| 1 | 1 | | 25 LC 62 0034 |
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| 2 | 2 | | House Bill 62 |
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| 3 | 3 | | By: Representatives Scott of the 76 |
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| 4 | 4 | | th |
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| 5 | 5 | | , Davis of the 87 |
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| 6 | 6 | | th |
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| 7 | 7 | | , and Schofield of the 63 |
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| 8 | 8 | | rd |
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| 9 | 9 | | |
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| 10 | 10 | | A BILL TO BE ENTITLED |
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| 11 | 11 | | AN ACT |
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| 12 | 12 | | To amend Articles 3 and 6 of Chapter 3 of Title 44 of the Official Code of Georgia |
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| 13 | 13 | | 1 |
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| 14 | 14 | | Annotated, relating to condominium associations and property owners' associations,2 |
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| 15 | 15 | | respectively, so as to provide requirements for board members for condominium associations3 |
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| 16 | 16 | | and property owners' associations; to provide for allocation of votes; to provide for proxies;4 |
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| 17 | 17 | | to provide for quorums; to provide for residency for board members; to provide for size5 |
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| 18 | 18 | | requirements for boards; to provide for board elections, filing, and certification; to provide6 |
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| 19 | 19 | | for contests of election results; to provide for annual registration requirements for such7 |
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| 20 | 20 | | associations; to provide for a short title; to provide for a purpose; to provide for related8 |
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| 21 | 21 | | matters; to provide for an effective date and applicability; to provide for severability; to9 |
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| 22 | 22 | | repeal conflicting laws; and for other purposes.10 |
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| 23 | 23 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:11 |
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| 24 | 24 | | SECTION 1.12 |
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| 25 | 25 | | This Act shall be known as the "Georgia HOA Accountability and Community13 |
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| 26 | 26 | | Empowerment Act (HACEA)."14 |
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| 27 | 27 | | H. B. 62 |
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| 28 | 28 | | - 1 - 25 LC 62 0034 |
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| 29 | 29 | | SECTION 2. |
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| 30 | 30 | | 15 |
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| 31 | 31 | | The purpose of this Act is to establish fair, transparent, and enforceable regulations for16 |
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| 32 | 32 | | homeowners' associations, including condominium associations and property owner's17 |
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| 33 | 33 | | associations, to ensure accountability, enhance resident engagement, and protect the interests18 |
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| 34 | 34 | | of community members.19 |
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| 35 | 35 | | SECTION 3.20 |
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| 36 | 36 | | Article 3 of Chapter 3 of Title 44 of the Official Code of Georgia Annotated, relating to21 |
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| 37 | 37 | | condominiums, is amended by revising paragraph (8) of subsection (a) of Code22 |
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| 38 | 38 | | Section 44-3-77, relating to contents of declaration, as follows:23 |
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| 39 | 39 | | "(8) The allocation to each unit of a number of votes |
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| 40 | 40 | | in the association of one vote in24 |
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| 41 | 41 | | accordance with Code Section 44-3-79."25 |
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| 42 | 42 | | SECTION 4.26 |
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| 43 | 43 | | Said article is further amended by revising Code Section 44-3-79, relating to27 |
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| 44 | 44 | | allocation – votes in association, how votes cast, and majority vote requirements, as follows:28 |
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| 45 | 45 | | "44-3-79.29 |
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| 46 | 46 | | (a) The declaration shall allocate a number of votes in the association to each unit depicted30 |
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| 47 | 47 | | on plats or plans that comply with subsections (a) and (b) of Code Section 44-3-83. The31 |
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| 48 | 48 | | allocation of such votes may be by percentage, fraction, formula, or any other method32 |
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| 49 | 49 | | which indicates the relative voting power allocated to each unit. If an equal vote is33 |
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| 50 | 50 | | allocated to each unit, the declaration may merely so state. All of the votes in the34 |
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| 51 | 51 | | association shall be allocated among the units depicted on such plats or plans and shall be35 |
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| 52 | 52 | | subject to reallocation as provided in this article one vote to each unit.36 |
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| 53 | 53 | | (b) Since a unit owner may be more than one person, if only one of those persons is37 |
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| 54 | 54 | | present at a meeting of the association or is voting by proxy, ballot, or written consent, that38 |
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| 55 | 55 | | such person shall be entitled to cast the votes vote pertaining to that unit. However, if more39 |
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| 56 | 56 | | H. B. 62 |
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| 57 | 57 | | - 2 - 25 LC 62 0034 |
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| 58 | 58 | | than one of those such persons is are present or each executes a proxy, ballot, or written40 |
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| 59 | 59 | | consent, the vote pertaining to that unit shall be cast only in accordance with their41 |
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| 60 | 60 | | unanimous agreement unless the condominium instruments expressly provide otherwise;42 |
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| 61 | 61 | | and such consent shall be conclusively presumed if any one of them purports to cast the43 |
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| 62 | 62 | | votes vote pertaining to that unit without protest being made immediately by any of the44 |
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| 63 | 63 | | others to the person presiding over the meeting or vote.45 |
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| 64 | 64 | | (c) The votes vote pertaining to any unit may, and, in the case of any unit owner not a46 |
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| 65 | 65 | | natural person or persons, shall, be cast pursuant to a proxy or proxies duly executed by or47 |
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| 66 | 66 | | on behalf of the unit owner or, in cases where the unit owner is more than one person, by48 |
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| 67 | 67 | | or on behalf of the joint owners of the unit. No such proxy shall be revocable except as49 |
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| 68 | 68 | | provided in Code Section 14-2-722 or 14-3-724 or by written notice delivered to the50 |
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| 69 | 69 | | association by the unit owner or by any joint owners of a unit. Any proxy shall be void if51 |
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| 70 | 70 | | it is not dated or if it purports to be revocable without such notice. Any proxy shall also52 |
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| 71 | 71 | | reasonably identify the unit owner or owners and the unit for which it is a proxy. If such53 |
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| 72 | 72 | | proxy does not reasonably identify the unit owner or owners and the unit for which it is a54 |
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| 73 | 73 | | proxy, such proxy shall be void.55 |
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| 74 | 74 | | (d) Except in the case of any condominium of which no part is restricted exclusively to56 |
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| 75 | 75 | | residential use, if 50 percent or more of the votes in the association pertain to 25 percent57 |
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| 76 | 76 | | or less of the condominium units, then in any case where a majority vote is required by the58 |
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| 77 | 77 | | condominium instruments or by this article the requirement for such a majority shall be59 |
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| 78 | 78 | | deemed to include, in addition to the specified majority of the votes, assent by the unit60 |
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| 79 | 79 | | owners of a like majority of the condominium units.61 |
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| 80 | 80 | | (e)(d) Anything in this Code section to the contrary notwithstanding, no votes vote in the62 |
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| 81 | 81 | | association shall be deemed to pertain to any condominium unit during such time as the63 |
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| 82 | 82 | | unit owner thereof is the association nor shall any vote be allocated to any condominium64 |
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| 83 | 83 | | unit unless the condominium unit is depicted on plats or plans that comply with65 |
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| 84 | 84 | | subsections (a) and (b) of Code Section 44-3-83. Except to the extent otherwise expressly66 |
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| 85 | 85 | | H. B. 62 |
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| 86 | 86 | | - 3 - 25 LC 62 0034 |
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| 87 | 87 | | provided or permitted by this article, the votes vote allocated to any condominium unit67 |
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| 88 | 88 | | shall not be altered."68 |
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| 89 | 89 | | SECTION 5.69 |
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| 90 | 90 | | Said article is further amended by revising Code Sections 44-3-103 and 44-3-104, relating70 |
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| 91 | 91 | | to quorums at meetings of association or board and directors and officers and eligibility,71 |
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| 92 | 92 | | respectively, as follows;72 |
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| 93 | 93 | | "44-3-103.73 |
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| 94 | 94 | | (a) Unless the condominium instruments or bylaws provide otherwise, a quorum shall be74 |
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| 95 | 95 | | deemed present throughout any meeting, except the annual meeting, of the members of the75 |
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| 96 | 96 | | association if persons entitled to cast more than one-third of the votes are present at the76 |
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| 97 | 97 | | beginning of the meeting. Unless the condominium instruments or bylaws specify a larger77 |
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| 98 | 98 | | percentage, the presence of persons entitled to cast one-half of the votes of the board of78 |
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| 99 | 99 | | directors shall constitute a quorum for the transaction of any business at any meeting of the79 |
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| 100 | 100 | | board.80 |
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| 101 | 101 | | (b) A quorum shall be deemed present throughout any annual meeting of the members of81 |
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| 102 | 102 | | the association. Decisions and elections may proceed regardless of the number of members82 |
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| 103 | 103 | | of the association in attendance at such meeting.83 |
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| 104 | 104 | | 44-3-104.84 |
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| 105 | 105 | | (a) If the condominium instruments provide that any member of the board of directors or85 |
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| 106 | 106 | | any officer of the association must be a unit owner, then, notwithstanding paragraph (1) of86 |
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| 107 | 107 | | subsection (a) of Code Section 44-3-75, the Members of a board of directors or any officer87 |
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| 108 | 108 | | of an association shall be a unit owner with residency in the community. A unit owner88 |
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| 109 | 109 | | establishes residency by being a unit owner of a condominium governed by the89 |
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| 110 | 110 | | condominium association, paying utilities for the unit, using the unit address for voter90 |
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| 111 | 111 | | registration, and listing the unit on his or her driver's license or other government91 |
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| 112 | 112 | | H. B. 62 |
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| 113 | 113 | | - 4 - 25 LC 62 0034 |
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| 114 | 114 | | identification. Nonresident individuals shall not be eligible to serve on the board. The92 |
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| 115 | 115 | | term 'unit owner' in such context shall, unless the condominium instruments otherwise93 |
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| 116 | 116 | | provide, be deemed to include, without limitation, any shareholder, director, officer, partner94 |
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| 117 | 117 | | in, or trustee of any person who is, either alone or in conjunction with any other person or95 |
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| 118 | 118 | | persons, a unit owner. Any individual who would not be eligible to serve as a member of96 |
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| 119 | 119 | | the board of directors or officer were he or she not a shareholder, director, officer, partner97 |
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| 120 | 120 | | in, or trustee of such a person shall be deemed to have disqualified himself or herself from98 |
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| 121 | 121 | | continuing in office if he or she ceases to have any such affiliation with that such person.99 |
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| 122 | 122 | | (b) A board of directors shall consist of three or more individuals. Only one individual100 |
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| 123 | 123 | | residing in a unit shall be eligible to serve on such board at any time.101 |
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| 124 | 124 | | (c) The association shall provide proof of meeting the minimum number of board members102 |
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| 125 | 125 | | as part of filing its annual registration for the Secretary of State pursuant to Code103 |
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| 126 | 126 | | Section 14-2-1622 or Code Section 14-3-1622.104 |
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| 127 | 127 | | (d) Failure to meet the requirements in subsection (c) of this Code section shall subject the105 |
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| 128 | 128 | | condominium association to administrative suspension by the Secretary of State until the106 |
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| 129 | 129 | | following conditions are met:107 |
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| 130 | 130 | | (1) A successful election is held to reinstate the board with at least three members; and108 |
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| 131 | 131 | | (2) A reinstatement request providing proof of meeting the minimum number of board109 |
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| 132 | 132 | | members is submitted and approved by the Secretary of State."110 |
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| 133 | 133 | | SECTION 6.111 |
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| 134 | 134 | | Said article is further amended by adding new Code sections to read as follows:112 |
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| 135 | 135 | | "44-3-104.1.113 |
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| 136 | 136 | | (a) Elections of board members shall be held not less frequently than annually. Board114 |
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| 137 | 137 | | members shall be elected by winning a majority of the voting units. Elections shall be held115 |
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| 138 | 138 | | in accordance with the term limits set forth in the association's bylaws.116 |
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| 139 | 139 | | H. B. 62 |
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| 140 | 140 | | - 5 - 25 LC 62 0034 |
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| 141 | 141 | | (b) Ballots shall include the names of candidates and shall be given to each voting117 |
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| 142 | 142 | | member, including such members voting by proxy.118 |
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| 143 | 143 | | (c) The association shall maintain electronic scans of each ballot to be made available for119 |
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| 144 | 144 | | inspection by unit owners for one year following any election for board members.120 |
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| 145 | 145 | | (d) Election results shall be filed with the Secretary of State's Corporations Division121 |
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| 146 | 146 | | within 30 days of such election.122 |
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| 147 | 147 | | (e) The Secretary of State shall certify election results not fewer than 30 days nor more123 |
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| 148 | 148 | | than 45 days after such election or more than 15 days after the Secretary of State's124 |
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| 149 | 149 | | Corporations Division resolves election contests, whichever is later. The Secretary of125 |
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| 150 | 150 | | State's Corporations Division shall maintain certified election records for at least three126 |
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| 151 | 151 | | years after certification.127 |
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| 152 | 152 | | 44-3-104.2.128 |
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| 153 | 153 | | (a) A petition to contest the result of an election provided for in Code Section 44-3-104.1129 |
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| 154 | 154 | | shall be filed with the Secretary of State's Corporations Division by a unit owner within130 |
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| 155 | 155 | | seven days of an association filing an election result with such division. Such petition shall131 |
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| 156 | 156 | | allege:132 |
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| 157 | 157 | | (1) The contestant's qualification to institute the contest;133 |
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| 158 | 158 | | (2) The contestant's desire to contest the result of such election;134 |
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| 159 | 159 | | (3) The name of each person who was a candidate at such election;135 |
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| 160 | 160 | | (4) Each ground of contest;136 |
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| 161 | 161 | | (5) The date the association filed the result of such election with the Secretary of State's137 |
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| 162 | 162 | | Corporations Division;138 |
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| 163 | 163 | | (6) The relief sought; and139 |
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| 164 | 164 | | (7) Such other facts as are necessary to provide a full, particular, and explicit statement140 |
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| 165 | 165 | | of such contest.141 |
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| 166 | 166 | | H. B. 62 |
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| 167 | 167 | | - 6 - 25 LC 62 0034 |
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| 168 | 168 | | (b) Such contestant may file documentation and other evidence to support the contest with142 |
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| 169 | 169 | | the petition.143 |
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| 170 | 170 | | (c) The petition shall be verified by the affidavit of each contestant. Such affidavit shall144 |
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| 171 | 171 | | be taken and subscribed before some person authorized by law to administer oaths and145 |
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| 172 | 172 | | shall state that the contestant believes the facts alleged therein are true and that according146 |
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| 173 | 173 | | to the best of his or her knowledge and belief the contested result of the election is incorrect147 |
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| 174 | 174 | | and the petition to contest the same is made in good faith.148 |
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| 175 | 175 | | (d) Upon the filing of a petition provided for in this Code section, the Secretary of State's149 |
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| 176 | 176 | | Corporations Division shall issue to the association notice requiring the association to150 |
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| 177 | 177 | | answer such petition by a day to be fixed in such notice not more than ten days nor fewer151 |
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| 178 | 178 | | than five days after the service of such notice. Such notice shall be sent to the association152 |
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| 179 | 179 | | by certified mail.153 |
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| 180 | 180 | | (e) After the filing of a petition and answer, the Secretary of State's Corporations Division154 |
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| 181 | 181 | | shall render a decision on the petition not more than 15 days after the filing of such answer. 155 |
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| 182 | 182 | | When a contestant prevails, the election for board members shall be repeated. When the156 |
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| 183 | 183 | | association prevails, the results of such election shall stand as filed with the Secretary of157 |
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| 184 | 184 | | State's Corporations Division.158 |
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| 185 | 185 | | (f) Petitions filed pursuant to this Code section after the Secretary of State's Corporations159 |
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| 186 | 186 | | Division has certified the election but on or before seven days after the association filed the160 |
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| 187 | 187 | | election result shall be deemed timely.161 |
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| 188 | 188 | | 44-3-104.3.162 |
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| 189 | 189 | | The Secretary of State is authorized to investigate complaints, enforce compliance, and163 |
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| 190 | 190 | | impose penalties for violations of this Act."164 |
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| 191 | 191 | | H. B. 62 |
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| 192 | 192 | | - 7 - 25 LC 62 0034 |
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| 193 | 193 | | SECTION 7. |
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| 194 | 194 | | 165 |
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| 195 | 195 | | Article 6 of Chapter 3 of Title 44, relating to property owners' associations, is amended by166 |
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| 196 | 196 | | revising Code Section 44-3-224, relating to voting at association meetings, as follows:167 |
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| 197 | 197 | | "44-3-224.168 |
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| 198 | 198 | | (a) The declaration shall allocate one vote to each lot. |
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| 199 | 199 | | 169 |
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| 200 | 200 | | (a)(b) Since a lot owner may be more than one person, if only one of those persons is170 |
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| 201 | 201 | | present at a meeting of the association, or is voting by proxy, ballot, or written consent, that171 |
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| 202 | 202 | | such person shall be entitled to cast the votes vote pertaining to that lot. However, if more172 |
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| 203 | 203 | | than one of those such persons is are present, or each executes a proxy, ballot, or written173 |
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| 204 | 204 | | consent, the vote pertaining to that lot shall be cast only in accordance with their174 |
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| 205 | 205 | | unanimous agreement unless the instrument expressly provides otherwise; and such175 |
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| 206 | 206 | | consent shall be conclusively presumed if any one of them purports to cast the votes vote176 |
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| 207 | 207 | | pertaining to that lot without protest being made immediately by any of the others to the177 |
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| 208 | 208 | | person presiding over the meeting or vote.178 |
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| 209 | 209 | | (b)(c) The votes vote pertaining to any lot may, and, in the case of any lot owner not a179 |
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| 210 | 210 | | natural person or persons, shall, be cast pursuant to a proxy or proxies duly executed by or180 |
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| 211 | 211 | | on behalf of the lot owner or, in cases where the lot owner is more than one person, by or181 |
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| 212 | 212 | | on behalf of the joint owners of the lot. No such proxy shall be revocable except as182 |
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| 213 | 213 | | provided in Code Section 14-2-722 or Code Section 14-3-724 or by written notice183 |
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| 214 | 214 | | delivered to the association by the lot owner or by any joint owners of a lot. Any proxy184 |
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| 215 | 215 | | shall be void if it is not dated or if it purports to be revocable without such notice. Any185 |
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| 216 | 216 | | proxy shall reasonably identify the lot owner or owners and the lot for which it is a proxy. 186 |
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| 217 | 217 | | If such proxy does not reasonably identify the lot owner or owners and the lot for which187 |
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| 218 | 218 | | it is a proxy, such proxy shall be void."188 |
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| 219 | 219 | | SECTION 8.189 |
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| 220 | 220 | | Said article is further amended by adding new Code sections to read as follows:190 |
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| 221 | 221 | | H. B. 62 |
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| 222 | 222 | | - 8 - 25 LC 62 0034 |
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| 223 | 223 | | "44-3-227.1.191 |
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| 224 | 224 | | (a) Members of a board or any officer of an association shall be a lot owner with residency192 |
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| 225 | 225 | | in the community. A lot owner establishes residency by being a lot owner of property193 |
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| 226 | 226 | | governed by the property owners' association, paying utilities for the lot, using the lot194 |
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| 227 | 227 | | address for voter registration, and listing the lot on his or her driver's license or other195 |
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| 228 | 228 | | government identification. Nonresident individuals shall not be eligible to serve on the196 |
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| 229 | 229 | | board. The term 'lot owner' in such context shall, unless the instrument otherwise provides,197 |
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| 230 | 230 | | be deemed to include, without limitation, any shareholder, director, officer, partner in, or198 |
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| 231 | 231 | | trustee of any person who is, either alone or in conjunction with any other person or199 |
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| 232 | 232 | | persons, a lot owner. Any individual who would not be eligible to serve as a board member200 |
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| 233 | 233 | | or officer were he or she not a shareholder, director, officer, partner in, or trustee of such201 |
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| 234 | 234 | | a person shall be deemed to have disqualified himself or herself from continuing in office202 |
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| 235 | 235 | | if he or she ceases to have any such affiliation with such person.203 |
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| 236 | 236 | | (b) A board shall consist of three or more individuals. Only one individual residing on a204 |
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| 237 | 237 | | property shall be eligible to serve on a board at any time.205 |
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| 238 | 238 | | (c) The association shall provide proof of meeting the minimum number of board members206 |
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| 239 | 239 | | as part of filing its annual registration for the Secretary of State pursuant to Code207 |
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| 240 | 240 | | Section 14-2-1622 or Code Section 16-3-1622.208 |
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| 241 | 241 | | (d) Failure to meet the requirements in subsection (c) of this Code section shall subject the209 |
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| 242 | 242 | | property owner's association to administrative suspension by the Secretary of State until210 |
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| 243 | 243 | | the following conditions are met:211 |
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| 244 | 244 | | (1) A successful election is held to reinstate the board with at least three members; and212 |
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| 245 | 245 | | (2) A reinstatement request providing proof of meeting the minimum number of board213 |
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| 246 | 246 | | members is submitted and approved by the Secretary of State.214 |
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| 247 | 247 | | H. B. 62 |
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| 248 | 248 | | - 9 - 25 LC 62 0034 |
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| 249 | 249 | | 44-3-227.2.215 |
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| 250 | 250 | | (a) Elections of board members shall be held not less frequently than annually. Board216 |
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| 251 | 251 | | members shall be elected by winning a majority of the voting lot owners. Elections shall217 |
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| 252 | 252 | | be held in accordance with the term limits set forth in the association's bylaws.218 |
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| 253 | 253 | | (b) Ballots shall include the names of candidates and shall be given to each voting219 |
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| 254 | 254 | | member, including such members voting by proxy.220 |
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| 255 | 255 | | (c) The association shall maintain electronic scans of each ballot to be made available for221 |
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| 256 | 256 | | inspection by lot owners following any election for board members.222 |
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| 257 | 257 | | (d) Election results shall be filed with the Secretary of State's Corporations Division223 |
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| 258 | 258 | | within 30 days of such election.224 |
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| 259 | 259 | | (e) The Secretary of State shall certify board election results not fewer than 30 days nor225 |
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| 260 | 260 | | more than 45 days after such election or more than 15 days after the Secretary of State's226 |
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| 261 | 261 | | Corporations Division resolves election contests, whichever is later. The Secretary of227 |
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| 262 | 262 | | State's Corporations Division shall maintain certified election records for at least three228 |
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| 263 | 263 | | years after certification.229 |
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| 264 | 264 | | 44-3-227.3.230 |
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| 265 | 265 | | (a) A petition to contest the election result shall be filed with the Secretary of State's231 |
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| 266 | 266 | | Corporations Division by a lot owner within seven days of an association filing an election232 |
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| 267 | 267 | | result with such division. Such petition shall allege:233 |
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| 268 | 268 | | (1) The contestant's qualification to institute the contest;234 |
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| 269 | 269 | | (2) The contestant's desire to contest the result of such election;235 |
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| 270 | 270 | | (3) The name of each person who was a candidate at such election;236 |
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| 271 | 271 | | (4) Each ground of contest;237 |
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| 272 | 272 | | (5) The date the association filed the result with the Secretary of State's Corporations238 |
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| 273 | 273 | | Division;239 |
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| 274 | 274 | | (6) The relief sought; and240 |
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| 275 | 275 | | H. B. 62 |
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| 276 | 276 | | - 10 - 25 LC 62 0034 |
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| 277 | 277 | | (7) Such other facts as are necessary to provide a full, particular, and explicit statement241 |
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| 278 | 278 | | of such contest.242 |
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| 279 | 279 | | (b) Such contestant may file documentation and other evidence to support the contest with243 |
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| 280 | 280 | | the petition.244 |
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| 281 | 281 | | (c) The petition shall be verified by the affidavit of each contestant. Such affidavit shall245 |
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| 282 | 282 | | be taken and subscribed before some person authorized by law to administer oaths and246 |
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| 283 | 283 | | shall state that the contestant believes the facts alleged therein are true and that according247 |
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| 284 | 284 | | to the best of his or her knowledge and belief the contested result of the election is incorrect248 |
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| 285 | 285 | | and the petition to contest the same is made in good faith.249 |
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| 286 | 286 | | (d) Upon the filing of a petition provided for in this Code section, the Secretary of State's250 |
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| 287 | 287 | | Corporations Division shall issue to the association notice requiring the association to251 |
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| 288 | 288 | | answer such petition by a day to be fixed in such notice not more than ten days nor fewer252 |
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| 289 | 289 | | than five days after the service of such notice. Such notice shall be sent to the association253 |
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| 290 | 290 | | by certified mail.254 |
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| 291 | 291 | | (e) After the filing of a petition and answer, the Secretary of State's Corporations Division255 |
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| 292 | 292 | | shall render a decision on the petition not more than 15 days after such filing of the answer. 256 |
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| 293 | 293 | | When a contestant prevails, the election for the board members shall be repeated. When257 |
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| 294 | 294 | | the association prevails, the results of such election shall stand as filed with the Secretary258 |
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| 295 | 295 | | of State's Corporations Division.259 |
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| 296 | 296 | | (f) Petitions filed pursuant to this Code section after the Secretary of State's Corporations260 |
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| 297 | 297 | | Division has certified the election but on or before seven days after the association filed the261 |
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| 298 | 298 | | election result shall be deemed timely.262 |
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| 299 | 299 | | 44-3-227.4.263 |
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| 300 | 300 | | The Secretary of State is authorized to investigate complaints, enforce compliance, and264 |
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| 301 | 301 | | impose penalties for violations of this Act."265 |
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| 302 | 302 | | H. B. 62 |
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| 303 | 303 | | - 11 - 25 LC 62 0034 |
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| 304 | 304 | | SECTION 9. |
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| 305 | 305 | | 266 |
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| 306 | 306 | | Said article is further amended by revising Code Section 44-3-228, relating to presence of267 |
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| 307 | 307 | | quorums at meetings, as follows:268 |
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| 308 | 308 | | "44-3-228.269 |
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| 309 | 309 | | (a) |
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| 310 | 310 | | Unless the instrument or bylaws provide otherwise, a quorum shall be deemed present270 |
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| 311 | 311 | | throughout any meeting, except the annual meeting, of the members of the association if271 |
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| 312 | 312 | | persons entitled to cast more than one-third of the votes are present at the beginning of the272 |
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| 313 | 313 | | meeting. Unless the instrument or bylaws specify a larger percentage, the presence of273 |
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| 314 | 314 | | persons entitled to cast one-half of the votes of the board of directors shall constitute a274 |
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| 315 | 315 | | quorum for the transaction of business at any meeting of the board.275 |
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| 316 | 316 | | (b) A quorum shall be deemed present throughout any annual meeting of the members of276 |
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| 317 | 317 | | the association. Decisions and elections may proceed regardless of the number of members277 |
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| 318 | 318 | | of the association in attendance at such meeting."278 |
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| 319 | 319 | | SECTION 10.279 |
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| 320 | 320 | | This Act shall become effective six months after its approval by the Governor and shall apply280 |
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| 321 | 321 | | to any condominium association or property owners' association created on or after such date,281 |
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| 322 | 322 | | any association election held on or after such date, any annual meeting held on or after such282 |
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| 323 | 323 | | date, and any annual registration filed on or after such date.283 |
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| 324 | 324 | | SECTION 11.284 |
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| 325 | 325 | | The provisions of this Act are severable, and if any of its provisions shall be held285 |
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| 326 | 326 | | unconstitutional by any court of competent jurisdiction, the decision of such court shall not286 |
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| 327 | 327 | | affect or impair any of the remaining provisions.287 |
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| 328 | 328 | | SECTION 12.288 |
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| 329 | 329 | | All laws and parts of laws in conflict with this Act are repealed.289 |
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| 330 | 330 | | H. B. 62 |
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| 331 | 331 | | - 12 - |
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