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GA HB685
Bill
Status
Introduced
3/27/2015
Primary Sponsor
Brian Strickland
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AI Summary
- Amends the statute of limitations for restrictive covenant breaches so that for continuous violations resulting from an act or omission, the right of action accrues each time the act or omission occurs, rather than only upon initial violation
- Allows a condominium association to expand the condominium after the declarant's right to expand has expired, provided unit owners holding two-thirds of association votes (excluding declarant-owned units) consent, and the original governing documents contained an explicit expansion reservation within the first seven years of recording
- Establishes procedures for unit owners to take control of a condominium association or property owners' association when a declarant fails obligations such as incorporating the association, appointing directors, calling annual meetings, preparing budgets, or paying property taxes on common property for two or more years
- Extends the same owner-takeover procedures to planned subdivisions with 15 or more plots governed by restrictive covenants, allowing plot owners to seek control of the covenant-enforcement entity through superior court action
- Requires a 30-day written cure notice to the declarant or entity (sent by certified mail or statutory overnight delivery) before owners may file a direct action in superior court, with mandatory attorney's fees and costs awarded to prevailing owners
Legislative Description
Georgia Real Property Common Interest Act; enact
Last Action
House Committee Favorably Reported By Substitute
2/25/2016
Committee Referrals
Judiciary3/31/2015
Full Bill Text
No bill text available