Georgia Commons

Title 44. PROPERTY

Chapter 3. REGULATION OF SPECIALIZED LAND TRANSACTIONS

139 sections · 44-3-1 to 44-3-250

Article 1. GEORGIA LAND SALES ACT

  1. 44-3-1Short title.
  2. 44-3-2Definitions.
  3. 44-3-3Registration statement; accompanying documents; material changes; property report; lots or parcels subject to blanket encumbrances; records subject to inspection by purchaser; copy of property report to be given to prospective purchasers; sales contract; amendments to report.
  4. 44-3-4Exemptions from Code Section 44-3-3.
  5. 44-3-4.1Fees and expenses of commission.Repealed
  6. 44-3-5Violations of article.
  7. 44-3-6Order prohibiting act, practice, or transaction in violation of article; injunctive relief.
  8. 44-3-7Willful violation of article; effect on statutory or common-law right to punish violations; effect of article on Attorney General.
  9. 44-3-8Rights of buyer upon violation; persons liable for violations; limitation on actions; survival of actions; effect on statutory or common-law rights; exemption of advertisers from liability.
  10. 44-3-8.1Denial of application, reprimand, suspension, civil penalty, or revocation of registration.Repealed
  11. 44-3-9Venue.
  12. 44-3-10Business records required.
  13. 44-3-11Certain waivers in contract void.
  14. 44-3-12Burden of proof of exemption.
  15. 44-3-13Application of prior law to actions, registrations, and orders prior to July 1, 1990.
  16. 44-3-13.1 to 44-3-13.3(no catchline printed)Repealed
  17. 44-3-14Business records required.Redesignated
  18. 44-3-15Consent to service.Repealed
  19. 44-3-16Certain waivers in contract void.Redesignated
  20. 44-3-17Immunity of commissioner and commission from liability and actions.Repealed
  21. 44-3-18Burden of proof of exemption; effect of certificate of commission stating compliance or noncompliance with article; admissibility of copies of documents.Redesignated
  22. 44-3-19Application of prior law to actions, registrations, and orders prior to July 1, 1990; application of Code Section 44-3-13 to review of orders not instituted by July 1, 1990.Redesignated
  23. 44-3-20 to 44-3-27(no catchline printed)Repealed

Article 2. SALES OF SUBDIVIDED OUT-OF-STATE LANDS

  1. 44-3-40 to 44-3-54(no catchline printed)Repealed

Article 3. CONDOMINIUMS

  1. 44-3-70Short title.
  2. 44-3-71Definitions.
  3. 44-3-72Creation of condominium.
  4. 44-3-73Sufficiency of descriptions of condominium units; description of undivided interest in common elements.
  5. 44-3-74Recording condominium instruments, plats, plans, and encumbrances.
  6. 44-3-75Construction and validity of condominium instruments; conflicts and inconsistencies; severability.
  7. 44-3-76Compliance with condominium instruments, rules, and regulations; means of enforcement.
  8. 44-3-77Contents of declaration.
  9. 44-3-78Allocation — Interests in common elements.
  10. 44-3-79Allocation — Votes in association; how votes cast; majority vote requirements.
  11. 44-3-80Allocation of and liability for common expenses; how assessments made.
  12. 44-3-81Reallocation of interests in common elements, votes, and liability for common expenses.
  13. 44-3-82Assignments and reassignments of limited common elements.
  14. 44-3-83Recording of plats and plans; contents; completion of structural improvements; certification by registered architect or engineer; exception.
  15. 44-3-84Use of previously recorded plans in lieu of new plans.
  16. 44-3-85Liability for failure to follow plats or plans; easements; liability for damage.
  17. 44-3-86Leasehold condominiums; lessor’s rights and powers; owner’s rights and powers; liens; performance of covenants.
  18. 44-3-87Conversion condominiums; notice; offer to convey; time periods; rights of tenant.
  19. 44-3-88Conversion of convertible spaces; amendment to declaration effecting conversion; reallocation of sums assessed prior to conversion; treatment of convertible space not converted.
  20. 44-3-89Expansion of condominium; amendment to declaration; expansion of condominium after declarant’s right to expand has expired.
  21. 44-3-90Alterations within units; combining two or more units.
  22. 44-3-91Relocation of boundaries between units; application for relocation; amendment to declaration; plans and plats; recording.
  23. 44-3-92Subdivision of units; application for subdivision; amendment to declaration; plans and plats; recordation.
  24. 44-3-93Amendment of condominium instruments.
  25. 44-3-94Damage or destruction of units; restoration; vote not to restore; allocation of insurance deductible.
  26. 44-3-95Effect of mortgages and liens; foreclosure; release.
  27. 44-3-96Separate titles and taxation.
  28. 44-3-97Eminent domain; compensation; reallocation of interests; court determination; amendment to declaration.
  29. 44-3-98Termination of condominium; creation of tenancy in common; distribution of assets; transfer of mortgages and liens.
  30. 44-3-99Withdrawal of submitted property; reallocation to remaining units of undivided interest in common elements; contents of amendment; transfer of mortgages and liens.
  31. 44-3-100Incorporation of association; name; articles and bylaws; membership; organization.
  32. 44-3-101Control of association by declarant; surrender of control to unit owners; liability for books and records; cancellation of leases and contracts.
  33. 44-3-102Meetings of the association; notice; reports.
  34. 44-3-103Quorums at meetings of association or board.
  35. 44-3-104Directors and officers; eligibility.
  36. 44-3-105Powers and duties as to upkeep of the condominium; access; liability for damage.
  37. 44-3-106Powers and responsibilities of association; tort actions.
  38. 44-3-107Insurance coverage.
  39. 44-3-108Common profits; application to expenses; surplus.
  40. 44-3-109Lien for assessments; personal obligation of unit owner; notice and foreclosure; lapse; right to statement of assessments; effect of failure to furnish statement.
  41. 44-3-110Restraints on alienation and rights of first refusal; statement of waiver or failure to exercise rights or restraints; effect of failure to furnish statement.
  42. 44-3-111Sales of residential condominium units for residential occupancy; information required to be furnished by seller; buyer’s right to void contract; limitations period; attorney’s fees; penalty for willful violation.
  43. 44-3-112Escrow of deposits or other payments made prior to closing.
  44. 44-3-113Applicability of this article; effect on existing condominiums.
  45. 44-3-114Effect of article upon land use, zoning, building, and subdivision laws; effect of Code Section 44-3-92; applicability of land use and zoning ordinances or laws to expandable condominium.
  46. 44-3-115Construction of this article; substantial compliance; procedure for curing defects in recorded instruments.
  47. 44-3-116Limitations in certain restrictive covenants inapplicable.
  48. 44-3-117Application to subcondominiums; creation of subcondominium; subassociation; insurance; effect of certain liens; eminent domain; description of certain units; assessments.

Article 4. CEMETERIES

  1. 44-3-130 to 44-3-152(no catchline printed)Repealed

Article 5. TIME-SHARE PROJECTS AND PROGRAMS · Part 1. General Provisions

  1. 44-3-160Short title.
  2. 44-3-161Purpose of article.
  3. 44-3-162Definitions.
  4. 44-3-162.1Time-share projects and programs; application of restrictive covenants; exceptions.
  5. 44-3-163Time-share estate title; recording transfer or encumbrance; taxation.
  6. 44-3-164Application of zoning and other local codes, ordinances, and regulations.

Article 5. TIME-SHARE PROJECTS AND PROGRAMS · Part 2. Administration

  1. 44-3-165Creation of time-share program; partition.
  2. 44-3-166Contents and recording of project and time-share instruments.
  3. 44-3-167Time-share estate program management and operation.
  4. 44-3-168Developer control period in time-share estate program.
  5. 44-3-169Identification of time-share project, time-share units, and time periods.
  6. 44-3-170Time-share use program management and operation.
  7. 44-3-171Sale of time-share intervals and programs organized prior to July 1, 1983.

Article 5. TIME-SHARE PROJECTS AND PROGRAMS · Part 3. Developers and Exchange Companies

  1. 44-3-172Contents of public offering statement.
  2. 44-3-173Annual reports filed by exchange companies and multilocation developers.
  3. 44-3-174Public offering statement provided to purchasers; cancellation of sales agreement by purchaser or developer; statement acknowledging receipt.
  4. 44-3-175Funds required to be escrowed by developer; exceptions; escrow agents.
  5. 44-3-176Payments received by developer on uncompleted projects to be escrowed.
  6. 44-3-177Exemption from other state laws requiring registration and public offering statements.
  7. 44-3-178Exceptions to public offering statement requirement under this article.
  8. 44-3-179Updating public offering statement required.
  9. 44-3-180Purchase of interval is free of liens affecting that interval; exceptions.
  10. 44-3-181Transfer of developer’s entire interest.
  11. 44-3-182Financial and other records of time-share project association or managing agent.
  12. 44-3-183Remedy for violation of article; punitive damages; attorney’s fees.
  13. 44-3-184Limitation of actions.

Article 5. TIME-SHARE PROJECTS AND PROGRAMS · Part 4. Advertising

  1. 44-3-185False advertising prohibited.
  2. 44-3-186Statements or representations which are prohibited.
  3. 44-3-187Offer of gifts or prizes.

Article 5. TIME-SHARE PROJECTS AND PROGRAMS · Part 5. Financing by Developer

  1. 44-3-188Developer’s financial records; availability; periodic reports; transfer of developer’s interest subject to debts.
  2. 44-3-189Protection of purchasers from developer’s underlying blanket encumbrance.

Article 5. TIME-SHARE PROJECTS AND PROGRAMS · Part 6. Registration

  1. 44-3-190Real estate broker’s license requirement; collection of compensation for real estate brokerage services from persons reselling time-share intervals.
  2. 44-3-191Requirements for out-of-state projects, managing agents, and exchange programs.
  3. 44-3-192Exceptions from registration.

Article 5. TIME-SHARE PROJECTS AND PROGRAMS · Part 7. Miscellaneous

  1. 44-3-193Modification of public offering statement; limitations on use of public offering statement.
  2. 44-3-194Records required to be kept by developer or agents.
  3. 44-3-195Criminal penalty for violation of article; injunction restraining prohibited conduct; liability for damages; attorney’s fees.
  4. 44-3-196Application of article to time-share programs created prior to or following July 1, 1983.
  5. 44-3-197Exceptions from registration.Redesignated
  6. 44-3-198Powers and duties of the commission.Repealed
  7. 44-3-199Modification of public offering statement; limitations on use of public offering statement.Redesignated
  8. 44-3-200Records required to be kept by developer or agents.Redesignated
  9. 44-3-201Investigation of developer, agent, or exchange program; report confidential; enumeration of grounds for reprimand or for suspension or revocation of registration; cease and desist order for failure to register.Repealed
  10. 44-3-202Criminal penalty for violation of article.Redesignated
  11. 44-3-203 to 44-3-204(no catchline printed)Repealed
  12. 44-3-205Application of article to time-share programs created prior to or following July 1, 1983.Redesignated
  13. 44-3-206Foreclosure by owners’ association; procedure; effect of sale.
  14. 44-3-207Time-share estates; trustee foreclosures; requirements.

Article 6. PROPERTY OWNERS’ ASSOCIATIONS

  1. 44-3-220Short title.
  2. 44-3-221Definitions.
  3. 44-3-222Creation of property owners’ development; affirmative election to be governed by article.
  4. 44-3-223Compliance with provisions of instrument and with rules and regulations; penalties for noncompliance.
  5. 44-3-224Voting at association meetings.
  6. 44-3-225Assessment of expenses; exemption from liability; liability for unpaid assessments.
  7. 44-3-226Amendment of instrument; presumption of validity in court action.
  8. 44-3-227Incorporation as prerequisite to submission to article; requirements as to corporate documents; board of directors.
  9. 44-3-228Presence of quorums at meetings.
  10. 44-3-229Persons deemed to be ‘‘lot owner.’’
  11. 44-3-230Frequency of meetings; notice.
  12. 44-3-231Powers and duties of association; legal actions against agent or employee of association.
  13. 44-3-232Assessments against lot owners as constituting lien in favor of association; additional charges against lot owners; procedure for foreclosing lien; obligation to provide statement of amounts due.
  14. 44-3-232.1Right of and procedure for certain property owners to take control of association when declarant fails to meet certain obligations.
  15. 44-3-233Liberal construction of article; substantial compliance; curing of defects by amendment.
  16. 44-3-234Application of article.
  17. 44-3-235Applicability of article.

Article 7. SPECIALIZED LAND TRANSACTIONS

  1. 44-3-250Itemized reporting of expenses by developers.