25 LC 50 1035
House Bill 512
By: Representatives Lewis-Ward of the 115
th
, Hugley of the 141
st
, Washburn of the 144
th
,
Powell of the 33
rd
, Campbell of the 35
th
, 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 revise provisions related to property2
owners' associations; to require such associations to provide annual certificates of good3
standing for the payment of assessments and other charges; to require such associations to4
offer participation in alternative dispute resolution prior to the creation of a lien for unpaid5
assessments and other charges; to provide for the issuance of statements of accounts; to6
provide for information required in and the manner of requesting and providing such7
statements; to provide for the effect of failure to furnish such statements as required; to8
provide for alternative dispute resolution policies and requirements therefor; to provide for9
definitions; to amend Code Section 44-14-15 of the Official Code of Georgia Annotated,10
relating to fee for a future conveyance and limited circumstances relative to property, so as11
to provide for a cross-reference; to provide for related matters; to provide for applicability;12
to repeal conflicting laws; and for other purposes.13
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:14
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SECTION 1.
15
Chapter 3 of Title 44 of the Official Code of Georgia Annotated, relating to regulation of16
specialized land transactions, is amended by revising subsection (c) of Code Section17
44-3-225, relating to assessment of expenses, exemption from liability, and liability for18
unpaid assessments, and by adding a new subsection to read as follows:19
"(c) Unless otherwise provided in the instrument and except as provided in subsection (d)20
of this Code section, the grantee in a conveyance of a lot shall be jointly and severally21
liable with the grantor thereof for all unpaid assessments against the latter up to the time22
of the conveyance without prejudice to the grantee's right to recover from the grantor the23
amounts paid by the grantee; provided, however, that,
if the grantor or grantee shall request24
a statement of account from the association as provided in subsection (d) of Code Section25
44-3-232 44-3-236, such grantee and his or her successors, successors-in-title successors26
in title, and assigns shall not be liable for nor shall the property owners' association lot27
conveyed be subject to a lien for any unpaid assessments against such grantor in excess of28
any amount set forth in the statement."29
"(e) For each lot for which all assessments and other amounts due to the association have30
been paid in full, the association or its authorized agent shall provide the lot owner a31
certificate stating that such lot is in good standing within 45 days of the end of each fiscal32
year and without cost to the lot owner."33
SECTION 2.34
Said chapter is further amended by revising subsections (a), (d), and (e) of Code Section35
44-3-232, relating to assessments against lot owners as constituting lien in favor of36
association, additional charges against lot owners, procedure for foreclosing lien, and37
obligation to provide statement of amounts due, as follows:38
"(a)(1) All sums lawfully assessed by the association against any lot owner or property39
owners' association lot, whether for the share of the common expenses pertaining to that40
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lot, fines, or otherwise, and all reasonable charges made to any lot owner or lot for
41
materials furnished or services rendered by the association at the owner's request to or on42
behalf of the lot owner or lot, shall, from the time the sums became due and payable, be43
the personal obligation of the lot owner,
and shall, from the time the association44
completes its requirements pursuant to Code Section 44-3-237, constitute a lien in favor45
of the association on the lot prior and superior to all other liens whatsoever except:46
(1)(A) Liens for ad valorem taxes on the lot;47
(2)(B) The lien of any first priority mortgage covering the lot and the lien of any48
mortgage recorded prior to the recording of the declaration; or49
(3)(C) The lien of any secondary purchase money mortgage covering the lot, provided50
that neither the grantee nor any successor grantee on the mortgage is the seller of the51
lot.52
(2) The recording of the declaration pursuant to this article shall constitute record notice53
of the existence of the lien provided for in paragraph (1) of this subsection, and no further54
recordation of any claim of lien for assessments shall be required."55
"(d) Any lot owner, mortgagee of a lot, person having executed a contract for the purchase56
of a lot, or lender considering the loan of funds to be secured by a lot shall be entitled upon57
request to a statement from the association or its management agent setting forth the58
amount of assessments past due and unpaid together with late charges and interest59
applicable thereto against that lot. Such request shall be in writing, shall be delivered to60
the registered office of the association, and shall state an address to which the statement is61
to be directed. Failure on the part of the association, within five business days from the62
receipt of such request, to mail or otherwise furnish such statement regarding amounts due63
and payable at the expiration of such five-day period with respect to the lot involved to64
such address as may be specified in the written request therefor shall cause the lien for65
assessments created by this Code section to be extinguished and of no further force or66
effect as to the title or interest acquired by the purchaser or lender, if any, as the case may67
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be, and their respective successors and assigns, in the transaction contemplated in68
connection with such request. The information specified in such statement shall be binding69
upon the association and upon every lot owner. Payment of a fee not exceeding $10.0070
may be required as a prerequisite to the issuance of such a statement if the instrument so71
provides.72
(e) Nothing in this Code section shall be construed to prohibit actions maintainable73
pursuant to Code Section 44-3-223 to recover sums for which subsection (a) of this Code74
section creates a lien."75
SECTION 3.76
Said chapter is further amended by adding new Code sections to read as follows:77
"44-3-236.78
(a) Within ten business days after receiving a written or electronic request for a statement79
of account from a lot owner or the lot owner's designee, a mortgage lender, or a mortgagee80
of a lot or the designee of such mortgagee of a lot, the association shall issue a statement81
of account as provided for in this Code section. A request for a statement of account shall82
be considered received at the time it is sent if transmitted by electronic means or by hand83
delivery, within three days if transmitted by first-class mail, and upon delivery if84
transmitted by statutory overnight delivery.85
(b) Each association shall designate on its public website or otherwise publish the name86
of a person or entity with a street or email address for receipt of a request for a statement87
of account. A statement of account may be prepared and issued by an officer, authorized88
agent, or authorized representative of the association, including any authorized agent,89
authorized representative, or employee of a management company authorized to complete90
the statement of account on behalf of the board or association. The statement of account91
shall be provided by email, electronic download, hand delivery, first-class mail, or statutory92
overnight delivery to the requester on the date of its issuance.93
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(c) A statement of account as provided for in this Code section shall contain all of the94
following information regarding the property for which the transaction is to occur:95
(1) Date of issuance;96
(2) Name of the lot owner or owners as reflected in the books and records of the97
association;98
(3) Lot designation and address;99
(4) Assigned parking or garage space number, as reflected in the books and records of100
the association, as applicable;101
(5) Attorney's name and contact information if the account is delinquent and has been102
turned over to an attorney for collection;103
(6) Name of the requester;104
(7) Assessment information and other information:105
(A) The amount of the regular periodic assessment levied against the lot and the106
frequency of such assessment;107
(B) The date through which the regular periodic assessments have been paid;108
(C) The due date for the next installment of the regular periodic assessment and the109
amount due;110
(D) An itemized list of all assessments, special assessments, and other moneys owed111
to the association for the lot as of the date of issuance of the statement of account; and112
(E) An itemized list of any additional assessments, special assessments, and other113
moneys that are scheduled to become due for each day after the date of issuance for the114
effective period of the statement of account. In calculating the amounts that are115
scheduled to become due, the association may assume that any delinquent amounts will116
remain delinquent during the effective period of the statement of account; and117
(8) Additional information:118
(A) Any open violation of any rule or regulation notice to the lot owner in the119
association official records;120
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(B) A list of and contact information for all other associations of which the lot owner121
is a member by virtue of ownership of the lot;122
(C) A copy of the current covenants and bylaws of the association and a copy of the123
rules and regulations adopted by the association;124
(D) A copy of the association's certificate of insurance for any insurance provided by125
the association for the lot or the name, address, email address, and telephone number126
of the association's insurance provider of any such insurance; and127
(E) The signature of an officer or authorized agent of the association.128
(d) A statement of account issued pursuant to this Code section shall have a 30 day129
effective period. If additional information is needed or a mistake related to the statement130
of account becomes known to the association or its agent within the effective period, an131
amended statement of account may be delivered and become effective if a sale or132
refinancing of the lot has not been completed during such effective period. An amended133
statement of account shall be delivered on the date of issuance and a new 30 day effective134
period shall begin on such date.135
(e) An association waives the right to collect any moneys owed in excess of the amounts136
specified in the statement of account from any person and such person's successors or137
assigns who in good faith rely upon such statement of account.138
(f) If the association or its agent fails to disclose in the statement of account the correct139
amount of an assessment, a special assessment, or other moneys owed to the association,140
the purchaser of the lot shall not be obligated to pay the incorrectly disclosed amount and141
any lien for the incorrectly disclosed amount owed to the association shall be extinguished.142
(g)(1) An association's authorized agent may charge the association a reasonable fee for143
the preparation and issuance of a statement of account which shall not exceed $250.00.144
(2) If a statement of account is requested on an expedited basis and issued within three145
business days after the request, the association's authorized agent may charge the146
association an additional fee of $50.00.147
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(3) Neither the association nor its authorized agent shall charge the requester of a148
statement of account pursuant to this Code section any fees associated with the149
preparation and issuance of the statement of account as provided for in this Code section.150
44-3-237.151
(a) As used in this Code section, the term 'alternative dispute resolution' means mediation,152
arbitration, conciliation, or any other nonjudicial procedure that involves a neutral third153
party in the decision-making process.154
(b)(1) An association shall adopt a written policy providing for a fair, reasonable, and155
expeditious alternative dispute resolution procedure for resolving any dispute regarding156
sums assessed by the association.157
(2) The association shall provide a copy of such policy to each lot owner annually and158
shall make a copy of such policy available to a lot owner upon request.159
(c) In developing an alternative dispute resolution procedure pursuant to this Code section,160
an association shall make maximum, reasonable use of available local alternative dispute161
resolution programs involving a neutral third party, including low-cost mediation162
programs.163
(d) A fair, reasonable, and expeditious alternative dispute resolution procedure shall, at a164
minimum, satisfy all of the following requirements:165
(1) The procedure may be invoked by a lot owner. A request invoking the procedure166
shall be in writing;167
(2) The procedure shall provide for prompt deadlines. The procedure shall state the168
maximum time for the association to act on a request invoking the procedure;169
(3) If the procedure is invoked by a lot owner, the association shall participate in the170
procedure; and171
(4) A lot owner shall not be charged a fee to participate.172
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(e) The lien for unpaid assessments or other charges as provided for in Code Section173
44-3-225 shall not be created unless the association offers the lot owner participation in174
alternative dispute resolution in accordance with this Code section, and, if so requested by175
the lot owner, the association participates in such alternative dispute resolution."176
SECTION 4.177
Code Section 44-14-15 of the Official Code of Georgia Annotated, relating to fee for a future178
conveyance and limited circumstances relative to property, is amended by revising paragraph179
(3) of subsection (c) as follows:180
"(3) A property owners' association formed for the purposes of exercising the powers of181
an association of property owners that has not been formed pursuant to or which has not182
adopted the provisions of Article 6 of Chapter 3 of this title, the 'Georgia Property183
Owners' Association Act,' provided that such association shall comply with subsection184
(d) of Code Section 44-3-232 44-3-236;"185
SECTION 5.186
This Act shall not apply to contracts entered into prior to July 1, 2025, before the expiration187
or first renewal of such contract.188
SECTION 6.189
All laws and parts of laws in conflict with this Act are repealed.190
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