GA
Georgia Senate Bill SB356

Georgia 2023-2024 Regular Session

Georgia Senate Bill SB356 Compare Versions

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11 24 LC 55 0141
22 Senate Bill 356
33 By: Senators James of the 35th, Rhett of the 33rd and Davenport of the 44th
44 A BILL TO BE ENTITLED
55 AN ACT
66 To amend Chapter 3 of Title 44 of the Official Code of Georgia Annotated, relating to
77 1
88 regulation of specialized land transactions, so as to provide for protections of homeowners2
99 in community associations; to revise provisions concerning the foreclosure of liens by3
1010 condominium associations and property owner's associations; to provide definitions; to4
1111 provide for limitations on the ability of community associations to foreclose liens; to provide5
1212 for a right of redemption following a foreclosure sale on a home by a community association;6
1313 to provide for the waiver of assessments owed by homeowners to community associations7
1414 in the event of death or disability; to provide for action and relief; to create the office of the8
1515 Community Association Ombudsman; to provide for powers and duties of the ombudsman;9
1616 to provide procedures concerning the submission of complaints to the ombudsman by10
1717 homeowner and community associations; to provide procedures concerning the resolution11
1818 of such complaints; to provide for the submission of certain recommendations made by the12
1919 ombudsman with respect to such complaints to community associations; to provide13
2020 procedures concerning the approval or rejection of such recommendations by community14
2121 associations; to provide for the monitoring of elections for boards of directors for community15
2222 associations; to provide for annual registration of community associations and related fees;16
2323 to provide for applicability; to provide for related matters; to repeal conflicting laws; and for17
2424 other purposes.18
2525 S. B. 356
2626 - 1 - 24 LC 55 0141
2727 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
2828 19
2929 SECTION 1.20
3030 Chapter 3 of Title 44 of the Official Code of Georgia Annotated, relating to regulation of21
3131 specialized land transactions, is amended in Code Section 44-3-109, relating to lien for22
3232 assessments, personal obligation of unit owner, notice and foreclosure, lapse, right to23
3333 statement of assessments, and effect of failure to furnish statement, by revising subsection (c)24
3434 as follows:25
3535 "(c) Not less than 30 days after notice is sent by certified mail or statutory overnight26
3636 delivery, return receipt requested, to the unit owner both at the address of the unit and at27
3737 any other address or addresses which the unit owner may have designated to the association28
3838 in writing, the lien may be foreclosed by the association by an action, judgment, and29
3939 foreclosure in the same manner as other liens for the improvement of real property, subject30
4040 to the limitations set forth in Code Section 44-3-270 and to
4141 superior liens or encumbrances,31
4242 but any such court order for judicial foreclosure shall not affect the rights of holders of32
4343 superior liens or encumbrances to exercise any rights or powers afforded to them under33
4444 their security instruments. The notice provided for in this subsection shall specify the34
4545 amount of the assessments then due and payable together with authorized late charges and35
4646 the rate of interest accruing thereon. No foreclosure action against a lien arising out of this36
4747 subsection shall be permitted unless the amount of the lien is at least $2,000.00. Unless37
4848 prohibited by the condominium instruments, the association shall have the power to bid on38
4949 the unit at any foreclosure sale and to acquire, hold, lease, encumber, and convey the same.39
5050 The lien for assessments shall lapse and be of no further effect, as to assessments or40
5151 installments thereof, together with late charges and interest applicable thereto, four years41
5252 after the assessment or installment first became due and payable."42
5353 S. B. 356
5454 - 2 - 24 LC 55 0141
5555 SECTION 2.
5656 43
5757 Said chapter is further amended in Code Section 44-3-232, relating to assessments against44
5858 lot owners as constituting liens in favor of association, additional charges against lot owners,45
5959 procedure for foreclosing lien, and obligation to provide statement of amounts due, by46
6060 revising subsection (c) as follows:47
6161 "(c) Not less than 30 days after notice is sent by certified mail or statutory overnight48
6262 delivery, return receipt requested, to the lot owner both at the address of the lot and at any49
6363 other address or addresses which the lot owner may have designated to the association in50
6464 writing, the lien may be foreclosed by the association by an action, judgment, and court51
6565 order for foreclosure in the same manner as other liens for the improvement of real52
6666 property, subject to the limitations set forth in Code Section 44-3-270 and to
6767 superior liens53
6868 or encumbrances, but any such court order for judicial foreclosure shall not affect the rights54
6969 of holders of superior liens or encumbrances to exercise any rights or powers afforded to55
7070 them under their security instruments. The notice provided for in this subsection shall56
7171 specify the amount of the assessments then due and payable together with authorized late57
7272 charges and the rate of interest accruing thereon. No foreclosure action against a lien58
7373 arising out of this subsection shall be permitted unless the amount of the lien is at59
7474 least $2,000.00. Unless prohibited by the instrument, the association shall have the power60
7575 to bid on the lot at any foreclosure sale and to acquire, hold, lease, encumber, and convey61
7676 the same. The lien for assessments shall lapse and be of no further effect, as to assessments62
7777 or installments thereof, together with late charges and interest applicable thereto, four years63
7878 after the assessment or installment first became due and payable."64
7979 SECTION 3.65
8080 Said chapter is further amended by adding a new article to read as follows:66
8181 S. B. 356
8282 - 3 - 24 LC 55 0141
8383 "ARTICLE 867
8484 Part 168
8585 44-3-260.69
8686 As used in this article, the term:70
8787 (1) 'Community association' or 'association' means an organization or corporation of71
8888 homeowners or residential property owners of a particular residential community created72
8989 for the purpose of managing or regulating such residential community, including, without73
9090 limitation enforcing covenants set forth in a declaration of such residential community.74
9191 Such term shall include a condominium association and a property owners' association.75
9292 (2) 'Condominium association' means an organization or corporation formed pursuant76
9393 to the Georgia Condominium Act for the purpose of exercising the powers of an77
9494 association of any condominium under such Act.78
9595 (3) 'Declaration' means a recordable instrument creating restrictive covenants upon real79
9696 property within a particular residential community which are administered by a80
9797 community association in which membership is mandatory for all unit owners in such81
9898 residential community.82
9999 (4) 'Governing documents' means the instruments that govern the administration or83
100100 operation of the community association of a particular residential community, including,84
101101 without limitation, the declaration of such residential community and the bylaws and85
102102 articles of incorporation of such community association.86
103103 (5) 'Property owners' association' means a corporation formed pursuant to the Georgia87
104104 Property Owners' Association Act for the purpose of exercising the powers of an88
105105 association of property owners under such Act.89
106106 (6) 'Residential community' means a residential subdivision, planned community, or90
107107 condominium.91
108108 S. B. 356
109109 - 4 - 24 LC 55 0141
110110 (7) 'Unit' means a portion of a residential community intended for any type of92
111111 independent ownership and use that is subject to a declaration and managed or regulated93
112112 by a community association.94
113113 (8) 'Unit owner' means the owner of a unit.95
114114 Part 296
115115 44-3-270.97
116116 Notwithstanding any provision of law to the contrary, no foreclosure action against a lien98
117117 on a unit in favor of a community association shall be permitted if the amount of the lien:99
118118 (1) Is less than $2,000; or100
119119 (2) Consists solely of fines imposed by the community association for the failure to101
120120 comply with the provisions of the declaration or with the rules or regulations adopted by102
121121 the community association, including, without limitation, fines imposed or levied103
122122 pursuant to Code Section 44-3-76 or 44-3-223, and any late charges, interest, or costs104
123123 associated with such fines.105
124124 44-3-271.106
125125 (a) A unit owner may redeem a unit from any purchaser at a sale foreclosing a lien on such107
126126 unit in favor of a community association, including, without limitation a lien arising out of108
127127 Code Section 44-3-109 or Code Section 44-3-232, by paying the amounts required for109
128128 redemption, as set forth in this Code section, not later than 120 days after the date of such110
129129 sale.111
130130 (b) A person who purchases a unit at a sale foreclosing a lien on such unit in favor of a112
131131 community association shall not transfer ownership of such unit to a person other than the113
132132 unit owner during the redemption period provided in subsection (a) of this Code section.114
133133 S. B. 356
134134 - 5 - 24 LC 55 0141
135135 (c) To redeem a unit that was purchased at the foreclosure sale by the foreclosing115
136136 community association, the unit owner shall pay to the community association:116
137137 (1) All amounts owed by the unit owner to the community association at the time of the117
138138 foreclosure sale, plus interest on such amount from the date of foreclosure to the date of118
139139 redemption at the rate stated in the declaration for delinquent assessments or, if no such119
140140 rate is stated, at an annual interest rate of 10 percent;120
141141 (2) The costs incurred by the community association in foreclosing the lien and121
142142 conveying, after redemption, the unit to the unit owner, including reasonable attorney's122
143143 fees;123
144144 (3) Any assessments levied against the unit by the community association after the date124
145145 of the foreclosure sale;125
146146 (4) Any reasonable cost incurred by the community association in connection with its126
147147 ownership of the unit, including, without limitation mortgage payments and costs of127
148148 reasonable and necessary repair maintenance; and128
149149 (5) The purchase price paid by the community association at the foreclosure sale less any129
150150 amounts owed to the community association by the unit owner that were satisfied out of130
151151 such sale proceeds.131
152152 (d) To redeem a unit that was purchased at the foreclosure sale by a person other than the132
153153 foreclosing community association, the unit owner shall:133
154154 (1) Pay to the community association:134
155155 (A) All amounts owed by the unit owner to the community association at the time of135
156156 the foreclosure sale, less the sale price received by the community association at the136
157157 foreclosure sale, and plus interest on such net amount from the date of foreclosure to137
158158 the date of redemption at the rate stated in the declaration for delinquent assessments138
159159 or, if no such rate is stated, at an annual interest rate of 10 percent;139
160160 (B) The costs incurred by the community association in foreclosing the lien, including140
161161 reasonable attorney's fees; and141
162162 S. B. 356
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164164 (C) Any unpaid assessments levied against the unit by the community association after142
165165 the date of the foreclosure sale; and143
166166 (2) Pay to the person who purchased the unit at the foreclosure sale:144
167167 (A) The purchase price paid by such person at the foreclosure sale;145
168168 (B) The cost incurred by such person in recording the foreclosure deed and conveying,146
169169 after redemption, the unit to the unit owner, including reasonable attorney's fees;147
170170 (C) Any assessments levied against the unit by the community association after the148
171171 date of the foreclosure sale that were paid by such person; and149
172172 (D) Any amounts paid by such person as ad valorem taxes, penalties, and interest on150
173173 the unit after the date of the foreclosure sale.151
174174 (e) If a unit owner redeems a unit in accordance with the provisions of this Code section,152
175175 the purchaser of the unit at the foreclosure sale shall immediately execute and deliver to153
176176 the unit owner a deed transferring the unit to the unit owner. If a purchaser fails to comply154
177177 with the provisions of this subsection, a unit owner may bring an action against such155
178178 purchaser for an order compelling the conveyance of such unit to such unit owner. If a unit156
179179 owner is the prevailing party in an action brought pursuant to this subsection, such unit157
180180 owner shall be entitled to recover the costs incurred in bringing such action, including158
181181 reasonable attorney's fees.159
182182 (f) The redemption rights conferred by this Code section are personal privileges and not160
183183 property or property rights. The privileges shall be exercised in the manner prescribed in161
184184 this Code section and such privileges may not be waived in a deed, declaration, judgment,162
185185 or any agreement.163
186186 (g) This Code section shall only apply to liens in favor of a community association that are164
187187 foreclosed on or after July 1, 2024.165
188188 44-3-272.166
189189 (a) As used in this Code section, the term:167
190190 S. B. 356
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192192 (1) 'Disability' means a medically determinable physical or mental impairment caused168
193193 by injury or illness that renders a person unable to engage in any substantial gainful169
194194 employment.170
195195 (2) 'Disabled' means a person who is unable to engage in any substantial gainful171
196196 employment as a result of a medically determinable physical or mental impairment172
197197 caused by injury or illness.173
198198 (3) 'Personal representative' shall have the same meaning as provided in Code174
199199 Section 53-1-2.175
200200 (b)(1) Each community association created pursuant to a declaration executed on or after176
201201 July 1, 2024, shall waive all assessments or installments thereof that become due and177
202202 payable by any unit owner if such unit owner:178
203203 (A) Dies with an insolvent estate, provided that the personal representative of such unit179
204204 owner's estate certifies in writing to the community association that such unit owner's180
205205 estate is insolvent; or181
206206 (B) Becomes disabled, which causes a financial hardship on such unit owner, provided182
207207 that such unit owner certifies in writing to the community association that, because of183
208208 such disability, he or she is experiencing a financial hardship.184
209209 (2) A waiver of such assessments or installments thereof under paragraph (1) of this185
210210 subsection shall begin on the date such unit owner dies or becomes disabled and shall186
211211 continue for a period of not less than 12 months; provided, however, that, if such waiver187
212212 is granted because of a disability of a unit owner, such waiver shall terminate if the188
213213 financial hardship on such unit owner resulting from such disability ceases to exist prior189
214214 to the expiration of such 12 month period.190
215215 (c) If a unit owner previously paid any assessments or installments thereof that are191
216216 required to be waived by a community association pursuant to subsection (a) of this Code192
217217 section, such unit owner or such unit owner's estate shall be entitled to a refund of such193
218218 assessments or installments thereof, provided that the written certification that the estate194
219219 S. B. 356
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221221 of such unit owner is insolvent required under paragraph (1) of subsection (a) of this Code195
222222 section or the written certification of financial hardship required under paragraph (2) of196
223223 subsection (a) of this Code section, whichever is applicable, was provided to the197
224224 community association within 12 months of the date such unit owner died or became198
225225 disabled.199
226226 (d)(1) If a community association fails to waive or refund any assessments or200
227227 installments thereof that are required to be waived or refunded under the provisions of201
228228 this Code section, the unit owner or the personal representative of the unit owner's estate202
229229 may bring an action against such community association for a declaration that such203
230230 assessments or installments thereof are required to be waived and for recovery of any204
231231 amount of such assessments or installments thereof that are required to be refunded. 205
232232 Such relief shall not be granted unless the court determines in such action that:206
233233 (A) The unit owner either:207
234234 (i) Became disabled, which caused a financial hardship on such unit owner; or208
235235 (ii) Died with an insolvent estate; and209
236236 (B) The written certification that the estate of such unit owner is insolvent required210
237237 under paragraph (1) of subsection (a) of this Code section or the written certification211
238238 of financial hardship required under paragraph (2) of subsection (a) of this Code212
239239 section, whichever is applicable, was provided to the community association within 12213
240240 months of the date such unit owner died or became disabled.214
241241 (2) A unit owner or the personal representative of a unit owner's estate who prevails in215
242242 an action brought pursuant to this subsection shall be entitled to recover the costs incurred216
243243 in bringing such action, including reasonable attorney's fees.217
244244 Part 3218
245245 44-3-280.219
246246 S. B. 356
247247 - 9 - 24 LC 55 0141
248248 (a) There is created within the Department of Community Affairs the Office of the220
249249 Community Association Ombudsman.221
250250 (b) The commissioner of community affairs shall appoint the ombudsman, who shall be222
251251 an attorney admitted to practice before the Georgia Supreme Court. The ombudsman shall223
252252 serve at the pleasure of the commissioner of community affairs.224
253253 (c) Neither the ombudsman nor any full-time employee of the ombudsman's office shall:225
254254 (1) Actively engage in any other business or profession that directly or indirectly relates226
255255 to or conflicts with his or her work in the ombudsman's office;227
256256 (2) Serve as the representative, or an executive, officer, or employee, of any political228
257257 party, executive committee, or other governing body of a political party;229
258258 (3) Receive remuneration for activities on behalf of any candidate for public office;230
259259 (4) Engage in soliciting votes or other activities on behalf of a candidate for public231
260260 office; or232
261261 (5) Become a candidate for election to public office unless he or she first resigns from233
262262 his or her office or employment.234
263263 (d) The ombudsman shall maintain his or her principal office at a place convenient to the235
264264 commissioner of community affairs, which will enable the ombudsman to expeditiously236
265265 carry out the duties and functions of his or her office. The ombudsman may establish237
266266 branch offices elsewhere in the state upon the concurrence of the commissioner of238
267267 community affairs.239
268268 44-3-281.240
269269 The ombudsman shall have the powers necessary to carry out the duties of his or her office,241
270270 including, without limitation:242
271271 (1) Employing professional and clerical staff as necessary for the efficient operation of243
272272 the office;244
273273 S. B. 356
274274 - 10 - 24 LC 55 0141
275275 (2) Preparing and issuing reports and recommendations to the Governor, the245
276276 commissioner of community affairs, the President of the Senate, and the Speaker of the246
277277 House of Representatives on any matter or subject within the jurisdiction of this article;247
278278 (3) Acting as a liaison between unit owners, or other affected parties, and community248
279279 associations, including the boards of directors, board members, officers, and managers249
280280 of such community associations;250
281281 (4) Monitoring and reviewing procedures and disputes concerning elections or meetings251
282282 of community associations;252
283283 (5) Providing resources to assist board members and officers of community associations253
284284 in carrying out their powers and duties in a manner consistent with this article, other254
285285 applicable law, and their governing documents;255
286286 (6) Acting as a neutral resource regarding the rights and responsibilities of unit owners256
287287 and community associations, including the boards of directors, board members, officers,257
288288 and managers of such community associations;258
289289 (7) Encouraging and facilitating voluntary meetings between unit owners and community259
290290 associations, including the boards of directors, board members, officers, and managers260
291291 of such community associations, when the meetings may assist in resolving a dispute261
292292 within a residential community;262
293293 (8) Assisting with the resolution of disputes between unit owners and their community263
294294 associations, or between two or more unit owners within a residential community, if264
295295 applicable, including mediating such disputes, issuing opinions with respect to such265
296296 disputes, and the making of recommendations on actions that can be taken by unit owners266
297297 and community associations to resolve such disputes;267
298298 (9) Receiving and compiling complaints and responses in relation to violations of268
299299 applicable law and the governing documents of community associations; and269
300300 (10) Promulgating and adopting such rules and regulations as may be necessary to carry270
301301 out the provisions of this article.271
302302 S. B. 356
303303 - 11 - 24 LC 55 0141
304304 44-3-282.272
305305 The ombudsman shall:273
306306 (1) Develop policies and procedures to assist unit owners and community associations,274
307307 including the boards of directors, board members, officers, and managers of such275
308308 community associations, understand their rights and responsibilities as set forth in this276
309309 article, under other applicable law, and in their governing documents;277
310310 (2) Coordinate and assist in the preparation and adoption of educational and reference278
311311 material, and shall endeavor to coordinate with private or volunteer providers of these279
312312 services, so that the availability of these resources is made known to the largest possible280
313313 audience;281
314314 (3) Assist unit owners in understanding their rights and responsibilities under applicable282
315315 law and their governing documents, including, without limitation, publishing materials283
316316 related to those rights and responsibilities;284
317317 (4) Assist board members and officers of community associations in carrying out their285
318318 duties; and286
319319 (5) Compile and maintain a registration of each community association operating within287
320320 the state which includes, at a minimum, the following information:288
321321 (A) The name, address, and phone number of the community association;289
322322 (B) The name of each person who is authorized to manage the community association;290
323323 (C) The names, mailing addresses, and telephone numbers of the board members of the291
324324 community association;292
325325 (D) The number of units in the community association;293
326326 (E) The total annual assessment required to be paid by unit owners to the community294
327327 association; and295
328328 (F) The number of foreclosures that were completed by the community association on296
329329 units within its residential community.297
330330 S. B. 356
331331 - 12 - 24 LC 55 0141
332332 44-3-283.298
333333 (a) The ombudsman shall adopt policies and procedures for submission and receipt of299
334334 complaints from unit owners and community associations regarding disputes concerning300
335335 the rights and responsibilities of unit owners and community associations or alleged301
336336 violations of the provisions of this article, other applicable law, or their governing302
337337 documents.303
338338 (b) The ombudsman shall publish a form for such complaints which, at a minimum, shall304
339339 include the following information:305
340340 (1) The unit owner's name;306
341341 (2) The name and contact information of the community association;307
342342 (3) The name of the community association management company, if any, and its contact308
343343 information, including telephone number and mailing addresses;309
344344 (4) Whether a unit owner:310
345345 (A) Was informed of the requirement of membership in a community association as311
346346 a condition of ownership, including when that information was provided and by whom;312
347347 (B) Received a copy of the governing documents of the community association and if313
348348 the copy was obtained before or after receiving title to the unit;314
349349 (C) Was denied access to the governing documents and, if so, what remedies the unit315
350350 owner took to obtain the governing documents; and316
351351 (D) Understands his or her rights and obligations under the governing documents;317
352352 (5) The nature of the unit owner's or community association's complaint; and318
353353 (6) An explanation of:319
354354 (A) Any communications between the unit owner and the community association320
355355 regarding the complaint;321
356356 (B) Any remedies the unit owner or community association sought in relation to the322
357357 complaint; and323
358358 S. B. 356
359359 - 13 - 24 LC 55 0141
360360 (C) Any actions the unit owner or community association took concerning the324
361361 complaint.325
362362 (c) Upon receiving a unit owner's or community association's complaint, the ombudsman326
363363 shall:327
364364 (1) Provide the complaint to the community association or the unit owner complained328
365365 against in a manner that verifies receipt of such complaint by the community association329
366366 or unit owner, so the unit owner or community association may determine if the unit330
367367 owner or community association desires to make a response to the complaint;331
368368 (2) Conduct an investigation into the allegations of the complaint;332
369369 (3) Offer to mediate the complaint among the affected parties, and conduct such333
370370 mediation if the affected parties agree to participate; and334
371371 (4) If practicable, issue to the affected parties his or her opinions or recommendations335
372372 with respect to the complaint. Such opinions or recommendations may include, without336
373373 limitation, a proposed course of action, including, but not limited to, waiver of any fines337
374374 imposed by a community association on a unit owner.338
375375 (d)(1) The ombudsman shall, at least annually, provide a report of all complaints339
376376 received and any opinions or recommendations issued by the ombudsman with respect340
377377 to such complaints as provided in this Code section to the Governor, the commissioner341
378378 of community affairs, the General Assembly, and to the public on the ombudsman's342
379379 public website.343
380380 (2) The report provided for in this Code section shall include categorized, filterable, and344
381381 searchable information compiled from the complaints, responses, and any opinions or345
382382 recommendations issued by the ombudsman with respect thereto. The ombudsman shall346
383383 redact from such report any personal or private information of the affected parties, such347
384384 as names, addresses, and telephone numbers of individuals, contained in the complaints,348
385385 responses, or in any opinions or recommendations issued by the ombudsman with respect349
386386 thereto.350
387387 S. B. 356
388388 - 14 - 24 LC 55 0141
389389 351
390390 44-3-284.352
391391 (a) If, in connection with a complaint received pursuant to Code Section 44-3-283, the353
392392 ombudsman recommends that any fines imposed by a community association against a unit354
393393 owner be waived, such recommendation shall be submitted by the board of directors of the355
394394 community association to the entire membership of the community association for approval356
395395 or rejection. Unless a majority of such members rejects such recommendation within 120357
396396 days from the date such recommendation is issued by the ombudsman, such358
397397 recommendation shall automatically be approved and such fines imposed by the359
398398 community association against the unit owner, together with all late fees, interest, and other360
399399 charges associated with such fines, shall be waived. During such 120 day period, the361
400400 community association shall not take any effort to collect such fines and shall not impose362
401401 any further late fees, interest, or charges with respect to such fines.363
402402 (b) This Code section shall only apply to community associations created pursuant to a364
403403 declaration executed on or after July 1, 2024.365
404404 44-3-285.366
405405 (a) Fifteen percent of the total membership in a community association, or six unit owners,367
406406 whichever is greater, may petition the ombudsman to appoint an election monitor to attend368
407407 a meeting of the community association to be held for the purpose of electing members of369
408408 the community association's board of directors and to conduct at such meeting the election370
409409 of such members of the board of directors.371
410410 (b) Upon receiving a petition for the appointment of an election monitor from a sufficient372
411411 number of unit owners pursuant to subsection (a) of this Code section, the ombudsman373
412412 shall appoint an employee of his or her office, a person who specializes in community374
413413 association election monitoring, or an attorney licensed to practice in this state as the375
414414 S. B. 356
415415 - 15 - 24 LC 55 0141
416416 election monitor who shall attend the community association meeting and conduct the376
417417 election of the members of the board of directors.377
418418 (c) The ombudsman shall, by rule or regulation, establish procedures for the appointment378
419419 of election monitors under this Code section and the scope and extent of the monitor's role379
420420 in the election process.380
421421 44-3-286.381
422422 (a) Each community association shall register annually with the ombudsman on a form382
423423 prescribed by the ombudsman, which shall include the information required to be383
424424 maintained pursuant to paragraph (5) of Code Section 44-3-282.384
425425 (b) Each community association shall pay an annual registration fee to the ombudsman in385
426426 the amount of $25.00 per unit within the residential community of such community386
427427 association. All such annual registration fees received by the ombudsman pursuant to this387
428428 subsection shall be paid into the state treasury; provided, however, that it is the intent of388
429429 the General Assembly that such fees shall be annually appropriated to the Department of389
430430 Community Affairs for the purpose of paying the expenses of the Office of the Community390
431431 Association Ombudsman and other costs associated with carrying out the provisions this391
432432 part."392
433433 SECTION 4.393
434434 All laws and parts of laws in conflict with this Act are repealed.394
435435 S. B. 356
436436 - 16 -