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GA HB1088

Bill

Status

Passed

5/2/2022

Primary Sponsor

Stan Gunter

Click for details

Origin

House of Representatives

2021-2022 Regular Session

AI Summary

  • Owners' associations are authorized to foreclose on time-share estates through nonjudicial power of sale to collect unpaid assessments and other charges, as an alternative to existing judicial foreclosure procedures
  • Written notice of sale must be sent to the owner by registered/certified mail or statutory overnight delivery at least 30 days before the proposed sale, with written notice also provided to any lien holders
  • The sale must be advertised once a week for four consecutive calendar weeks in the county's sheriff's advertisement newspaper and must occur on a legal sale day at the legal place of sale in the county where the development is located
  • A completed sale divests the owner of all right, title, and interest, vesting fee simple title in the purchaser; sale proceeds are distributed first according to statutory lien priorities, then to unpaid assessments, then to association expenses including attorneys' fees, with any remainder paid to the owner
  • The owners' association is constituted as the irrevocable attorney-in-fact of the time-share owner for purposes of executing the power of sale and conveying title to the purchaser

Legislative Description

Property; nonjudicial foreclosure of time-share estates; authorize

Last Action

Effective Date 2022-05-02

5/2/2022

Committee Referrals

Judiciary2/28/2022
Judiciary2/1/2022

Full Bill Text

No bill text available