23 LC 50 0458ER
H. B. 303
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House Bill 303
By: Representatives Davis of the 87
th
, Beverly of the 143
rd
, Scott of the 76
th
, Schofield of the
63
rd
, Taylor of the 92
nd
, and others
A BILL TO BE ENTITLED
AN ACT
To amend Chapter 3 of Title 44 of the Official Code of Georgia Annotated, relating to
1
regulation of specialized land transactions, so as to provide for protections for homeowners,2
condominium owners, and property owners in community associations; to provide for3
community association duties; to provide for policy and procedure, notice, and collection4
requirements; to provide for limitations on enforcement of violations, fees, fines, charges,5
and foreclosure; to provide for a community association ombudsman to assist owners and6
associations; to provide for rights and duties of the ombudsman; to provide for registration,7
election monitoring, and complaint requirements; to require declarants, developers, or other8
establishing entities to provide for budgets and reserve account funding for maintenance of9
community amenities; to require performance and maintenance bonds for community10
amenities; to implement requirements and procedures for turnover and transition from11
declarants, developers, or other establishing entities to property owners comprising the12
community association; to provide for civil causes of action for violations; to provide for13
civil penalties for violations and the recovery of litigation costs; to provide for a short title;14
to provide for definitions; to provide for related matters; to repeal conflicting laws; and for15
other purposes.16
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:17 23 LC 50 0458ER
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SECTION 1.
18
Chapter 3 of Title 44 of the Official Code of Georgia Annotated, relating to regulation of19
specialized land transactions, is amended by revising subsections (a) and (b) of Code Section20
44-3-109, relating to lien for assessments, personal obligation of unit owner, notice and21
foreclosure, lapse, right to statement of assessments, and effect of failure to furnish22
statement, as follows:23
"(a) All sums lawfully assessed by the association against any unit owner or condominium24
unit, whether
for the share of the common expenses pertaining to that condominium unit,25
for fines, or otherwise, and all reasonable charges made to any unit owner or condominium26
unit for materials furnished or services rendered by the association at the owner's request27
to or on behalf of the unit owner or condominium unit, shall, from the time the same28
become due and payable, be the personal obligation of the unit owner and constitute a lien29
in favor of the association on the condominium unit prior and superior to all other liens30
whatsoever except:31
(1) Liens for ad valorem taxes on the condominium unit;32
(2) The lien of any first priority mortgage covering the unit and the lien of any mortgage33
recorded prior to the recording of the declaration;34
(3) The lessor's lien provided for in Code Section 44-3-86; and35
(4) The lien of any secondary purchase money mortgage covering the unit, provided that36
neither the grantee nor any successor grantee on the mortgage is the seller of the unit.37
The recording of the declaration pursuant to this article shall constitute record notice of the38
existence of the lien, and no further recordation of any claim of lien for assessments shall39
be required.40
(b) To the extent that the condominium instruments provide, the personal obligation of the41
unit owner and the lien for assessments shall also include:42
(1) A late or delinquency charge not in excess of the greater of $10.00 or 10 percent of43
the amount of each assessment or installment thereof not paid when due;44 23 LC 50 0458ER
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(2) At a rate not in excess of 10 8 percent per annum, interest on each assessment or45
installment thereof and any delinquency or late charge pertaining thereto from the date46
the same was first due and payable;47
(3) The costs of collection, including court costs, the expenses of sale, any expenses48
required for the protection and preservation of the unit, and reasonable attorney's fees49
actually incurred; and50
(4) The fair rental value of the condominium unit from the time of the institution of an51
action until the sale of the condominium at foreclosure or until the judgment rendered in52
the action is otherwise satisfied."53
SECTION 2.54
Said chapter is further amended by revising subsections (a) and (b) of Code Section55
44-3-232, relating to assessments against lot owners as constituting lien in favor of56
association, additional charges against lot owners, procedure for foreclosing lien, and57
obligation to provide statement of amounts due, as follows:58
"(a) All sums lawfully assessed by the association against any lot owner or property59
owners' association lot, whether for the share of the common expenses pertaining to that60
lot, fines, or otherwise, and all reasonable charges made to any lot owner or lot for61
materials furnished or services rendered by the association at the owner's request to or on62
behalf of the lot owner or lot, shall, from the time the sums became due and payable, be the63
personal obligation of the lot owner and constitute a lien in favor of the association on the64
lot prior and superior to all other liens whatsoever except:65
(1) Liens for ad valorem taxes on the lot;66
(2) The lien of any first priority mortgage covering the lot and the lien of any mortgage67
recorded prior to the recording of the declaration; or68
(3) The lien of any secondary purchase money mortgage covering the lot, provided that69
neither the grantee nor any successor grantee on the mortgage is the seller of the lot.70 23 LC 50 0458ER
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The recording of the declaration pursuant to this article shall constitute record notice of the
71
existence of the lien, and no further recordation of any claim of lien for assessments shall72
be required.73
(b) To the extent that the instrument provides, the personal obligation of the lot owner and
74
the lien for assessments shall also include:75
(1) A late or delinquency charge not in excess of the greater of $10.00 or 10 percent of76
the amount of each assessment or installment thereof not paid when due;77
(2) At a rate not in excess of 10 8 percent per annum, interest on each assessment or78
installment thereof and any delinquency or late charge pertaining thereto from the date79
the same was first due and payable;80
(3) The costs of collection, including court costs, the expenses required for the protection81
and preservation of the lot, and reasonable attorney's fees actually incurred; and82
(4) The fair rental value of the lot from the time of the institution of an action until the83
sale of the lot at foreclosure or until judgment rendered in the action is otherwise84
satisfied."85
SECTION 3.86
Said chapter is further amended by adding a new article to read as follows:87
"ARTICLE 888
Part 189
44-3-260.90
This article shall be known and may be cited as the 'Community Association Transparency91
and Protection Act.'92 23 LC 50 0458ER
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44-3-261.93
As used in this article, the term:94
(1) 'Amenities' means retention and detention systems or common area facilities.95
(2) 'Common area facilities' means clubhouses; golf courses; swimming pools; tennis96
courts, basketball courts, and other recreational courts; sidewalks; cart paths; nature trails;97
street lighting; accent lighting; or any other facility that is intended to be communally98
shared by property owners as recorded in the plat last filed at the time of inception.99
(3) 'Community association' or 'association' means a nongovernmental association of100
participating members in a delineated geographic area comprising a neighborhood,101
condominium, cooperative, or group of homeowners or property owners, including, but102
not limited to, a homeowners' association, condominium association, and property103
owners' association.104
(4) 'Condominium association' means an organization or corporation formed pursuant105
to the Georgia Condominium Act for the purpose of exercising the powers of an106
association of any condominium under such act.107
(5) 'Homeowners' association' means an organization or corporation of homeowners or108
declarants or developers of a particular subdivision, planned community, or condominium109
that makes and enforces rules for the properties within its jurisdiction and has an elected110
board of directors that enforces and oversees the organization's governing documents.111
(6) 'Inception' means the first property sale of said community to a member or future112
member of the community association who is not a declarant, developer, or other113
establishing entity.114
(7) 'Members other than the declarant, developer, or other establishing entity' shall not115
include builders, contractors, or others who purchase a parcel for the purpose of116
constructing improvements thereon for resale.117 23 LC 50 0458ER
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(8) 'Notice of delinquency' means a written notice that a community association sends118
to a unit owner to notify the unit owner of any unpaid assessments, fines, fees, or charges119
that the unit owner owes the community association.120
(9) 'Property owners' association' means a corporation formed pursuant to the Georgia121
Property Owners' Association Act for the purpose of exercising the powers of an122
association of property owners under such act.123
(10) 'Retention and detention systems' means any storm-water management system,124
method, or structure that is designed to provide storm-water storage or release for surface125
runoff as recorded in the plat last filed at the time of inception.126
(11) 'Turnover and transition' means the relinquishment of control by a declarant,127
developer, or other establishing entity of the amenities and community association128
voluntarily or by operation of law whereby the property owners comprising the property129
jurisdiction of the community association take control of such amenities and community130
association.131
(12) 'Unit' means a portion of the community association intended for any type of132
independent ownership and use.133
(13) 'Unit owner' means the owner of a unit subject to a community association.134
44-3-262.135
To promote responsible governance, a community association shall:136
(1) Maintain accurate and complete accounting records in accordance with generally137
accepted accounting principles;138
(2) Maintain, to the extent reasonably available and subject to reasonable deductibles:139
(A) Property insurance on common areas insuring against risks of direct physical loss140
commonly insured against, which insurance, after application of any deductibles, shall141
be not less than 80 percent of the actual cash value of the insured property at the time142 23 LC 50 0458ER
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the insurance is purchased and at each renewal date, exclusive of land, excavations,143
foundations, and other items normally excluded from property policies; and144
(B) Commercial general liability insurance, including medical payments insurance, in145
an amount determined by the board but not less than any amount specified in the146
declaration, covering all occurrences commonly insured against for bodily injury and147
property damage arising out of or in connection with the use, ownership, or148
maintenance of the common areas; and149
(3) Adopt policies, procedures, and rules and regulations concerning:150
(A) Collection of unpaid assessments, fines, fees, and other charges;151
(B) Handling of conflicts of interest involving board members, which shall, at a152
minimum:153
(i) Define or describe the circumstances under which a conflict of interest exists;154
(ii) Set forth procedures to follow when a conflict of interest exists, including how,155
and to whom, the conflict of interest shall be disclosed and whether a board member156
shall recuse himself or herself from discussing or voting on an issue;157
(iii) Describe the circumstances under which a board member, or a party related to158
a board member, shall be prohibited from engaging in a financial transaction with the159
community association; and160
(iv) Provide for the periodic review of the community association's conflict of161
interest policies, procedures, and rules and regulations;162
(C) Conduct of meetings, which may refer to applicable provisions of Chapter 3 of163
Title 14, the 'Georgia Nonprofit Corporation Code,' or other legally recognized rules164
and principles;165
(D) Enforcement of covenants and rules, including notice and hearing procedures and166
a schedule of fines, fees, or other charges;167
(E) Inspection and copying of community association records, which shall include, at168
a minimum, board meeting minutes, financial documents, budgets, contracts for169 23 LC 50 0458ER
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services or improvements, and insurance policies, by unit owners at no cost to the unit170
owners;171
(F) Investment of reserve funds;172
(G) The amenities the community association agrees to provide and the minimum173
upkeep standards of such amenities;174
(H) Policies and procedures for the election of board members, which shall require175
that, to the extent possible, a majority of the board members reside in the association;176
(I) Procedures for the adoption and amendment of policies, procedures, and rules; and177
(J) Procedures for addressing disputes arising between the community association and178
unit owners, which shall, at a minimum, comply with Code Section 44-3-263.179
44-3-263.180
(a) As used in this Code section, the term 'alternative dispute resolution' means mediation,181
arbitration, conciliation, or other nonjudicial procedure that involves a neutral party in the182
decision-making process.183
(b)(1) A community association shall adopt a written policy providing for a fair,184
reasonable, and expeditious alternative dispute resolution procedure for resolving any185
dispute regarding sums assessed by the association.186
(2) The association shall provide a copy of such policy to each unit owner annually and187
shall make a copy of such policy available to a unit owner upon request.188
(c) In developing an alternative dispute resolution procedure pursuant to this Code section,189
an association shall make maximum, reasonable use of available local dispute resolution190
programs involving a neutral third party, including low-cost mediation programs.191
(d) A fair, reasonable, and expeditious alternative dispute resolution procedure shall, at a192
minimum, satisfy all of the following requirements:193
(1) The procedure may be invoked by a unit owner in writing;194 23 LC 50 0458ER
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(2) The procedure shall provide for prompt deadlines, which shall state the maximum195
time for the association to act on a request invoking the procedure;196
(3) If the procedure is invoked by a unit owner, the association shall participate in the197
procedure; and198
(4) A unit owner shall not be charged a fee to participate in the process.199
44-3-264.200
For the purpose of providing notice required pursuant to this article:201
(1) A unit owner may notify the community association if the unit owner prefers that202
correspondence and notices sent to the unit owner from the community association be203
made in a language other than English. If a preference is not indicated, the community204
association shall send such correspondence and notices in English;205
(2) A unit owner may identify another person to serve as a designated contact for the unit206
owner to be contacted on the unit owner's behalf and may indicate that correspondence207
and notices sent to such contact from the community association be made in a language208
other than English. If a preference is not indicated, the community association shall send209
such correspondence and notices in English; and210
(3) The community association shall send the unit owner and any contact designated211
pursuant to paragraph (2) of this Code section the same correspondence and notices;212
provided, however, that the community association shall send the correspondence and213
notices in the language for which the unit owner has indicated a preference, if any.214
44-3-265.215
(a) A community association shall send each unit owner who has any outstanding balance216
owed to the community association a notice of delinquency that includes an itemized list217
of all assessments, fines, fees, and charges that the unit owner owes to the community218 23 LC 50 0458ER
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association each month by first-class mail and by email if the unit owner has provided an219
email address to the community association.220
(b) For purposes of providing a notice of delinquency, a community association shall:221
(1) Send notice by certified mail, return receipt requested;222
(2) Physically post a copy of the notice at the unit owner's unit; and223
(3) Send notice to the unit owner by one of the following means:224
(A) Text message if the unit owner has provided a cell phone number to the225
community association; or226
(B) Email if the unit owner has provided an email address to the community227
association.228
(c) A notice of delinquency that a community association sends to a unit owner for unpaid229
assessments, fines, fees, or charges shall:230
(1) Specify whether the delinquency concerns unpaid assessments; unpaid fines, fees, or231
charges; or both unpaid assessments and unpaid fines, fees, or charges, and, if the notice232
of delinquency concerns unpaid assessments, the notice of delinquency shall notify the233
unit owner that unpaid assessments may lead to foreclosure; and234
(2) Include:235
(A) A description of the steps the community association shall take before the236
community association may take legal action against the unit owner, including a237
description of the community association's cure process established in accordance with238
Code Section 44-3-268; and239
(B) A description of what legal action the community association may take against the240
unit owner.241
44-3-266.242
(a) With regard to a unit owner's delinquency in paying assessments, fines, fees, or243
charges, a community association shall:244 23 LC 50 0458ER
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(1) First contact the unit owner to alert the unit owner of the delinquency before taking245
action in relation to the delinquency pursuant to subsection (b) of this Code section; and246
(2) Maintain a record of any contacts, including information regarding the type of247
communication used to contact the unit owner and the date and time that the contact was248
made.249
(b) A community association may refer a delinquent account to a collection agency or250
attorney only if a majority of the board members votes to refer the matter in a recorded vote251
at a meeting.252
44-3-267.253
(a) No community association shall:254
(1) Charge a rate of interest on unpaid assessments, fines, or fees in an amount greater255
than 8 percent per year;256
(2) Assess a fee or other charge to recover costs incurred for providing the unit owner257
a statement of the total amount that the unit owner owes; or258
(3) Foreclose on an assessment lien if the debt securing the lien consists only of one or259
both of the following:260
(A) Fines that the community association has assessed against the unit owner; or261
(B) Collection costs or attorney's fees that the community association has incurred and262
that are only associated with assessed fines.263
(b) No community association shall impose on a daily basis against a unit owner:264
(1) Late fees; or265
(2) Fines assessed for violations of the declaration, bylaws, covenants, or other266
governing documents of the community association.267 23 LC 50 0458ER
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44-3-268.268
(a) A community association may only impose fines for violations in accordance with this269
Code section.270
(b)(1) With respect to any violation of the declaration, bylaws, covenants, or other271
governing documents of a community association that the community association272
reasonably determines threatens the public safety or health, the community association273
shall provide the unit owner written notice of the violation informing the unit owner that274
the unit owner has 72 hours to cure the violation or the community association may fine275
the unit owner.276
(2) If, after an inspection of the unit, the community association determines that the unit277
owner has not cured such violation within 72 hours after issuance of the notice, the278
community association may impose fines on the unit owner every other day and may take279
any available legal action against the unit owner for the violation.280
(c)(1) If a community association reasonably determines that a unit owner committed a281
violation of the declaration, bylaws, covenants, or other governing documents of the282
community association, other than a violation that threatens the public safety or health,283
the community association shall, through certified mail, return receipt requested, provide284
the unit owner written notice of the violation informing the unit owner that the unit owner285
has 30 days to cure the violation or the community association, after conducting an286
inspection and determining that the unit owner has not cured the violation, may fine the287
unit owner.288
(2) A community association shall grant a unit owner 60 days to cure such violation289
before the community association may take legal action against the unit owner for the290
violation.291
(3) If the unit owner cures the violation within such 60 day period to cure, the unit owner292
may notify the community association of the cure and, if the unit owner sends with the293
notice visual evidence that the violation has been cured, the violation is deemed cured on294 23 LC 50 0458ER
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the date that the unit owner sends the notice. If the unit owner's notice does not include295
visual evidence that the violation has been cured, the community association shall inspect296
the unit as soon as practicable to determine if the violation has been cured.297
(4) If the community association does not receive notice from the unit owner that the298
violation has been cured, the community association shall inspect the unit within seven299
days after the expiration of the 60 day period to cure to determine if the violation has300
been cured. If, after such inspection, the community association determines that the301
violation has not been cured, the community association may then take any available302
legal action.303
(5) If the unit owner cures the violation within the 60 day period, the community304
association shall notify the unit owner:305
(A) That the unit owner will not be further fined with regard to the violation; and306
(B) Of any outstanding balance that the unit owner still owes the community307
association in relation to such violation.308
(6) If the board determines that the unit owner should not be held responsible for an309
alleged violation, the community association shall not allocate to the unit owner's account310
with the community association any of the community association's costs or attorney's311
fees incurred in asserting or hearing the claim. Notwithstanding any provision in the312
declaration, bylaws, or rules and regulations of the community association to the313
contrary, a unit owner shall not be deemed to have consented to pay such costs or fees.314
(7) The total amount of fines imposed for the violation shall not exceed $500.00.315
44-3-269.316
(a) Notwithstanding any provision of the declaration, bylaws, articles, rules or regulations317
to the contrary, or the absence of a relevant provision in the declaration, bylaws, articles,318
or rules or regulations, the community association shall not use a collection agency or take319
legal action to collect unpaid assessments unless the community association has adopted320 23 LC 50 0458ER
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and follows a written policy governing the collection of unpaid assessments and unless the321
community association complies with this Code section.322
(b) The policy required by subsection (a) of this Code section shall, at a minimum, specify:323
(1) The date on which assessments shall be paid and when an assessment is considered324
past due and delinquent;325
(2) Any late fees and interest that a community association may impose on a delinquent326
unit owner's account;327
(3) Any returned-check charges the community association may impose;328
(4) The circumstances under which a unit owner is entitled to enter into a payment plan329
with the community association pursuant to Code Section 44-3-270 and the minimum330
terms of the payment plan mandated by that Code section;331
(5) That, before the community association turns over a delinquent account of a unit332
owner to a collection agency or refers it to an attorney for legal action, the community333
association shall send the unit owner a notice of delinquency, by certified mail, return334
receipt requested, specifying:335
(A) The total amount due, with an accounting of how the total was determined;336
(B) Whether the opportunity to enter into a payment plan exists pursuant to Code337
Section 44-3-270 and instructions for contacting the community association to enter338
into such a payment plan;339
(C) The name and contact information for the individual the unit owner may contact340
to request a copy of the unit owner's account information in order to verify the amount341
of the debt; and342
(D) That action is required to cure the delinquency and that failure to do so within 60343
days may result in the unit owner's delinquent account being turned over to a collection344
agency, a lawsuit being filed against the owner, the filing and foreclosure of a lien345
against the unit owner's property, or other available legal remedies;346 23 LC 50 0458ER
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(6) The method by which payments may be applied on the delinquent account of a unit347
owner; and348
(7) The legal remedies available to the community association to collect on a unit349
owner's delinquent account pursuant to the governing documents of the association and350
Georgia law.351
44-3-270.352
(a) In collecting past due assessments and other delinquent payments under this article, a353
community association or a holder or assignee of the community association's debt shall:354
(1) Adopt and comply with a collections policy that meets the requirements of Code355
Section 44-3-269; and356
(2) Make a good faith effort to coordinate with the unit owner to set up a payment plan357
that meets the requirements of this Code section, except when:358
(A) The unit owner does not occupy the unit and has acquired the property as a result359
of:360
(i) A default of a security interest encumbering the unit; or361
(ii) Foreclosure of the community association's lien; or362
(B) A unit owner who previously entered into a payment plan under this Code section.363
(b)(1) A payment plan negotiated between a community association and a unit owner364
shall permit:365
(A) The unit owner to pay off the deficiency in equal installments over a period of at366
least 18 months;367
(B) The unit owner to choose the amount to be paid each month, so long as each368
payment shall be in an amount of at least $25.00 until the balance of the amount owed369
is less than $25.00; and370
(C) The unit owner to pay the remaining balance owed under the repayment plan at any371
time during the duration of the repayment plan.372 23 LC 50 0458ER
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(2) Nothing in this subsection prohibits a community association from pursuing legal373
action against a unit owner if the unit owner fails to comply with the terms of the unit374
owner's payment plan. A unit owner's failure to remit payment of three or more375
agreed-upon installments, or to remain current with regular assessments as they come due376
during the 18 month period, constitutes a failure to comply with the terms of the unit377
owner's payment plan.378
(c) If a unit owner who has both unpaid assessments and unpaid fines, fees, or other379
charges makes a payment to the community association, the community association shall380
apply the payment first to the assessments owed and any remaining amount of the payment381
to the fines, fees, or other charges owed.382
(d) If a community association has violated any foreclosure laws, the unit owner in relation383
to whom the violation occurred may, within five years after the violation occurred, file civil384
suit in a court of competent jurisdiction against the community association to seek385
damages. The court may award the unit owner damages in an amount of up to $25,000.00,386
plus costs and reasonable attorney's fees, if the unit owner proves the violation by a387
preponderance of the evidence.388
44-3-271.389
A community association shall not commence a legal action to initiate a foreclosure390
proceeding based on a unit owner's delinquency in paying assessments unless:391
(1) The community association has complied with each of the requirements in this article392
related to a unit owner's delinquency in paying assessments;393
(2) The community association has provided the unit owner with a written offer to enter394
into a repayment plan pursuant to Code Section 44-3-270;395
(3) Within 30 days after the community association has provided the owner with a396
written offer to enter into a repayment plan, the unit owner has either:397
(A) Declined the repayment plan; or398 23 LC 50 0458ER
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(B) After accepting the repayment plan, failed to pay at least three of the monthly399
installments within 15 days after the monthly installments were due; and400
(4) A majority of the board members votes to initiate such foreclosure in a recorded vote401
at a meeting.402
Part 2403
44-3-280.404
(a) There is created an Office of the Community Association Ombudsman that shall be405
assigned for administrative purposes only to the office of the Secretary of State.406
(b) The Governor shall appoint the ombudsman. The ombudsman shall be an attorney407
admitted to practice before the Georgia Supreme Court and shall serve at the pleasure of408
the Governor.409
(c) The ombudsman, an officer, or a full-time employee of the ombudsman's office shall410
not:411
(1) Actively engage in any other business or profession that directly or indirectly relates412
to or conflicts with his or her work in the ombudsman's office;413
(2) Serve as the representative, or an executive, officer, or employee, of any political414
party, executive committee, or other governing body of a political party;415
(3) Receive remuneration for activities on behalf of any candidate for public office;416
(4) Engage in soliciting votes or other activities on behalf of a candidate for public417
office; or418
(5) Become a candidate for election to public office unless he or she first resigns from419
his or her office or employment.420
(d) The ombudsman shall maintain his or her principal office at a place convenient to the421
office of the Secretary of State, which will enable the ombudsman to expeditiously carry422 23 LC 50 0458ER
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out the duties and functions of his or her office. The ombudsman may establish branch423
offices elsewhere in the state upon the concurrence of the Governor.424
44-3-281.425
The ombudsman shall have the powers necessary to carry out the duties of his or her office,426
including, but not limited to:427
(1) Employing professional and clerical staff as necessary for the efficient operation of428
the office;429
(2) Preparing and issuing reports and recommendations to the Governor, the Georgia430
Real Estate Commission, the President of the Senate, and the Speaker of the House of431
Representatives on any matter or subject within the jurisdiction of this article;432
(3) Acting as a liaison between the department, unit owners, boards of directors, board433
members, community association managers, and other affected parties;434
(4) Monitoring and reviewing procedures and disputes concerning elections or meetings;435
(5) Providing resources to assist board members and officers of associations to carry out436
their powers and duties consistent with this article and the governing documents of the437
association;438
(6) Acting as a neutral resource regarding the rights and responsibilities of unit owners,439
associations, and board members;440
(7) Encouraging and facilitating voluntary meetings between unit owners, boards of441
directors, board members, community association managers, and other affected parties442
when the meetings may assist in resolving a dispute within an association before a person443
submits a dispute for a formal or administrative remedy;444
(8) Assisting with the resolution of disputes between unit owners and the association, or445
between unit owners, if applicable;446
(9) Receiving and compiling complaints and responses in relation to violations of447
applicable law and the governing documents of an association; and448 23 LC 50 0458ER
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(10) Referring associations or association management companies to the Georgia Real449
Estate Commission for investigation and enforcement pursuant to Chapter 40 of Title 43.450
44-3-282.451
The ombudsman shall:452
(1) Develop policies and procedures to assist unit owners, boards of directors, board453
members, community association managers, and other affected parties to understand their454
rights and responsibilities, as set forth in this article and the governing documents of455
associations;456
(2) Coordinate and assist in the preparation and adoption of educational and reference457
material, and shall endeavor to coordinate with private or volunteer providers of these458
services, so that the availability of these resources is made known to the largest possible459
audience;460
(3) Assist unit owners to understand their rights and responsibilities under applicable law461
and the governing documents of their associations, including, without limitation,462
publishing materials related to those rights and responsibilities;463
(4) Assist board members and officers of community associations to carry out their464
duties; and465
(5) Compile and maintain a registration of each community association operating within466
the state which includes, without limitation, the following information:467
(A) The name, address, and phone number of the community association;468
(B) The name of each person who is authorized to manage the community association,469
and if any such person is licensed with the Georgia Real Estate Commission pursuant470
to Chapter 40 of Title 43, the licensee's name, license number and status, business471
name, business address, business telephone number, type of license held, and term of472
license;473 23 LC 50 0458ER
H. B. 303
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(C) The names, mailing addresses, and telephone numbers of the board members of the474
community association;475
(D) The name of the declarant;476
(E) The number of units in the community association;477
(F) The total annual assessment required by the community association; and478
(G) The number of foreclosures which were completed on units within the community479
association.480
44-3-283.481
(a) The ombudsman shall adopt policies and procedures for submission and receipt of482
complaints from unit owners and community associations regarding the rights and483
responsibilities of unit owners and community associations.484
(b) The ombudsman shall publish a form for such complaints which, at a minimum,485
includes the following information:486
(1) The unit owner's name;487
(2) The name and contact information of the community association;488
(3) The name of the community association management company, if any, and its contact489
information, including telephone number, owner's name, and street and mailing490
addresses;491
(4) Whether a unit owner:492
(A) Was informed of the requirement of membership in a community association as493
a condition of ownership, including when that information was provided and by whom;494
(B) Received a copy of the governing documents of the community association and if495
the copy was obtained before or after receiving title to the unit;496
(C) Was denied access to the governing documents and, if so, what remedies the unit497
owner took to obtain the governing documents; and498
(D) Understands his or her rights and obligations under the governing documents;499 23 LC 50 0458ER
H. B. 303
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(5) The nature of the unit owner's or community association's complaint; and500
(6) An explanation of:501
(A) Any communications between the unit owner and the association regarding the502
complaint;503
(B) Any remedies the unit owner or association sought in relation to the complaint; and504
(C) Any actions the unit owner or association took concerning the complaint.505
(c) Upon receiving a unit owner's or community association's complaint, the ombudsman506
shall provide the complaint to the community association or the unit owner complained507
against in a manner that verifies receipt of such complaint by the community association508
or unit owner, so the unit owner, board, or community association may determine if the509
unit owner, board, or community association desires to make a response to the complaint.510
(d)(1) The ombudsman shall, at least annually, provide a report of all complaints511
received as provided in this Code section to the Governor and the General Assembly and512
the public on the ombudsman's website.513
(2) The public report shall include categorized, filterable, and searchable information514
compiled from the complaints and responses and redact any personal or private515
information, such as names, addresses, and telephone numbers, contained in the516
complaints and responses.517
(e) If the ombudsman has reasonable cause to believe that a community association518
manager has engaged in repeated violations of this article or other law, refer such519
community association to the Georgia Real Estate Commission for investigation and520
enforcement pursuant to Chapter 40 of Title 43.521
44-3-284.522
(a) Fifteen percent of the total voting interests in a community association, or six unit523
owners, whichever is greater, may petition the ombudsman to appoint an election monitor524
to attend the annual meeting of the unit owners and conduct the election of directors.525 23 LC 50 0458ER
H. B. 303
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(b) The ombudsman shall appoint a division employee, a person who specializes in526
community association election monitoring, or an attorney licensed to practice in the state527
as the election monitor.528
(c) The association shall pay all costs associated with the election monitoring process.529
(d) The ombudsman shall adopt a rule establishing procedures for the appointment of530
election monitors and the scope and extent of the monitor's role in the election process.531
44-3-285.532
(a) Each community association shall register annually with the ombudsman on a form533
prescribed by the ombudsman, which shall include the information required to be534
maintained pursuant to paragraph (5) of Code section 44-3-282.535
(b) Each community association shall pay an annual registration fee to the ombudsman in536
the amount of $3.00 per unit of the community association.537
Part 3538
44-3-290.539
(a) At the establishment of a community association by a declarant, developer, or other540
establishing entity, and prior to the turnover and transition, such declarant, developer, or541
other establishing entity shall establish a two-year operating and expense budget for any542
construction and ongoing maintenance or replacement of amenities. Such budget shall be543
verified by a real estate appraiser licensed pursuant to Chapter 39A of Title 40 and544
established using a good faith method of estimation for all such construction and ongoing545
maintenance or replacement expenses and shall include a reserve fund account as provided546
for in subsection (b) of this Code section for such construction and ongoing maintenance547
or replacement of such amenities. Such budget shall be maintained as a record by such548
declarant, developer, or other establishing entity, and all such records shall be provided to549 23 LC 50 0458ER
H. B. 303
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the unit owners upon creation of such community association and upon turnover and550
transition.551
(b) The reserve fund account provided for in subsection (a) of this Code section shall be552
fully funded by such declarant, developer, or other establishing entity, and shall include553
capital for all items that have a construction or ongoing maintenance or replacement554
expense that exceeds or will exceed $10,000.00 over the two-year period. All funds in the555
reserve account shall be maintained by the declarant, developer, or other establishing entity556
in a separate account to be held in trust upon inception and until turnover and transition.557
(c) The amount to be maintained in the reserve fund account by the declarant, developer,558
or other establishing entity shall be computed using a formula based upon estimated559
remaining useful life and estimated replacement cost or ongoing maintenance expense of560
each reserve item. The declarant, developer, or other establishing entity may adjust561
replacement reserve assessments annually to take into account any changes in estimates or562
extension of the useful life of an item caused by new construction or maintenance or563
replacement.564
(d) The establishment of the operating and expense budget, the maintenance of the reserve565
fund account, and any adjustments in such reserve fund account shall be managed by an566
independent certified public accountant who is licensed by this state who shall certify567
whether activities concerning such budget, fund, or adjustments are in conformance with568
the purposes of this Code section. The declarant, developer, or other establishing entity569
shall make such activities, records, and certifications open to public inspection.570
44-3-291.571
(a)(1) Prior to the conveyance of the first property that is or shall be subject to572
membership in a community association, a declarant, developer, or other establishing573
entity shall post a performance bond with the governing authority of the city or county574
with jurisdiction, with the community association as successor in interest to such bond,575 23 LC 50 0458ER
H. B. 303
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for 125 percent of the cost of the construction and build-out of amenities. The amount576
affixed to the cost of the construction and build-out of amenities shall be verified by a577
real estate appraiser licensed under Chapter 39A of Title 43 where such verification shall578
be based on the plat which was last filed at the time of inception as well as other579
architectural and construction planning documents and economic forecasts.580
(2) Prior to the conveyance of the first property that is or shall be subject to membership581
in a community association, a declarant, developer, or other establishing entity shall post582
a maintenance bond with the governing authority of the city or county with jurisdiction,583
with the community association as successor in interest to such bond, for a maintenance584
term of at least 24 months beginning at inception.585
(b) The bonds required under subsection (a) of this Code section shall be issued by a586
person licensed to do such business in this state and who shall appear on the list of certified587
companies as issued by the United States Department of the Treasury.588
(c)(1) The construction and build-out of amenities shall be complete and fully589
operational, and turnover and transition shall occur, within two years after inception,590
otherwise the performance bond is forfeited.591
(2) In the case of forfeiture, the governing authority of the city or county shall pay over592
funds from the bonds to the clerk of superior court of the county having jurisdiction, who593
shall segregate the funds pending proper petition for the clerk to pay over such funds to594
the community association as the successor in interest, and such funds shall then be used595
as provided for by the superior court for the purposes of this part.596
(3) If no proper petition as provided for in paragraph (2) of this subsection is made597
within two years after such funds have been paid over to the clerk of superior court, then598
such funds shall be paid into the general funds of the city or county with jurisdiction.599 23 LC 50 0458ER
H. B. 303
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44-3-292.600
Not more than 90 days after turnover and transition, the declarant, developer, or other601
establishing entity shall deliver to the condominium association, at the declarant's,602
developer's, or other establishing entity's expense, all property, information, and reports of603
the unit owners and of the condominium association which is held or controlled by the604
declarant, developer, or other establishing entity, including, but not limited to:605
(1) The original or a photocopy of the recorded declaration of condominiums and all606
amendments thereto. If a photocopy is provided, it shall be certified by affidavit of the607
declarant, developer, or other establishing entity or by their officer or agent as being a608
complete copy of the actual recorded declaration;609
(2) A certified copy of the articles of incorporation of the condominium association or,610
if the condominium association was established prior to the Georgia Condominium Act611
and is not incorporated, copies of the documents creating the condominium association;612
(3) A copy of the bylaws and amendments thereto;613
(4) The minute books, including all minutes, and other books and records of the614
condominium association, if any;615
(5) Any house rules and regulations that have been promulgated;616
(6) Resignations of officers and board members who are required to resign because the617
declarant, developer, or other establishing entity is required to relinquish control of the618
condominium association;619
(7) The financial records, including financial statements of the condominium association,620
and source documents from the incorporation of the condominium association through621
the date of turnover and transition. Such records shall be audited by an independent622
certified public accountant licensed by this state for the period from the incorporation of623
the condominium association or from the period covered by the last audit if an audit has624
been performed for each fiscal year since incorporation by an independent certified public625
accountant licensed by this state. All financial statements must be prepared in accordance626 23 LC 50 0458ER
H. B. 303
- 26 -
with generally accepted accounting principles and must be audited in accordance with627
generally accepted auditing standards. The accountant performing the audit shall628
examine, to the extent necessary, supporting documents and records, including the cash629
disbursements and related paid invoices to determine if expenditures were for630
condominium association purposes and the billings, cash receipts, and related records to631
determine that the declarant, developer, or other establishing entity was charged and paid632
the proper amounts of assessments. Audits required by this paragraph shall be paid for633
by the declarant, developer, or other establishing entity;634
(8) All condominium association funds or the control thereof;635
(9) All tangible personal property that is property of the condominium association, which636
is represented by the declarant, developer, or other establishing entity to be part of the637
common elements or which is ostensibly part of the common elements, and an inventory638
of that property;639
(10) A copy of the plans and specifications utilized in the construction or remodeling of640
improvements and the supplying of equipment to the condominium and in the641
construction and installation of all mechanical components serving the improvements and642
the site with a certificate in affidavit form of the declarant, developer, or other643
establishing entity, or their agent or an architect or engineer authorized to practice in this644
state, that such plans and specifications represent, to the best of his or her knowledge and645
belief, the actual plans and specifications utilized in the construction and improvement646
of the condominium association property and for the construction and installation of the647
mechanical components serving the improvements. If the condominium property has648
been declared a condominium more than three years after the completion of construction649
or remodeling of the improvements, the requirements of this paragraph shall not apply;650
(11) The names and addresses of all contractors, subcontractors, and suppliers utilized651
in the construction or remodeling of the improvements and in the landscaping of the652
condominium or condominium association property which the declarant, developer, or653 23 LC 50 0458ER
H. B. 303
- 27 -
other establishing entity had knowledge of at any time in the development of the654
condominium;655
(12) Insurance policies;656
(13) Copies of any certificates of occupancy that may have been issued for the657
condominium property;658
(14) Any other permits applicable to the condominium property which have been issued659
by governmental bodies and are in force or were issued within one year prior to the date660
the unit owners other than the declarant, developer, or other establishing entity took661
control of the condominium association;662
(15) All written warranties of the contractor, subcontractors, suppliers, and663
manufacturers, if any, that built the condominium property or condominium association664
properties that are still effective;665
(16) A roster of unit owners and their addresses and telephone numbers, if known, as666
shown on the declarant's records;667
(17) Leases of the common elements and other leases to which the condominium668
association is a party;669
(18) Employment contracts or service contracts in which the condominium association670
is one of the contracting parties or service contracts in which the condominium671
association or the unit owners have an obligation or responsibility, directly or indirectly,672
to pay some or all of the fee or charge of the person or persons performing the service;673
(19) All other contracts to which the condominium association is a party;674
(20) A turnover and transition inspection report included in the official records, under675
seal of an architect or engineer authorized to practice in this state, attesting to required676
maintenance, useful life, and replacement costs of common elements, including, but not677
limited to, the roof, structure, fireproofing and fire protection systems, elevators, heating678
and cooling systems, plumbing, electrical system, swimming pool or spa and equipment,679 23 LC 50 0458ER
H. B. 303
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seawalls, pavement and parking areas, drainage systems, painting, and irrigation systems;680
and681
(21) A copy of the certificate of a surveyor and mapper recorded, or the recorded682
instrument, that transfers title to a unit in the condominium which is not accompanied by683
a recorded assignment of the declarant's, developer's, or other establishing entity's rights684
in favor of the grantee of such unit, whichever occurred first.685
44-3-293.686
(a) In addition to the requirements set forth in Code Section 44-3-227, homeowners'687
association or property owners' association members other than the declarant, developer,688
or other establishing entity are entitled to elect at least one member of the board of689
directors of the homeowners' association or property owners' association if 50 percent of690
the parcels in all phases of the community which will ultimately be operated by the691
homeowners' or property owners' association have been conveyed to the members.692
(b) Members of the homeowners' association or property owners' association other than693
the declarant, developer, or other establishing entity are entitled to elect at least a majority694
of the members of the board of directors of the homeowners' association or property695
owners' association when the earlier of the following events occurs:696
(1) Ninety days after 90 percent of the parcels in all phases of the community that will697
ultimately be operated by the homeowners' association or property owners' association698
have been conveyed to the members;699
(2) Such other percentage of the parcels has been conveyed to the members or such other700
date or event has occurred as is set forth in the governing documents in order to comply701
with the requirements of any governmentally chartered entity with regard to the mortgage702
financing of parcels;703
(3) Upon the declarant, developer, or other establishing entity abandoning or deserting704
its responsibility to maintain and complete the amenities or infrastructure as disclosed in705 23 LC 50 0458ER
H. B. 303
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the governing documents. For purposes of this paragraph, there is a rebuttable706
presumption that the declarant, developer, or other establishing entity has abandoned and707
deserted the property if the declarant, developer, or other establishing entity has unpaid708
assessments for a period of more than two years;709
(4) Upon the declarant, developer, or other establishing entity filing a petition seeking710
protection under Chapter 7 of the United States Bankruptcy Code;711
(5) Upon the declarant, developer, or other establishing entity losing title to the property712
through a foreclosure action or the transfer of a deed in lieu of foreclosure, unless the713
successor owner has accepted an assignment of the declarant's, developer's, or other714
establishing entity's rights and responsibilities first arising after the date of such715
assignment; or716
(6) Upon a receiver for the declarant, developer, or other establishing entity being717
appointed by a superior court and not being discharged within 30 days after such718
appointment, unless the court determines within 30 days after such appointment that719
transfer of control would be detrimental to the association or its members.720
(c) The declarant, developer, or other establishing entity is entitled to elect at least one721
member of the board of directors of the homeowners' association or property owners'722
association as long as the declarant, developer, or other establishing entity holds for sale723
in the ordinary course of business at least 5 percent of the parcels in all phases of the724
community.725
(d) After the declarant, developer, or other establishing entity relinquishes control of the726
homeowners' association or property owners' association, the declarant, developer, or other727
establishing entity may exercise the right to vote on any matter in the same manner as any728
other member, except for purposes of reacquiring control of the homeowners' association729
or property owners' association or selecting the majority of the members of the board of730
directors.731 23 LC 50 0458ER
H. B. 303
- 30 -
(e) At such time that the members of the homeowners' association or property owners'732
association are entitled to elect at least a majority of the board of directors of the733
homeowners' association or property owners' association, the declarant, developer, or other734
establishing entity, at the declarant's, developer's, or other establishing entity's expense, and735
not later than 90 days thereafter, shall deliver the following documents to the board of736
directors of the association:737
(1) All deeds to common property owned by the homeowners' association or property738
owners' association;739
(2) The original of the association's declarations of covenants and restrictions;740
(3) A certified copy of the articles of incorporation of the association;741
(4) A copy of the bylaws;742
(5) The minute books, including all minutes;743
(6) The books and records of the association;744
(7) Policies, rules, and regulations, if any, which have been adopted;745
(8) Resignations of directors who are required to resign because the declarant is required746
to relinquish control of the association;747
(9) The financial records of the association from the date of incorporation through the748
date of turnover;749
(10) All association funds and control thereof;750
(11) All tangible property of the association;751
(12) A copy of all contracts which may be in force with the association as one of the752
parties;753
(13) A list of the names and addresses and telephone numbers of all contractors,754
subcontractors, or others in the current employ of the association;755
(14) Any and all insurance policies in effect;756
(15) Any permits issued to the association by governmental entities;757
(16) Any and all warranties in effect;758 23 LC 50 0458ER
H. B. 303
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(17) A roster of current homeowners and property owners and their addresses and759
telephone numbers and section and lot numbers;760
(18) Employment and service contracts in effect;761
(19) All other contracts in effect to which the association is a party; and762
(20) The financial records, including, but not limited to, financial statements of the763
association and source documents from the incorporation of the association through the764
date of turnover and transition. The records shall be audited by an independent certified765
public accountant licensed by this state for the period from the incorporation of the766
association or from the period covered by the last audit, if an audit has been performed767
for each fiscal year since incorporation by an independent certified public accountant768
licensed by this state. All financial statements shall be prepared in accordance with769
generally accepted accounting principles and shall be audited in accordance with770
generally accepted auditing standards. The certified public accountant performing the771
audit shall examine to the extent necessary supporting documents and records, including772
the cash disbursements and related paid invoices to determine if expenditures were for773
association purposes and the billings, cash receipts, and related records of the association774
to determine that the declarant was charged and paid the proper amounts of assessments.775
Audits required by this paragraph shall be paid for by the declarant, developer, or other776
establishing entity.777
44-3-294.778
(a) For a community proposed or represented to have amenities, the plat for the initial779
phase of the development shall identify an area encompassing 25 percent of the proposed780
buildable lots with installed and approved infrastructure sufficient to fully support the781
houses or residential units proposed for construction in such area. Such area shall be782
clearly delineated on the plat as 'not approved for construction or building permits.' Only783
after the governing jurisdiction in which the property is located has issued the applicable784 23 LC 50 0458ER
H. B. 303
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certificate of occupancy for those areas or amenities requiring such a certificate and has785
otherwise approved those areas or amenities not requiring a certificate of occupancy, shall786
the final plat for said area be approved by the governing jurisdiction. For large787
multi-phased projects, the governing jurisdiction shall have the discretion to shift the788
requirement to a later phase that upon completion achieves no more than 50 percent of the789
planned fully built-out project.790
(b)(1) Where a community includes amenities for which the community association will791
assume maintenance and responsibility or where a community association shall be792
established to govern all community association maintenance of property outside of all793
dwelling units, the requirements in paragraphs (2) through (7) of this subsection, in794
addition to any other requirements established by this part or the community association's795
rules and regulations, shall be met.796
(2) A prerequisite to the transfer of the declarant's, developer's, or other establishing797
entity's responsibilities to the community association shall require that not more than 60798
days prior to the date of turnover and transition the community association shall request,799
and the governing jurisdiction with enforcement action of the property shall perform, an800
inspection of the amenities to be maintained by the community association. The801
inspection shall identify those areas that do not meet the governing jurisdiction standards.802
(3) Prior to the inspection, the declarant, developer, or other establishing entity shall803
have identified the amenities and shall prepare a form affidavit in the manner provided804
in this Code section, which shall be executed by the declarant, developer, or other805
establishing entity and design professionals certifying the sufficiency and workability of806
the facilities set forth in the affidavit. The declarant, developer, or other establishing807
entity shall provide a copy of the certification affidavit to the governing jurisdiction with808
enforcement action over the property after signature of its officers and that of the809
community association authorized representative or officer as is set forth in this Code810
section. The community association shall not delay execution of the certification811 23 LC 50 0458ER
H. B. 303
- 33 -
affidavit except for good cause shown or may be liable for civil penalties provided in this812
part.813
(4) The declarant, developer, or other establishing entity shall correct and bear the cost814
of any substandard conditions identified by the inspection by the governing jurisdiction815
or any other source prior to the transfer of the infrastructure, common areas, and816
amenities or control responsibilities from the declarant, developer, or other establishing817
entity to the community association. In lieu of making the corrections, the declarant,818
developer, or other establishing entity may provide a bond to the community association819
in an amount sufficient to correct the identified deficiencies.820
(5) At least 60 days prior to turnover and transition, the declarant, developer, or other821
establishing entity shall provide the executed certification affidavit to the governing822
jurisdiction with enforcement action over the property of the community association, with823
a copy to the community association, which affidavit shall attest and certify that the items824
to be turned over under this part are fully completed as designed or modified to provide825
equivalent functional performance, or have deficiencies remaining to be completed as826
specifically identified in the affidavit.827
(6) Failure of the declarant, developer, or other establishing entity to provide the required828
certification affidavit shall subject the declarant, developer, or other establishing entity829
to the civil penalties provided under this part. Said affidavit shall be maintained by the830
governing body as a public record and shall be subject to disclosure under Article 4 of831
Chapter 18 of Title 50, relating to open records.832
(7) The declarant, developer, or other establishing entity shall provide the certification833
affidavit to the local governing body with enforcement action over the property prior to834
the turnover and transition, which shall provide as follows:835
'This certification affidavit is for (name of community as reflected in the community836
plat last filed at the time of the first property sale of said community to a member or837
future member of the community association who was not a declarant, developer, or838 23 LC 50 0458ER
H. B. 303
- 34 -
other establishing entity). I certify that the below listed items as recorded in the plat839
last filed at the time of inception are fully completed as designed or modified to provide840
equivalent functional performance or have deficiencies remaining to be completed as841
specifically identified below:842
(a) With respect to common areas of the community for which the community843
association or other entity (other than individual residential property owners) is844
responsible to assume maintenance responsibility:845
(1) All recreational areas are complete and operational;846
(2) Swimming pools and facilities requiring Board of Health approval have been847
certified acceptable by the Health Department;848
(3) Swimming pools have a fence with a self-closing and positive latching gate.849
The fence is constructed outside of the deck area and has an unclimbable space;850
(4) All storm-water management facilities, including, but not limited to, piping, as851
well as nonstructural system components, including, but not limited to, detention852
ponds, swales, and ditches are constructed and operating as intended with all853
construction sediment and debris removed, and no observable or known854
maintenance requirements existing; and855
(5) Sidewalks in the public and community association owned areas are complete856
and constructed in accordance with standards;857
(b) With respect to a clubhouse or common area buildings and structures:858
(1) All permanent street numbers are displayed;859
(2) All proposed handicap parking and accessibility is complete;860
(3) All handrails and guardrails are installed properly;861
(4) All exit signs and emergency lights are installed and working properly;862
(5) All planned and required fire extinguishers are mounted;863
(6) All required fire alarms and sprinkler systems are installed per code and are864
functioning properly; and865 23 LC 50 0458ER
H. B. 303
- 35 -
(7) A written warranty has been provided;866
(c) With respect to common or private property subject to restrictions to avoid867
negative impact to the public or environment:868
(1) All areas with slopes of 40 percent or greater subject to the steep slope869
ordinance have been defined by a properly recorded easement;870
(2) All buffers, setbacks, and easements have been properly recorded and are871
clearly identifiable; and872
(3) All temporary erosion control measures have been removed;873
(d) With respect to other items:874
(1) All conditions of zoning have been complied with; and875
(2) All construction and other areas subject to erosion have been stabilized with876
appropriate vegetation or other acceptable measures; and877
(e) Deficiencies that currently exist and that will require action before use or878
maintenance at routine level may be achieved are as follows: (list and describe such879
deficiencies)'.880
44-3-295.881
Prior to the declarant, developer, or other establishing entity relinquishing control of the882
community association pursuant to this part or other law, actions taken by members of the883
board of directors designated by the declarant, developer, or other establishing entity are884
considered actions taken by the declarant, developer, or other establishing entity and the885
declarant, developer, or other establishing entity is responsible to the community886
association and its members for all such actions.887
44-3-296.888
If, during the period prior to the time that the declarant, developer, or other establishing889
entity relinquishes control of the community association pursuant to this part or other law,890 23 LC 50 0458ER
H. B. 303
- 36 -
any provision of this part or any rule promulgated thereunder is violated by the community891
association, then the declarant, developer, or other establishing entity shall be responsible892
for such violation and subject to civil penalties as provided for in this part.893
44-3-297.894
Any community association shall have a cause of action in the superior court of the county895
of the community association. Civil penalties for violations of this part by a declarant,896
developer, or other establishing entity shall be not less than $500.00 and up to $5,000.00897
per violation at the discretion of the court, in addition to any other remedies available at898
law to the community association. A community association may recover the cost of899
litigation, including, but not limited to, court costs and reasonable attorney's fees, from a900
declarant, developer, or other establishing entity for the enforcement of this part."901
SECTION 4.902
All laws and parts of laws in conflict with this Act are repealed.903