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GA HB220
Bill
Status
4/22/2024
Primary Sponsor
Rob Leverett
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AI Summary
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Condominium and property owners' associations may pursue injunctive relief to enforce instruments, rules, and regulations without first exhausting other remedies, after providing notice per the instrument or 10 days' written notice if the instrument is silent; no notice is required when violations present clear and imminent danger to life, person, or property.
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Explicitly adds enforcement of all lawful provisions of condominium and property owners' association instruments as a enumerated power of both condominium associations (Code Section 44-3-106) and property owners' associations (Code Section 44-3-231), including actions for damages, injunctive relief, and recovery of sums due.
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Property owners' associations may impose fines but such fines shall not impact voting rights; voting rights may only be temporarily suspended for failure to pay regular and special assessments, and lot owners may not be denied the right to vote in board elections based on outstanding fines.
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Planned subdivisions with 15 or more individual plots are granted statutory enforcement tools, allowing homeowners' or common interest community associations to pursue injunctive relief, impose fines, and temporarily suspend voting rights and use of common areas to enforce covenants, without requiring other remedies to be pursued first.
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If a property owners' association fails to hold an annual meeting by the end of its fiscal year, holders of at least 5 percent of the voting power (or another amount specified in bylaws, but no more than 25 percent) may call a meeting by delivering a signed, written demand to any corporate officer.
Legislative Description
Property; means of enforcement of condominium and property owners' association instruments, rules, and regulations; provide
Last Action
Effective Date 2024-07-01
4/22/2024