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GA SB136

Bill

Status

Passed

5/2/2012

Primary Sponsor

Bill Hamrick

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Origin

Senate

2011-2012 Regular Session

AI Summary

  • Unit owners may seek early transfer of control from a condominium declarant if the declarant fails to incorporate the association, appoint directors/officers, maintain a list of current directors and officers, call annual member meetings, or prepare and distribute an annual operating budget and assessment within 30 days of the fiscal year start
  • Owners must first send the declarant written notice of noncompliance via certified mail or statutory overnight delivery to the declarant's principal office, providing a 30-day opportunity to cure the identified failures
  • If the declarant fails to cure deficiencies within 30 days, any owner (individually or jointly) may file a petition in the superior court of the county where the condominium is located to obtain a court order granting owners control of the association
  • The superior court may hold a hearing and issue a summary ruling no earlier than 20 days after service of the petition, and must award prevailing owners all reasonable attorney's fees and costs
  • Amends O.C.G.A. § 44-3-101 by adding a new subsection (c) that operates notwithstanding and prior to the usual expiration of the declarant's control period under existing law

Legislative Description

Property; provide for transfer of control of a condominium association in certain circumstances

Last Action

Effective Date

7/1/2012

Committee Referrals

Judiciary2/1/2012
Judiciary2/23/2011

Full Bill Text

No bill text available