GA
Georgia House Bill HB1308

Georgia 2023-2024 Regular Session

Georgia House Bill HB1308 Compare Versions

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11 24 LC 48 1067
22 House Bill 1308
33 By: Representatives Holly of the 116
44 th
55 , Bell of the 75
66 th
77 , Hutchinson of the 106
88 th
99 , Glaize of the
1010 67
1111 th
1212 , and Park of the 107
1313 th
1414
1515 A BILL TO BE ENTITLED
1616 AN ACT
1717 To amend Chapter 3 of Title 44 of the Official Code of Georgia Annotated, relating to
1818 1
1919 regulation of specialized land transactions, so as to provide for protections for homeowners,2
2020 condominium owners, and property owners in community associations; to provide for a short3
2121 title; to provide for definitions; to require declarants, developers, or other establishing entities4
2222 to provide for budgets and reserve account funding for maintenance of community amenities;5
2323 to require performance and maintenance bonds for community amenities; to implement6
2424 requirements and procedures for turnover and transition from declarants, developers, or other7
2525 establishing entities to property owners comprising the community association; to provide8
2626 for civil causes of action for violations; to provide for civil penalties for violations and the9
2727 recovery of litigation costs; to provide for related matters; to provide for an effective date and10
2828 applicability; to repeal conflicting laws; and for other purposes.11
2929 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:12
3030 SECTION 1.13
3131 Chapter 3 of Title 44 of the Official Code of Georgia Annotated, relating to regulation of14
3232 specialized land transactions, is amended by adding a new article to read as follows:15
3333 H. B. 1308
3434 - 1 - 24 LC 48 1067
3535 "ARTICLE 816
3636 44-3-260.17
3737 This article shall be known and may be cited as the 'Community Association Transparency18
3838 and Protection Act.'19
3939 44-3-261.20
4040 As used in this article, the term:21
4141 (1) 'Amenities' mean retention and detention systems or common area facilities.22
4242 (2) 'Common area facilities' means clubhouses; golf courses; swimming pools; tennis23
4343 courts, basketball courts, and other recreational courts; sidewalks; cart paths; nature trails;24
4444 street lighting; accent lighting; or any other facility that is intended to be communally25
4545 shared by property owners as recorded in the plat last filed at the time of inception.26
4646 (3) 'Community association' means a nongovernmental association of participating27
4747 members in a delineated geographic area comprising a neighborhood, condominium,28
4848 cooperative, or group of homeowners or property owners, including, but not limited to,29
4949 a homeowners' association, condominium association, and property owners' association.30
5050 (4) 'Condominium association' means an organization or corporation formed pursuant31
5151 to the Georgia Condominium Act for the purpose of exercising the powers of an32
5252 association of any condominium under such act.33
5353 (5) 'Homeowners' association' means an organization or corporation of homeowners or34
5454 declarants or developers of a particular subdivision, planned community, or condominium35
5555 that makes and enforces rules for the properties within its jurisdiction and has an elected36
5656 board of directors that enforces and oversees the organization's governing documents.37
5757 (6) 'Inception' means the first property sale of said community to a member or future38
5858 member of the community association who is not a declarant, developer, or other39
5959 establishing entity.40
6060 H. B. 1308
6161 - 2 - 24 LC 48 1067
6262 (7) 'Members other than the declarant, developer, or other establishing entity' shall not41
6363 include builders, contractors, or others who purchase a parcel for the purpose of42
6464 constructing improvements thereon for resale.43
6565 (8) 'Property owners' association' means a corporation formed pursuant to the Georgia44
6666 Property Owners' Association Act for the purpose of exercising the powers of an45
6767 association of property owners under such act.46
6868 (9) 'Retention and detention systems' means any storm-water management system,47
6969 method, or structure that is designed to provide storm-water storage or release for surface48
7070 runoff as recorded in the plat last filed at the time of inception.49
7171 (10) 'Turnover and transition' means the relinquishment of control by a declarant,50
7272 developer, or other establishing entity of the amenities and community association51
7373 voluntarily or by operation of law whereby the property owners comprising the property52
7474 jurisdiction of the community association take control of such amenities and community53
7575 association.54
7676 44-3-262.55
7777 (a) At the establishment of a community association by a declarant, developer, or other56
7878 establishing entity, and prior to the turnover and transition, such declarant, developer, or57
7979 other establishing entity shall establish a two-year operating and expense budget for any58
8080 construction and ongoing maintenance or replacement of amenities. Such budget shall be59
8181 verified by a real estate appraiser licensed pursuant to Chapter 39A of Title 40 and60
8282 established using a good-faith method of estimation for all such construction and ongoing61
8383 maintenance or replacement expenses and shall include a reserve fund account as provided62
8484 for in subsection (b) of this Code section for such construction and ongoing maintenance63
8585 or replacement of such amenities. Such budget shall be maintained as a record by such64
8686 declarant, developer, or other establishing entity, and all such records shall be provided to65
8787 H. B. 1308
8888 - 3 - 24 LC 48 1067
8989 the unit or property owners upon creation of such community association and upon66
9090 turnover and transition.67
9191 (b) The reserve fund account provided for in subsection (a) of this Code section shall be68
9292 fully funded by such declarant, developer, or other establishing entity, and shall include69
9393 capital for all items that have a construction or ongoing maintenance or replacement70
9494 expense that exceeds or will exceed $10,000.00 over the two-year period. All funds in the71
9595 reserve account shall be maintained by the declarant, developer, or other establishing entity72
9696 in a separate account to be held in trust upon inception and until turnover and transition.73
9797 (c) The amount to be maintained in the reserve fund account by the declarant, developer,74
9898 or other establishing entity shall be computed using a formula based upon estimated75
9999 remaining useful life and estimated replacement cost or ongoing maintenance expense of76
100100 each reserve item. The declarant, developer, or other establishing entity may adjust77
101101 replacement reserve assessments annually to take into account any changes in estimates or78
102102 extension of the useful life of an item caused by new construction or maintenance or79
103103 replacement.80
104104 (d) The establishment of the operating and expense budget, the maintenance of the reserve81
105105 fund account, and any adjustments in such reserve fund account shall be managed by an82
106106 independent certified public accountant who is licensed by this state who shall certify83
107107 whether activities concerning such budget, fund, or adjustments are in conformance with84
108108 the purposes of this Code section. The declarant, developer, or other establishing entity85
109109 shall make such activities, records, and certifications open to public inspection.86
110110 44-3-263.87
111111 (a)(1) Prior to the conveyance of the first property that is or shall be subject to88
112112 membership in a community association, a declarant, developer, or other establishing89
113113 entity shall post a performance bond with the governing authority of the city or county90
114114 with jurisdiction, with the community association as successor in interest to such bond,91
115115 H. B. 1308
116116 - 4 - 24 LC 48 1067
117117 for 125 percent of the cost of the construction and build-out of amenities. The amount92
118118 affixed to the cost of the construction and build-out of amenities shall be verified by a93
119119 real estate appraiser licensed under Chapter 39A of Title 43 where such verification shall94
120120 be based on the plat which was last filed at the time of inception as well as other95
121121 architectural and construction planning documents and economic forecasts.96
122122 (2) Prior to the conveyance of the first property that is or shall be subject to membership97
123123 in a community association, a declarant, developer, or other establishing entity shall post98
124124 a maintenance bond with the governing authority of the city or county with jurisdiction,99
125125 with the community association as successor in interest to such bond, for a maintenance100
126126 term of at least 24 months beginning at inception.101
127127 (b) The bonds required under subsection (a) of this Code section shall be issued by a102
128128 person licensed to do such business in this state and who shall appear on the list of certified103
129129 companies as issued by the United States Department of the Treasury.104
130130 (c)(1) The construction and build-out of amenities shall be complete and fully105
131131 operational, and turnover and transition shall occur, within two years after inception,106
132132 otherwise the performance bond is forfeited.107
133133 (2) In the case of forfeiture the governing authority of the city or county shall pay over108
134134 funds from the bonds to the clerk of superior court of the county having jurisdiction, who109
135135 shall segregate the funds pending proper petition for the clerk to pay over such funds to110
136136 the community association as the successor in interest, and such funds shall then be used111
137137 as provided for by the superior court for the purposes of this article.112
138138 (3) If no proper petition as provided for in paragraph (2) of this subsection is made113
139139 within two years after such funds have been paid over to the clerk of superior court, then114
140140 such funds shall be paid into the general funds of the city or county with jurisdiction.115
141141 H. B. 1308
142142 - 5 - 24 LC 48 1067
143143 44-3-264.116
144144 Not more than 90 days after turnover and transition, the declarant, developer, or other117
145145 establishing entity shall deliver to the condominium association, at the declarant's,118
146146 developer's, or other establishing entity's expense, all property, information, and reports of119
147147 the unit owners and of the condominium association which is held or controlled by the120
148148 declarant, developer, or other establishing entity, including, but not limited to:121
149149 (1) The original or a photocopy of the recorded declaration of condominiums and all122
150150 amendments thereto. If a photocopy is provided, it shall be certified by affidavit of the123
151151 declarant, developer, or other establishing entity or by their officer or agent as being a124
152152 complete copy of the actual recorded declaration;125
153153 (2) A certified copy of the articles of incorporation of the condominium association or,126
154154 if the condominium association was established prior to the Georgia Condominium Act127
155155 and is not incorporated, copies of the documents creating the condominium association;128
156156 (3) A copy of the bylaws and amendments thereto;129
157157 (4) The minute books, including all minutes, and other books and records of the130
158158 condominium association, if any;131
159159 (5) Any house rules and regulations that have been promulgated;132
160160 (6) Resignations of officers and members of the board of directors who are required to133
161161 resign because the declarant, developer, or other establishing entity is required to134
162162 relinquish control of the condominium association;135
163163 (7) The financial records, including financial statements of the condominium association,136
164164 and source documents from the incorporation of the condominium association through137
165165 the date of turnover and transition. Such records shall be audited by an independent138
166166 certified public accountant licensed by this state for the period from the incorporation of139
167167 the condominium association or from the period covered by the last audit if an audit has140
168168 been performed for each fiscal year since incorporation by an independent certified public141
169169 accountant licensed by this state. All financial statements must be prepared in accordance142
170170 H. B. 1308
171171 - 6 - 24 LC 48 1067
172172 with generally accepted accounting principles and must be audited in accordance with143
173173 generally accepted auditing standards. The accountant performing the audit shall144
174174 examine, to the extent necessary, supporting documents and records, including the cash145
175175 disbursements and related paid invoices to determine if expenditures were for146
176176 condominium association purposes and the billings, cash receipts, and related records to147
177177 determine that the declarant, developer, or other establishing entity was charged and paid148
178178 the proper amounts of assessments. Audits required by this paragraph shall be paid for149
179179 by the declarant, developer, or other establishing entity;150
180180 (8) All condominium association funds or the control thereof;151
181181 (9) All tangible personal property that is property of the condominium association, which152
182182 is represented by the declarant, developer, or other establishing entity to be part of the153
183183 common elements or which is ostensibly part of the common elements, and an inventory154
184184 of that property;155
185185 (10) A copy of the plans and specifications utilized in the construction or remodeling of156
186186 improvements and the supplying of equipment to the condominium and in the157
187187 construction and installation of all mechanical components serving the improvements and158
188188 the site with a certificate in affidavit form of the declarant, developer, or other159
189189 establishing entity, or their agent or an architect or engineer authorized to practice in this160
190190 state, that such plans and specifications represent, to the best of his or her knowledge and161
191191 belief, the actual plans and specifications utilized in the construction and improvement162
192192 of the condominium association property and for the construction and installation of the163
193193 mechanical components serving the improvements. If the condominium property has164
194194 been declared a condominium more than three years after the completion of construction165
195195 or remodeling of the improvements, the requirements of this paragraph shall not apply;166
196196 (11) The names and addresses of all contractors, subcontractors, and suppliers utilized167
197197 in the construction or remodeling of the improvements and in the landscaping of the168
198198 condominium or condominium association property which the declarant, developer, or169
199199 H. B. 1308
200200 - 7 - 24 LC 48 1067
201201 other establishing entity had knowledge of at any time in the development of the170
202202 condominium;171
203203 (12) Insurance policies;172
204204 (13) Copies of any certificates of occupancy that may have been issued for the173
205205 condominium property;174
206206 (14) Any other permits applicable to the condominium property which have been issued175
207207 by governmental bodies and are in force or were issued within one year prior to the date176
208208 the unit owners other than the declarant, developer, or other establishing entity took177
209209 control of the condominium association;178
210210 (15) All written warranties of the contractor, subcontractors, suppliers, and179
211211 manufacturers, if any, that built the condominium property or condominium association180
212212 properties that are still effective;181
213213 (16) A roster of unit owners and their addresses and telephone numbers, if known, as182
214214 shown on the declarant's records;183
215215 (17) Leases of the common elements and other leases to which the condominium184
216216 association is a party;185
217217 (18) Employment contracts or service contracts in which the condominium association186
218218 is one of the contracting parties or service contracts in which the condominium187
219219 association or the unit owners have an obligation or responsibility, directly or indirectly,188
220220 to pay some or all of the fee or charge of the person or persons performing the service;189
221221 (19) All other contracts to which the condominium association is a party;190
222222 (20) A turnover and transition inspection report included in the official records, under191
223223 seal of an architect or engineer authorized to practice in this state, attesting to required192
224224 maintenance, useful life, and replacement costs of common elements, including, but not193
225225 limited to, the roof, structure, fireproofing and fire protection systems, elevators, heating194
226226 and cooling systems, plumbing, electrical system, swimming pool or spa and equipment,195
227227 H. B. 1308
228228 - 8 - 24 LC 48 1067
229229 seawalls, pavement and parking areas, drainage systems, painting, and irrigation systems;196
230230 and197
231231 (21) A copy of the certificate of a surveyor and mapper recorded, or the recorded198
232232 instrument, that transfers title to a unit in the condominium which is not accompanied by199
233233 a recorded assignment of the declarant's, developer's, or other establishing entity's rights200
234234 in favor of the grantee of such unit, whichever occurred first.201
235235 44-3-265.202
236236 (a) In addition to the requirements set forth in Code Section 44-3-227, homeowners'203
237237 association or property owners' association members other than the declarant, developer,204
238238 or other establishing entity are entitled to elect at least one member of the board of205
239239 directors of the homeowners' association or property owners' association if 50 percent of206
240240 the parcels in all phases of the community which will ultimately be operated by the207
241241 homeowners' or property owners' association have been conveyed to the members.208
242242 (b) Members of the homeowners' association or property owners' association other than209
243243 the declarant, developer, or other establishing entity are entitled to elect at least a majority210
244244 of the members of the board of directors of the homeowners' association or property211
245245 owners' association when the earlier of the following events occurs:212
246246 (1) Ninety days after 90 percent of the parcels in all phases of the community that will213
247247 ultimately be operated by the homeowners' association or property owners' association214
248248 have been conveyed to the members;215
249249 (2) Such other percentage of the parcels has been conveyed to the members or such other216
250250 date or event has occurred as is set forth in the governing documents in order to comply217
251251 with the requirements of any governmentally chartered entity with regard to the mortgage218
252252 financing of parcels;219
253253 (3) Upon the declarant, developer, or other establishing entity abandoning or deserting220
254254 its responsibility to maintain and complete the amenities or infrastructure as disclosed in221
255255 H. B. 1308
256256 - 9 - 24 LC 48 1067
257257 the governing documents. For purposes of this paragraph, there is a rebuttable222
258258 presumption that the declarant, developer, or other establishing entity has abandoned and223
259259 deserted the property if the declarant, developer, or other establishing entity has unpaid224
260260 assessments for a period of more than two years;225
261261 (4) Upon the declarant, developer, or other establishing entity filing a petition seeking226
262262 protection under Chapter 7 of the United States Bankruptcy Code;227
263263 (5) Upon the declarant, developer, or other establishing entity losing title to the property228
264264 through a foreclosure action or the transfer of a deed in lieu of foreclosure, unless the229
265265 successor owner has accepted an assignment of the declarant's, developer's, or other230
266266 establishing entity's rights and responsibilities first arising after the date of such231
267267 assignment; or232
268268 (6) Upon a receiver for the declarant, developer, or other establishing entity being233
269269 appointed by a superior court and not being discharged within 30 days after such234
270270 appointment, unless the court determines within 30 days after such appointment that235
271271 transfer of control would be detrimental to the association or its members.236
272272 (c) The declarant, developer, or other establishing entity is entitled to elect at least one237
273273 member of the board of directors of the homeowners' association or property owners'238
274274 association as long as the declarant, developer, or other establishing entity holds for sale239
275275 in the ordinary course of business at least 5 percent of the parcels in all phases of the240
276276 community.241
277277 (d) After the declarant, developer, or other establishing entity relinquishes control of the242
278278 homeowners' association or property owners' association, the declarant, developer, or other243
279279 establishing entity may exercise the right to vote on any matter in the same manner as any244
280280 other member, except for purposes of reacquiring control of the homeowners' association245
281281 or property owners' association or selecting the majority of the members of the board of246
282282 directors.247
283283 H. B. 1308
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285285 (e) At such time that the members of the homeowners' association or property owners'248
286286 association are entitled to elect at least a majority of the board of directors of the249
287287 homeowners' association or property owners' association, the declarant, developer, or other250
288288 establishing entity, at the declarant's, developer's, or other establishing entity's expense, and251
289289 not later than 90 days thereafter, shall deliver the following documents to the board of252
290290 directors of the association:253
291291 (1) All deeds to common property owned by the homeowners' association or property254
292292 owners' association;255
293293 (2) The original of the association's declarations of covenants and restrictions;256
294294 (3) A certified copy of the articles of incorporation of the association;257
295295 (4) A copy of the bylaws;258
296296 (5) The minute books, including all minutes;259
297297 (6) The books and records of the association;260
298298 (7) Policies, rules, and regulations, if any, which have been adopted;261
299299 (8) Resignations of directors who are required to resign because the declarant is required262
300300 to relinquish control of the association;263
301301 (9) The financial records of the association from the date of incorporation through the264
302302 date of turnover;265
303303 (10) All association funds and control thereof;266
304304 (11) All tangible property of the association;267
305305 (12) A copy of all contracts which may be in force with the association as one of the268
306306 parties;269
307307 (13) A list of the names and addresses and telephone numbers of all contractors,270
308308 subcontractors, or others in the current employ of the association;271
309309 (14) Any and all insurance policies in effect;272
310310 (15) Any permits issued to the association by governmental entities;273
311311 (16) Any and all warranties in effect;274
312312 H. B. 1308
313313 - 11 - 24 LC 48 1067
314314 (17) A roster of current homeowners and property owners and their addresses and275
315315 telephone numbers and section and lot numbers;276
316316 (18) Employment and service contracts in effect;277
317317 (19) All other contracts in effect to which the association is a party; and278
318318 (20) The financial records, including, but not limited to, financial statements of the279
319319 association and source documents from the incorporation of the association through the280
320320 date of turnover and transition. The records shall be audited by an independent certified281
321321 public accountant licensed by this state for the period from the incorporation of the282
322322 association or from the period covered by the last audit, if an audit has been performed283
323323 for each fiscal year since incorporation by an independent certified public accountant284
324324 licensed by this state. All financial statements shall be prepared in accordance with285
325325 generally accepted accounting principles and shall be audited in accordance with286
326326 generally accepted auditing standards. The certified public accountant performing the287
327327 audit shall examine to the extent necessary supporting documents and records, including288
328328 the cash disbursements and related paid invoices to determine if expenditures were for289
329329 association purposes and the billings, cash receipts, and related records of the association290
330330 to determine that the declarant was charged and paid the proper amounts of assessments. 291
331331 Audits required by this paragraph shall be paid for by the declarant, developer, or other292
332332 establishing entity.293
333333 44-3-266.294
334334 (a) For a community proposed or represented to have amenities, the plat for the initial295
335335 phase of the development shall identify an area encompassing 25 percent of the proposed296
336336 buildable lots with installed and approved infrastructure sufficient to fully support the297
337337 houses or residential units proposed for construction in such area. Such area shall be298
338338 clearly delineated on the plat as 'not approved for construction or building permits.' Only299
339339 after the governing jurisdiction in which the property is located has issued the applicable300
340340 H. B. 1308
341341 - 12 - 24 LC 48 1067
342342 certificate of occupancy for those areas or amenities requiring such a certificate and has301
343343 otherwise approved those areas or amenities not requiring a certificate of occupancy, shall302
344344 the final plat for said area be approved by the governing jurisdiction. For large multiphase303
345345 projects, the governing jurisdiction shall have the discretion to shift the requirement to a304
346346 later phase that upon completion achieves no more than 50 percent of the planned fully305
347347 built out project.306
348348 (b)(1) Where a community includes amenities for which the community association will307
349349 assume maintenance and responsibility or where a community association shall be308
350350 established to govern all community association maintenance of property outside of all309
351351 dwelling units, the requirements in paragraphs (2) through (7) of this subsection, in310
352352 addition to any other requirements established by this article or the community311
353353 association's rules and regulations, shall be met.312
354354 (2) A prerequisite to the transfer of the declarant's, developer's, or other establishing313
355355 entity's responsibilities to the community association shall require that not more than 60314
356356 days prior to the date of turnover and transition the community association shall request,315
357357 and the governing jurisdiction with enforcement action of the property shall perform, an316
358358 inspection of the amenities to be maintained by the community association. The317
359359 inspection shall identify those areas that do not meet the governing jurisdiction standards.318
360360 (3) Prior to the inspection, the declarant, developer, or other establishing entity shall319
361361 have identified the amenities and shall prepare a form affidavit in the manner provided320
362362 in this Code section, which shall be executed by the declarant, developer, or other321
363363 establishing entity and design professionals certifying the sufficiency and workability of322
364364 the facilities set forth in the affidavit. The declarant, developer, or other establishing323
365365 entity shall provide a copy of the certification affidavit to the governing jurisdiction with324
366366 enforcement action over the property after signature of its officers and that of the325
367367 community association authorized representative or officer as is set forth in this Code326
368368 section. The community association shall not delay execution of the certification327
369369 H. B. 1308
370370 - 13 - 24 LC 48 1067
371371 affidavit except for good cause shown or may be liable for civil penalties provided in this328
372372 article.329
373373 (4) The declarant, developer, or other establishing entity shall correct and bear the cost330
374374 of any substandard conditions identified by the inspection by the governing jurisdiction331
375375 or any other source prior to the transfer of the infrastructure, common areas, and332
376376 amenities or control responsibilities from the declarant, developer, or other establishing333
377377 entity to the community association. In lieu of making the corrections, the declarant,334
378378 developer, or other establishing entity may provide a bond to the community association335
379379 in an amount sufficient to correct the identified deficiencies.336
380380 (5) At least 60 days prior to turnover and transition, the declarant, developer, or other337
381381 establishing entity shall provide the executed certification affidavit to the governing338
382382 jurisdiction with enforcement action over the property of the community association, with339
383383 a copy to the community association, which affidavit shall attest and certify that the items340
384384 to be turned over under this article are fully completed as designed or modified to provide341
385385 equivalent functional performance, or have deficiencies remaining to be completed as342
386386 specifically identified in the affidavit.343
387387 (6) Failure of the declarant, developer, or other establishing entity to provide the required344
388388 certification affidavit shall subject the declarant, developer, or other establishing entity345
389389 to the civil penalties provided under this article. Said affidavit shall be maintained by the346
390390 governing body as a public record and shall be subject to disclosure under Article 4 of347
391391 Chapter 18 of Title 50, relating to open records.348
392392 (7) The declarant, developer, or other establishing entity shall provide the certification349
393393 affidavit to the local governing body with enforcement action over the property prior to350
394394 the turnover and transition, which shall provide as follows:351
395395 'This certification affidavit is for (name of community as reflected in the community352
396396 plat last filed at the time of the first property sale of said community to a member or353
397397 future member of the community association who was not a declarant, developer, or354
398398 H. B. 1308
399399 - 14 - 24 LC 48 1067
400400 other establishing entity). I certify that the below listed items as recorded in the plat355
401401 last filed at the time of inception are fully completed as designed or modified to provide356
402402 equivalent functional performance or have deficiencies remaining to be completed as357
403403 specifically identified below.358
404404 (a) With respect to common areas of the community for which the community359
405405 association or other entity (other than individual residential property owners) is360
406406 responsible to assume maintenance responsibility:361
407407 (1) All recreational areas are complete and operational;362
408408 (2) Swimming pools and facilities requiring Board of Health approval have been363
409409 certified acceptable by the Health Department;364
410410 (3) Swimming pools have a fence with a self-closing and positive latching gate. 365
411411 The fence is constructed outside of the deck area and has an unclimbable space;366
412412 (4) All storm-water management facilities, including, but not limited to, piping, as367
413413 well as nonstructural system components, including, but not limited to, detention368
414414 ponds, swales, and ditches are constructed and operating as intended with all369
415415 construction sediment and debris removed, and no observable or known370
416416 maintenance requirements existing; and371
417417 (5) Sidewalks in the public and community association owned areas are complete372
418418 and constructed in accordance with standards;373
419419 (b) With respect to a clubhouse or common area buildings and structures:374
420420 (1) All permanent street numbers are displayed;375
421421 (2) All proposed disability parking and accessibility is complete;376
422422 (3) All handrails and guardrails are installed properly;377
423423 (4) All exit signs and emergency lights are installed and working properly;378
424424 (5) All planned and required fire extinguishers are mounted;379
425425 (6) All required fire alarms and sprinkler systems are installed per code and are380
426426 functioning properly; and381
427427 H. B. 1308
428428 - 15 - 24 LC 48 1067
429429 (7) A written warranty has been provided;382
430430 (c) With respect to common or private property subject to restrictions to avoid383
431431 negative impact to the public or environment:384
432432 (1) All areas with slopes of 40 percent or greater subject to the steep slope385
433433 ordinance have been defined by a properly recorded easement;386
434434 (2) All buffers, setbacks, and easements have been properly recorded and are387
435435 clearly identifiable; and388
436436 (3) All temporary erosion control measures have been removed;389
437437 (d) With respect to other items:390
438438 (1) All conditions of zoning have been complied with; and391
439439 (2) All construction and other areas subject to erosion have been stabilized with392
440440 appropriate vegetation or other acceptable measures; and393
441441 (e) Deficiencies that currently exist and that will require action before use or394
442442 maintenance at routine level may be achieved are as follows: (list and describe such395
443443 deficiencies)'396
444444 44-3-267.397
445445 Prior to the declarant, developer, or other establishing entity relinquishing control of the398
446446 community association pursuant to this article or other law, actions taken by members of399
447447 the board of directors designated by the declarant, developer, or other establishing entity400
448448 are considered actions taken by the declarant, developer, or other establishing entity and401
449449 the declarant, developer, or other establishing entity is responsible to the community402
450450 association and its members for all such actions.403
451451 44-3-268.404
452452 If, during the period prior to the time that the declarant, developer, or other establishing405
453453 entity relinquishes control of the community association pursuant to this article or other406
454454 H. B. 1308
455455 - 16 - 24 LC 48 1067
456456 law, any provision of this article or any rule promulgated thereunder is violated by the407
457457 community association, then the declarant, developer, or other establishing entity shall be408
458458 responsible for such violation and subject to civil penalties as provided for in this article.409
459459 44-3-269.410
460460 Any community association shall have a cause of action in the superior court of the county411
461461 of the community association. Civil penalties for violations of this article by a declarant,412
462462 developer, or other establishing entity shall be not less than $500.00 and up to $5,000.00413
463463 per violation at the discretion of the court, in addition to any other remedies available at414
464464 law to the community association. A community association may recover the cost of415
465465 litigation, including, but not limited to, court costs and reasonable attorney's fees, from a416
466466 declarant, developer, or other establishing entity for the enforcement of this article."417
467467 SECTION 2.418
468468 This Act shall become effective on January 1, 2025, and shall apply to all property included419
469469 on a plat first filed on or after such date.420
470470 SECTION 3.421
471471 All laws and parts of laws in conflict with this Act are repealed.422
472472 H. B. 1308
473473 - 17 -