Provisions

44-3-163. Time-share estate title; recording transfer or encumbrance; taxation.

Active

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

  1. (a)

    A time-share estate is an estate in real property and has the character and incidents of an estate in fee simple at common law or estate for years, if a leasehold, except as expressly modified by this article. This subsection shall supersede any contrary rule at common law.#

  2. (b)

    A document transferring or encumbering a time-share estate in real property shall not be rejected for recordation because of the nature or duration of that estate or interest, provided there is compliance with all requirements necessary to make an instrument recordable.#

  3. (c)

    For purposes of title, each time-share estate constitutes a separate estate or interest in property.#

  4. (d)

    For purposes of local real property taxation, each time-share unit, other than a unit operated for time-share use, shall be valued in the same manner as if such unit were owned by a single taxpayer. The total cumulative purchase price paid by the time-share owners for a unit shall not be utilized by the commissioner of revenue or other local assessing officers as a factor in determining the assessed value of such unit. A unit operated as a time-share use, however, may be assessed the same as other income-producing and investment property. Tax records in a time-share unit shall be in the name of the association or the managing agent.#

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

Code 1981, § 44-3-163, enacted by Ga. L. 1983, p. 1255, § 1; Ga. L. 1989, p. 321, § 2; Ga. L. 1995, p. 1260, § 1.

Code Commission notes

Pursuant to § 28-9-5, in 1985, in the second sentence of subsection (a) ‘‘subsection’’ was substituted for ‘‘rule’’.

Read the official page (the state's PDF, opened at the page this text was read from).

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Text read from t44-ch1-7-(v31)-2010-pdf.pdf, Volume V31, 2010 edition, pages 279 to 280; merge action: carried; file SHA-256 490191d3dc54.