Possible Amendment to Georgia Condo Act   Leave a comment

Georgia State Capitol

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The Georgia legislature has a bill pending for the next legislative session (SB 136) which, if passed into law, may help owners in condominium associations where the developer/declarant remains in control of the condominium association.

Essentially, the bill amends O.C.G.A. 44-3-101 to provide that certain failures to act, by the declarant, would allow owners a way to gain control of the condominium association via petition to the superior court of the county in which the condominium is located. 

For condominium unit owners, particularly those in condominiums that “stalled out” due to the economic downturn, this bill is worth watching.  Note though, that it is ONLY applicable to Georgia condominiums, and not other types of homeowner or property owner associations.  If you are unsure if you are dealing with a condominium or another type of association, you should seek knowledgeable legal advice.


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