Georgia Condominium Act

44-3-70 G

*** CODE SECTION *** 12/03/01

44-3-70.

This article shall be known and may be cited as the “Georgia

Condominium Act.”

44-3-71 G

*** CODE SECTION *** 12/03/01

44-3-71.

As used in this article, the term:

(1) “Additional property” means any property which may be added to

an expandable condominium in accordance with the provisions of the

declaration and this article.

(2) “Association” means a corporation formed for the purpose of

exercising the powers of the association of any condominium

created pursuant to this article.

(3) “Board of directors” or “board” means an executive and

administrative body, by whatever name denominated, designated in

the condominium instruments as the governing body of the

association.

(4) “Common elements” means all portions of the condominium other

than the units.

(5) “Common expenses” means all expenditures lawfully made or

incurred by or on behalf of the association together with all

funds lawfully assessed for the creation and maintenance of

reserves pursuant to the provisions of the condominium

instruments.

(6) “Common profits” means all income collected or accrued by or

on behalf of the association other than income derived from

assessments pursuant to Code Section 44-3-80.

(7) “Condominium” means the property lawfully submitted to this

article by the recordation of condominium instruments pursuant to

this article. No property shall be deemed to be a condominium

within the meaning of this article unless undivided interests in

common elements are vested in the unit owners.

(8) “Condominium instruments” means the declaration and plats and

plans recorded pursuant to this article. Any exhibit, schedule, or

certification accompanying a condominium instrument and recorded

simultaneously therewith shall be deemed an integral part of that

condominium instrument. Any amendment or certification of any

condominium instrument shall, from the time of the recordation of

such amendment or certification, be deemed an integral part of the affected condominium instrument so long as such amendment or

certification was made in accordance with this article.

(9) “Condominium unit” means a unit, as defined in paragraph (28)

of this Code section, together with the undivided interest in the

common elements appertaining to that unit.

(10) “Conversion condominium” means a condominium all or part of

which may be used for residential purposes, which condominium

contains any building or portion thereof that at any time before

the recording of the declaration was occupied wholly or partially

by persons other than persons who, at the time of the recording,

had contractual rights to acquire one or more units within the

condominium. This paragraph shall not apply to any condominium

created prior to July 1, 1980, or to the expansion of any such

condominium.

(11) “Convertible space” means a portion of a structure within a

condominium, which portion may be converted in accordance with

this article into one or more units or common elements, including,

but not limited to, limited common elements.

(12) “Court” means the superior court of the county where the

condominium or any part thereof is located.

(13) “Declarant” means all owners and lessees of the property who

execute the declaration or on whose behalf the declaration is

executed; provided, however, that the phrase “owner and lessees,”

as used in this Code section and in Code Sections 44-3-72 and

44-3-89, shall not include in his capacity as such any mortgagee,

any lien holder, any person having an equitable interest under any

contract for the sale or lease of a unit, or any lessee or tenant

of a unit. From the time of the recordation of any amendment to

the declaration expanding an expandable condominium, all persons

who execute that amendment or on whose behalf that amendment is

executed shall also come within the definition of “declarant.” Any

successor-in-title of any owner or lessee referred to in this

paragraph who comes to stand in the same relation to the

condominium as his predecessor did shall also come within such

definition.

(14) “Declaration” means the recordable instrument containing

those matters required by Code Section 44-3-77 and any lawful

amendments thereto.

(15) “Expandable condominium” means a condominium to which

additional property may be added in accordance with the

declaration and this article.

(16) “Foreclosure” means, without limitation, the judicial

foreclosure of a mortgage and the exercise of a power of sale

contained in any mortgage.

(17) “Identifying number” means one or more letters, numbers,

symbols, words, or any combination thereof that identifies only

one unit in the condominium.

(18) “Leasehold condominium” means a condominium in all or any portion of which each unit owner owns an estate for years or

leasehold estate in his unit or in the property on or within which

that unit is situated or both. A condominium including an estate

for years in property, or an interest therein, on or within which

no units are situated or to be situated shall not be deemed a

leasehold condominium within the meaning of this article.

(19) “Limited common element” means a portion of the common

elements reserved for the exclusive use of those entitled to the

use of one or more, but less than all, of the units.

(20) “Mortgage” means a mortgage, deed to secure debt, deed of

trust, or other instrument conveying a lien upon or security title

to property.

(21) “Mortgagee” means the holder of a mortgage.

(22) “Officer” means an officer of the association.

(23) “Permanently assigned limited common element” means a limited

common element which cannot be reassigned or which can be

reassigned only with the consent of the unit owner or owners of

the unit or units to which it is assigned.

(24) “Person” means a natural person, corporation, partnership,

association, trust, other entity, or any combination thereof.

(25) “Property” means any real property and any interest in real

property, including, without limitation, parcels of air space.

(26) “Record” means to file for record in the office of the clerk

of the superior court of all counties in which the condominium or

any part thereof is located.

(27) “Submitted property” means the property lawfully submitted to

this article by the recordation of condominium instruments

pursuant to this article. Additional property shall be deemed to

be submitted property upon the expansion of a condominium pursuant

to this article.

(28) “Unit” means a portion of the condominium intended for any

type of independent ownership and use. For the purposes of this

article, a convertible space shall also be deemed a unit.

(29) “Unit owner” means one or more persons, including the

declarant, who own a condominium unit or, in the case of a

leasehold condominium, whose leasehold interest or interests in

the condominium extend for the entire balance of the unexpired

term or terms.

44-3-72 G

*** CODE SECTION *** 12/03/01

44-3-72.

A condominium shall come into existence upon the recordation of the

declaration pursuant to this article and of the plats and plans

required by Code Section 44-3-83. The declaration shall be duly executed by or on behalf of all of the owners and lessees of the

submitted property.

44-3-73 G

*** CODE SECTION *** 12/03/01

44-3-73.

After the submission of any property to this article, no description

of a condominium unit located thereon shall be deemed vague,

uncertain, or otherwise insufficient if it sets forth the

identifying number of that unit, the name of the condominium, the

name of the county or counties in which the condominium is located,

and the deed book and page number where the first page of the

declaration is recorded. Any such description shall be deemed to

include the undivided interest in the common elements appertaining

to such unit even if such interest is not stated or referred to in

the description.

44-3-74 G

*** CODE SECTION *** 12/03/01

44-3-74.

(a) The declaration and any amendments thereto shall be entitled to

recordation if executed in the manner required for recording deeds

to real property. All condominium instruments and any amendments and

certifications thereto shall set forth the name of the condominium;

the name of the county or counties in which the condominium is

located; and, except for the declaration itself, the deed book and

page number where the first page of the declaration is recorded or

the document number assigned to the declaration upon its

recordation. All condominium instruments and all amendments and

certifications thereto shall be recorded in every county where any

portion of the condominium is located. The recordation shall not

require the approval of any county or municipal authority or

official except as to the manner of execution prescribed by this

Code section.

(b) In addition to the records and indexes required to be maintained

by the clerk of the superior court, such clerk shall maintain one or

more separate plat books, entitled “Condominium Plat Book,” in which

shall be recorded all plats required to be filed pursuant to this

article. In addition to such plats, there shall also be entitled to

be recorded in such plat books other plats, including site plans and

plot plans, prepared by a registered land surveyor and affecting any

condominium; but the same shall not constitute the recording of a

plat pursuant to Code Section 44-3-83 unless they comply with all

requirements thereof. The record of the declaration and of any

amendment thereto shall contain a reference to the plat book and

page number of the plat or plats recorded in connection therewith.

(c) The plans required to be recorded pursuant to Code Section

44-3-83 shall be kept by the clerk of the superior court in a

separate file for each condominium and shall be indexed in the same

manner as a conveyance entitled to record, numbered serially in the

order of receipt, each designated “Condominium Plans,” with the name

of the condominium, and each containing a reference to the deed book and page number where the first page of the declaration is recorded

or the document number assigned to the declaration upon its

recordation. The record of the declaration and of any amendment

thereto shall contain a reference to the file number of the plans

recorded in connection therewith.

(d) All deeds, mortgages, liens, leases, and encumbrances of any

kind affecting any condominium unit or duplicate originals thereof

or copies thereof certified by the clerk of the superior court in

whose office the same are first recorded shall be recorded in all

counties in which any part of the submitted property is located.

44-3-75 G

*** CODE SECTION *** 12/03/01

44-3-75.

(a) Except to the extent otherwise provided by the condominium

instruments:

(1) The terms defined in Code Section 44-3-71 shall be deemed to

have the meanings therein specified wherever they appear in the

condominium instruments unless the context otherwise requires;

(2) To the extent that walls, floors, or ceilings are designated

as the boundaries of the units or of any specified units, all

doors and windows therein and all lath, wallboard, plasterboard,

plaster, paneling, molding, tiles, wallpaper, paint, finished

flooring, and any other materials constituting any part of the

finished surfaces thereof shall be deemed a part of such units;

but all other portions of such walls, floors, or ceilings shall be

deemed a part of the common elements;

(3) If any chutes, flues, ducts, conduits, wires, bearing walls,

bearing columns, or any other apparatus lies partially inside and

partially outside of the designated boundaries of a unit, any

portions thereof serving only that unit shall be deemed a part of

that unit; but any portions thereof serving more than one unit or

any portion of the common elements shall be deemed a part of the

common elements;

(4) Subject to paragraph (3) of this subsection, all space,

interior partitions, and other fixtures and improvements within

the boundaries of a unit shall be deemed a part of that unit;

(5) Any shutters, awnings, window boxes, doorsteps, porches,

balconies, patios, and any other apparatus designed to serve a

single unit shall be deemed a limited common element appertaining

to that unit exclusively; and

(6) The requirement of consent to or joinder in any act or

instrument by any unit owner shall not be deemed to require the

consent to or joinder in such act or instrument by any mortgagee

of or the holder of any lien upon such unit owner’s condominium

unit except to the extent expressly required by this article.

(b) In the event that any allocation of undivided interest in the

common elements, votes in the association, or liability for common

expenses stated in any deed or mortgage to or of any condominium

unit conflicts with the allocations thereof as set forth in the

declaration, the declaration shall control.

(c) In the event of any inconsistency between this article and the

provisions of any declaration, this article shall control. Unless

otherwise provided in the condominium instruments, in the event of

any inconsistency between the declaration and the provisions of any

bylaws of the association, the declaration shall control.

(d) The condominium instruments shall be construed together and

shall be deemed to incorporate one another to the extent that any

requirement of this article as to the content of one would be

satisfied if any other condominium instrument were incorporated

therein by reference.

(e) If any provision, sentence, clause, phrase, or word of any

condominium instrument or the application thereof in any

circumstances is held invalid, the validity of the remainder of the

condominium instrument and of the application of any such provision,

sentence, clause, phrase, or word in other circumstances shall not

be affected thereby.

44-3-76 G

*** CODE SECTION *** 12/03/01

44-3-76.

Every unit owner and all those entitled to occupy a unit shall

comply with all lawful provisions of the condominium instruments.

In addition, any unit owner and all those entitled to occupy a unit

shall comply with any reasonable rules or regulations adopted by the

association pursuant to the condominium instruments which have been

provided to the unit owners and with the lawful provisions of bylaws

of the association. Any lack of such compliance shall be grounds

for an action to recover sums due, for damages or injunctive relief,

or for any other remedy available at law or in equity, maintainable

by the association or, in any proper case, by one or more aggrieved

unit owners, on their own behalf or as a class action. If and to

the extent provided in the condominium instruments, the association

shall be empowered to impose and assess fines and suspend

temporarily voting rights and the right of use of certain of the

common elements in order to enforce such compliance; provided,

however, that no such suspension shall deny any unit owner or

occupants access to the unit owned or occupied nor cause any

hazardous or unsanitary condition to exist. If the voting right of

a unit owner has been suspended, then to the extent provided in the

condominium instruments, that unit owner’s vote shall not count for

purposes of establishing a quorum or taking any action which

requires a vote of the owners under this article or the condominium

instruments. Notwithstanding any other provision of this Code

section, to the extent provided in the condominium instruments,

water, gas, electricity, heat, and air conditioning services being

provided to a unit or unit owner by the association may be terminated for failure to pay assessments and other amounts due

pursuant to subsection (a) of Code Section 44-3-109, subject to the

suspension standards and notice requirements imposed on the

institutional providers providing such services to the condominium

development, only after a final judgment or final judgments in

excess of a total of $750.00 are obtained in favor of the

association from a court of competent jurisdiction. The utility

services shall not be required to be restored until the judgment or

judgments are paid in full. All common expenses for termination of

any services pursuant to this Code section shall be an assessment

and a lien against the unit.

44-3-77 G

*** CODE SECTION *** 12/03/01

44-3-77.

(a) The declaration for every condominium shall contain the

following:

(1) The name of the condominium, which name shall include the word

“condominium” or be followed by the words “a condominium”;

(2) The name of the county or counties in which the condominium is

located;

(3) A legal description by metes and bounds of the submitted

property, including any horizontal, upper and lower, boundaries as

well as the vertical, lateral, boundaries;

(4) A description or delineation of the boundaries of the units,

including any horizontal, upper and lower, boundaries as well as

the vertical, lateral, boundaries;

(5) A description or delineation of any limited common elements

showing or designating the unit or units to which each is

assigned;

(6) A description or delineation of all common elements which may

subsequently be assigned as limited common elements together with

a statement that they may be so assigned and a description of the

method whereby any such assignments shall be made in accordance

with Code Section 44-3-82;

(7) The allocation to each unit of an undivided interest in the

common elements in accordance with Code Section 44-3-78;

(8) The allocation to each unit of a number of votes in the

association in accordance with Code Section 44-3-79;

(9) The allocation to each unit of a share of the liability for

common expenses in accordance with Code Section 44-3-80;

(10) Any limitations or restrictions on the powers of the

association and the board of directors;

(11) The name and address of the attorney or other person who

prepared the declaration;

(12) A statement of any and all restrictions on the general use of

the condominium or a statement that there are no such

restrictions; and

(13) Such other matters not inconsistent with this article as the

declarant deems appropriate.

(b) If the condominium is an expandable condominium, the declaration

shall also contain the following:

(1) The explicit reservation of an option or options to expand the

condominium;

(2) A time limit or date not exceeding seven years from the

recording of the declaration upon which all options to expand the

condominium shall expire together with a statement of any

circumstances which will terminate any such option prior to the

expiration of the time limit so specified; provided, however,

that, if the condominium instruments so provide, the unit owners

of units to which two-thirds of the votes in the association

appertain, exclusive of any vote or votes appurtenant to any unit

or units then owned by the declarant, may consent to the extension

of any such option within one year prior to the date upon which

the option would otherwise have expired;

(3) A statement of any other limitations on the option or options

or a statement that there are no such limitations;

(4) A legal description by metes and bounds of the additional

property, including any horizontal, upper and lower, boundaries as

well as the vertical, lateral, boundaries;

(5) A statement as to whether portions of the additional property

may be added to the condominium at different times, together with

any limitations fixing the boundaries of those portions by legal

descriptions setting forth the metes and bounds thereof or

regulating the order in which they may be added to the

condominium, or a statement that there are no such limitations;

(6) A statement of any limitations as to the location of any

improvements that may be made on any portions of the additional

property or a statement that there are no such limitations;

(7) A statement of the maximum number of units that may be created

on the additional property. If portions of the additional property

may be added to the condominium and the boundaries of those

portions are fixed in accordance with paragraph (5) of this

subsection, the declaration shall also state the maximum number of

units that may be created on each such portion added to the

condominium. If portions of the additional property may be added

to the condominium and the boundaries of those portions are not

fixed in accordance with paragraph (5) of this subsection, then

the declaration shall also state the maximum average number of units per acre that may be created on any such portion added to

the condominium;

(8) With regard to the additional property, a statement of whether

any units may be created therein that may not be restricted

exclusively to residential use and, if so, a statement of the

maximum extent thereof or a limitation as to the extent of such

nonresidential use;

(9) A statement of the extent to which any structures erected on

any portion of the additional property added to the condominium

will be compatible with structures on the submitted property in

terms of quality of construction, the principal materials to be

used, and architectural style or a statement that no assurances

are made in those regards;

(10) A description of all other improvements that will be made on

any portion of the additional property added to the condominium,

or a statement of any limitations as to what other improvements

may be made thereon, or a statement that no assurances are made in

that regard;

(11) A statement that any units created on any portion of the

additional property added to the condominium will be substantially

identical to the units on the submitted property, or a statement

of any limitations as to what types of units may be created

thereon, or a statement that no assurances are made in that

regard;

(12) A description of the declarant’s reserved right, if any, to

create limited common elements within any portion of the

additional property or to designate common elements therein which

may subsequently be assigned as limited common elements, in terms

of the types, sizes, and maximum number of such limited common

elements within each such portion, or a statement that no

limitations are placed on that right; and

(13) A statement of a formula, ratio, or other method whereby,

upon the expansion of any expandable condominium, there shall be

reallocated among the units the undivided interests in the common

elements, the votes in the association, and the liability for

common expenses.

Plats or plans may be recorded with the declaration of any amendment

thereto and identified therein to supplement or provide information

required to be furnished pursuant to this subsection; and provided,

further, that paragraph (8) of this subsection need not be complied

with if none of the units on the submitted property are restricted

exclusively to residential use.

(c) If the condominium contains any convertible space, the

declaration shall also contain a statement of a formula, ratio, or

other method whereby, upon the conversion of all or any portion of a

convertible space, there shall be allocated among the units created

therefrom such undivided interest in the common elements, such

number of votes in the association, and such liability for common expenses as previously pertained to such convertible space.

(d) If the condominium is a leasehold condominium, with respect to

any ground lease, other lease, or other instrument creating the

estate for years, the expiration or termination of which may

terminate or reduce the condominium, the declaration shall set forth

the county or counties wherein the same are recorded and the deed

book and page number where the first page of each such lease or

other instrument is recorded. The declaration shall also contain the

following:

(1) The date upon which such leasehold or estate for years is due

to expire;

(2) A statement of whether any property will be owned by the unit

owners in fee simple and, if so, a legal description by metes and

bounds of any such property. With respect to any improvements

owned by the unit owners in fee simple, the declaration shall

contain a statement of any rights the unit owners shall have to

remove the improvements after the expiration or termination of the

leasehold or estate for years involved or a statement that they

shall have no such rights;

(3) A statement of the name and address of the person or persons

to whom payments of rent must be made by the unit owners unless

such rent is collected from the unit owners as a part of the

common expenses; and

(4) A statement of the share of liability for payments under any

such lease or other instrument which are chargeable against each

unit.

(e) Whenever this Code section requires a legal description by metes

and bounds of submitted property or additional property, such

requirement shall be deemed to include a requirement of a legally

sufficient description of any easements that are submitted to this

article or that may be added to the condominium, as the case may be.

In the case of any such easement, the declaration shall contain the

following:

(1) A description of the permitted use or uses;

(2) If the benefit of the easement does not inure to all units and

their lawful occupants, a statement of the relevant restrictions

and limitations on utilization; and

(3) If any person other than those entitled to occupy any unit may

use the easement, a statement of the rights of others to such use.

Notwithstanding any other provision of this subsection, the

foregoing requirements may be satisfied by attaching a true copy of

any such easement to the declaration.

(f) Whenever this Code section requires a legal description by metes

and bounds of submitted property or additional property, such

requirement shall be deemed to include a separate legal description

by metes and bounds of all property in which the unit owners collectively shall or may be tenants in common or joint tenants with

any other persons. No units shall be situated on any such property,

however, and the declaration shall describe the nature of the unit

owners’ estate therein. No such property shall be shown on the same

plat or plats showing other portions of the condominium but shall be

shown instead on separate plats unless such property is specifically

shown and labeled as being owned subject to such a tenancy.

(g) Wherever this article requires a statement of a method for

allocation or reallocation of undivided interests in the common

elements, votes in the association, and the liability for common

expenses, such method shall be so related to the physical

characteristics of the units affected or otherwise so stated as to

enable any person to determine the interest, vote, or share in such

matters pertaining to any particular unit upon such allocation or

reallocation. Certain spaces within the units, including, without

limitation, attic, basement, and garage space, may but need not be

omitted from such calculation or partially discounted by the use of

a ratio so long as the same basis of calculation is employed for all

units in the condominium. In the event that the declaration

allocates or provides for the allocation to any unit of a different

share of undivided interests in common elements than is allocated

for liability for common expenses, such difference shall be based

upon a good faith estimate of the declarant regarding the

approximate relative maintenance or other costs occasioning such

disparity, and the basis of such determination shall be stated in

the declaration; provided, however, that no unit owner or other

person may require any reallocation on account of any disparity

between actual costs and the determination reflected in the

declaration. Subject to the foregoing sentence of this subsection,

nothing contained in this article shall be construed to require that

the proportions of undivided interest in the common elements, of

votes in the association, or of liability for common expenses

assigned and allocated to each unit be equal, it being intended that

such proportions may be independent.

44-3-78 G

*** CODE SECTION *** 12/03/01

44-3-78.

(a) The declaration shall allocate to each unit depicted on plats or

plans that comply with subsections (a) and (b) of Code Section

44-3-83 an undivided interest in the common elements. Such

allocation may be by percentage, fraction, formula, or any other

method which indicates the relative undivided interests in the

common elements. If an equal undivided interest in the common

elements is allocated to each unit, the declaration may merely so

state.

(b) All of the undivided interests in the common elements shall be

allocated to the units created by the declaration and shall be

subject to reallocation as provided in this article.

(c) If the undivided interests allocated are other than equal, the

undivided interest allocated to each unit shall be reflected by a table or provision in the declaration or by an exhibit or schedule

accompanying the declaration and recorded simultaneously therewith

identifying the units, listing them serially or grouping them

together in the case of units to which identical undivided interests

are allocated, and setting forth the fraction, percentage, or other

statement of undivided interest in the common elements allocated

thereto.

(d) Except to the extent otherwise expressly provided by this

article, the undivided interest in the common elements allocated to

any unit shall not be altered; and any purported transfer,

encumbrance, or other disposition of that interest without the unit

to which it pertains shall be void.

(e) The common elements shall not be subject to any action for

partition except as provided in Code Sections 44-3-98 and 44-3-99.

(f) No undivided interest in the common elements shall be allocated

to any unit unless such unit is depicted on plats or plans that

comply with subsections (a) and (b) of Code Section 44-3-83.

44-3-79 G

*** CODE SECTION *** 12/03/01

44-3-79.

(a) The declaration shall allocate a number of votes in the

association to each unit depicted on plats or plans that comply with

subsections (a) and (b) of Code Section 44-3-83. The allocation of

such votes may be by percentage, fraction, formula, or any other

method which indicates the relative voting power allocated to each

unit. If an equal vote is allocated to each unit, the declaration

may merely so state. All of the votes in the association shall be

allocated among the units depicted on such plats or plans and shall

be subject to reallocation as provided in this article.

(b) Since a unit owner may be more than one person, if only one of

those persons is present at a meeting of the association, that

person shall be entitled to cast the votes pertaining to that unit.

However, if more than one of those persons is present, the vote

pertaining to that unit shall be cast only in accordance with their

unanimous agreement unless the condominium instruments expressly

provide otherwise; and such consent shall be conclusively presumed

if any one of them purports to cast the votes pertaining to that

unit without protest being made immediately by any of the others to

the person presiding over the meeting.

(c) The votes pertaining to any unit may, and, in the case of any

unit owner not a natural person or persons, shall, be cast pursuant

to a proxy or proxies duly executed by or on behalf of the unit

owner or, in cases where the unit owner is more than one person, by

or on behalf of the joint owners of the unit. No such proxy shall be

revocable except by written notice delivered to the association by

the unit owner or by any joint owners of a unit. Any proxy shall be

void if it is not dated or if it purports to be revocable without

such notice.

(d) Except in the case of any condominium of which no part is

restricted exclusively to residential use, if 50 percent or more of

the votes in the association pertain to 25 percent or less of the

condominium units, then in any case where a majority vote is

required by the condominium instruments or by this article the

requirement for such a majority shall be deemed to include, in

addition to the specified majority of the votes, assent by the unit

owners of a like majority of the condominium units.

(e) Anything in this Code section to the contrary notwithstanding,

no votes in the association shall be deemed to pertain to any

condominium unit during such time as the unit owner thereof is the

association nor shall any vote be allocated to any condominium unit

unless the condominium unit is depicted on plats or plans that

comply with subsections (a) and (b) of Code Section 44-3-83. Except

to the extent otherwise expressly provided or permitted by this

article, the votes allocated to any condominium unit shall not be

altered.

44-3-80 G

*** CODE SECTION *** 12/03/01

44-3-80.

(a) Except to the extent that the condominium instruments provide

otherwise, any common expenses associated with the maintenance,

repair, renovation, restoration, or replacement of any limited

common element shall be specially assessed against the condominium

unit to which that limited common element was assigned at the time

the expenses were made or incurred; however, if any limited common

element was assigned at that time to more than one unit, the common

expenses shall be specifically assessed against each condominium

unit equally so that the total of the special assessments equals the

total of the expenses.

(b) To the extent that the condominium instruments expressly so

provide:

(1) Any other common expenses benefiting less than all of the

units shall be specially assessed equitably among all of the

condominium units so benefited;

(2) Any other common expenses occasioned by the conduct of less

than all of those entitled to occupy all of the units or by the

licensees or invitees of any such unit or units shall be specially

assessed against the condominium unit or units, the conduct of any

occupant, licensee, or invitee of which occasioned any such common

expenses;

(3) Any other common expenses significantly disproportionately

benefiting all of the units shall be assessed equitably among all

of the condominium units; and

(4) Other than for limited common elements expressly designated as

such in the condominium instruments and assigned to fewer than all units, nothing contained in paragraph (1) or (3) of this

subsection shall permit an association to specially or

disproportionately allocate common expenses for periodic

maintenance, repair, and replacement of any portion of the common

elements or the units which the association has the obligation to

maintain, repair, or replace.

(c) The amount of all common expenses not specially assessed

pursuant to subsection (a) or (b) of this Code section, less the

amount of all undistributed and unreserved common profits, shall be

assessed against the condominium units in accordance with the

allocation of liability for common expenses set forth in the

declaration. The allocation may be by percentage, fraction, formula,

or any other method which indicates the relative liabilities for

common expenses. If an equal liability for common expenses is

allocated to each unit, the declaration may merely so state. The

entire liability for common expenses shall be allocated among the

units depicted on plats or plans that comply with subsections (a)

and (b) of Code Section 44-3-83 and shall be subject to reallocation

as provided in this article. Except to the extent otherwise

expressly provided or permitted by this article, the allocations of

the liability shall not be altered; provided, however, that no

reallocation shall affect any assessment or installation thereof

becoming due and payable prior to reallocation. The assessments

shall be made by the association annually or more often if the

condominium instruments so provide and shall be payable in the

manner determined by the association.

(d) No unit owner other than the association shall be exempted from

any liability for any assessment under this Code section or under

any condominium instrument for any reason whatsoever, including,

without limitation, abandonment, nonuse, or waiver of the use or

enjoyment of his unit or any part of the common elements.

(e) Unless otherwise provided in the condominium instruments and

except as provided in subsection (f) of this Code section, the

grantee in a conveyance of a condominium unit shall be jointly and

severally liable with the grantor thereof for all unpaid assessments

against the latter up to the time of the conveyance without

prejudice to the grantee’s right to recover from the grantor the

amounts paid by the grantee therefor; provided, however, that, if

the grantor or grantee shall request a statement from the

association as provided in Code Section 44-3-109, such grantee and

his successors, successors-in-title, and assigns shall not be liable

for nor shall the condominium unit conveyed be subject to a lien for

any unpaid assessments against such grantor in excess of any amount

set forth in the statement.

(f) In the event that the holder of a first priority mortgage or a

secondary purchase money mortgage of record, provided that neither

the grantee nor any successor grantee on the secondary purchase

money mortgage is the seller of the unit, or any other person

acquires title to any condominium unit as a result of foreclosure of

any such mortgage, such holder or other person and successors,

successors-in-title, and assigns shall not be liable for nor shall

the condominium unit be subject to a lien for any assessment under

this Code section or under any condominium instrument chargeable to the condominium unit on account of any period prior to the

acquisition of title; provided, however, that the unpaid share of an

assessment or assessments shall be deemed to be common expenses

collectable from all of the unit owners, including such holder or

other person and successors, successors-in-title, and assigns.

(g) A condominium instrument recorded on or after July 1, 1990,

shall not authorize the board of directors to impose:

(1) Except as provided in subsections (a) and (b) of this Code

section and subsections (a) and (b) of Code Section 44-3-109, a

special assessment fee per unit in excess of an average of $200.00

per fiscal year without the approval of a majority of the unit

owners; or

(2) A monthly maintenance fee increase in excess of the percentage

equal to the annual rate of inflation as measured by the Consumer

Price Index for All Urban Consumers for the immediately preceding

12 month period may be disapproved by unit owners holding a

majority of the association vote.

44-3-81 G

*** CODE SECTION *** 12/03/01

44-3-81.

(a) Interests in the common elements shall not be allocated to any

units to be created within any additional property until plats or

plans depicting the same are recorded pursuant to subsection (c) of

Code Section 44-3-83. Upon the submission of any additional

property, the declarant shall execute and record an amendment to the

declaration reallocating undivided interests in the common elements,

votes in the association, and liabilities for common expenses in the

manner provided in the declaration.

(b) If all of a convertible space is converted into common elements,

including, without limitation, limited common elements, the

undivided interest in the common elements pertaining to such

convertible space shall then pertain to the remaining units and

shall be allocated among them in proportion to their undivided

interests in the common elements. In the case of the conversion of

all or any portion of any convertible space into one or more units

or common elements, including, without limitation, limited common

elements, the undivided interests in the common elements, the votes

in the association, and the liability for common expenses shall be

reallocated in the manner provided in the declaration. The declarant

shall immediately prepare, execute, and record an amendment to the

declaration effecting the reallocation of undivided interests

produced thereby.

(c) In the case of a leasehold condominium, upon the expiration or

termination of any leasehold or estate for years with respect to any

land upon or within which any unit exists, every such unit together

with all common elements located upon or within such leasehold or

estate for years shall be deemed to have been withdrawn from the

condominium unless the declaration provides for the termination of the condominium in such event. The undivided interest in the common

elements pertaining to any unit thereby withdrawn from the

condominium shall then pertain to the remaining units and shall be

allocated among them in proportion to their undivided interests in

the common elements. The association shall immediately prepare,

execute, and record an amendment to the declaration effecting the

reallocation of undivided interests produced thereby. In the case of

the reduction of a condominium on account of the expiration or

termination of a leasehold or estate for years, all votes

attributable to any unit located upon such property immediately

prior to such reduction shall thereby be eliminated; in addition,

the liability for common expenses pertaining to any such unit shall

be allocated to the remaining units in proportion to their relative

liabilities for common expenses.

44-3-82 G

*** CODE SECTION *** 12/03/01

44-3-82.

(a) All assignments and reassignments of limited common elements

shall be made or provided for in the condominium instruments. No

limited common element shall be assigned or reassigned except in

accordance with this article. No amendment to any condominium

instrument shall alter any rights or obligations with respect to any

limited common element without the consent of all unit owners whose

use of the limited common element is or may be directly affected by

the assignment or reassignment, as evidenced by their execution of

the amendment, except to the extent that the condominium instruments

expressly provided otherwise prior to or simultaneously with the

first assignment of the limited common element.

(b) Unless expressly prohibited by the condominium instruments, a

limited common element may be reassigned upon written application to

the association by the owners of units to which the limited common

element appertains and the owners of units to which the limited

common element is being reassigned. The association shall

immediately prepare and execute an amendment to the declaration

reassigning all rights and obligations with respect to the limited

common element involved. Such amendment shall be delivered

immediately to the owners of the units to which the limited common

element appertains and the owners of units to which the limited

common element is being reassigned and upon payment by them of all

reasonable costs for the preparation, execution, and recordation

thereof. The amendment shall become effective when the association

and the owners of the units to which the limited common element

appertains and the owners of units to which the limited common

element is being reassigned have executed and recorded the same. No

vote of the unit owners shall be necessary for the amendment

provided in this Code section to be executed by the association.

(c) A common element not previously assigned as a limited common

element shall be so assigned only pursuant to the declaration. The

amendment to the declaration making such an assignment shall be

prepared and executed by the association. The amendment shall be

delivered to the unit owner or owners to whose unit the assignment is being made upon payment by them of all reasonable costs for the

preparation, execution, and recordation thereof. The amendment

shall become effective after execution by the association and such

unit owner or owners and recordation, and the recordation thereof

shall be conclusive evidence that the method prescribed pursuant to

the declaration was adhered to. Unless otherwise required by the

condominium instruments, no vote of the unit owners shall be

necessary for the amendment provided in this Code section to be

executed by the association.

44-3-83 G

*** CODE SECTION *** 12/03/01

44-3-83.

(a) Prior to the first conveyance of a condominium unit, there shall

be recorded one or more plats of survey showing the location and

dimensions of the submitted property; the location and dimensions of

all structural improvements located on any portion of the submitted

property; the intended location and dimensions of all contemplated

structural improvements committed to be provided by the declaration

on any portion of the submitted property; and, to the extent

feasible, the location and dimensions of all easements appurtenant

to the submitted property or otherwise submitted to this article as

part of the common elements. With respect to all such structural

improvements, the plats shall indicate which, if any, have not been

begun by use of the phrase “NOT YET BEGUN.” No structural

improvement which contains or constitutes all or part of any unit or

units and which is located on any portion of the submitted property

shall be commenced on any portion of the submitted property after

the recording of the plats. The declarant shall complete all

structural improvements depicted on the plats, subject only to such

limitations, if any, as may be expressly stated in the declaration

with respect to those labeled “NOT YET BEGUN” on the plats, provided

that, within six months after written notice from the association,

the declarant shall be obligated to complete within a reasonable

time every structural improvement actually commenced on the

submitted property, notwithstanding any provision of the

declaration, unless the declarant removes within a reasonable time

all portions of any such structural improvement and restores the

surface of the land affected thereby to substantially the same

condition as that which existed prior to commencement of any such

structural improvement; and provided, further, that nothing

contained in this sentence shall exempt the declarant from any

contractual liability to complete any such structural improvement.

If the submitted property consists of noncontiguous parcels, the

plats shall indicate the approximate distances between such parcels

unless such information is disclosed in the declaration. If, with

respect to any portion or portions, but less than all, of the

submitted property, the unit owners are to own only a leasehold or

estate for years, the plats shall show the location and dimensions

of any such portion or portions and shall label each such portion by

use of the phrase “LEASED LAND.” To the extent feasible, the plats

shall show all easements to which the submitted property or any

portion thereof is subject. The plats shall also show all

encroachments by or on any operation of the submitted property. In the case of any units which have vertical boundaries lying wholly or

partially outside of structures for which plans pursuant to

subsection (b) of this Code section are recorded, the plats shall

show the location and dimensions of the vertical boundaries to the

extent that they are not shown on the plans; and the units or

portions thereof thus depicted shall bear their identifying numbers.

Each plat shall be certified as to its accuracy and compliance with

this subsection by a registered land surveyor. The specification

within this subsection of items that shall be shown on the plats

shall not be construed to mean that the plats shall not also show

all other items customarily shown or required by law to be shown for

land title surveys.

(b) There shall be recorded prior to the first conveyance of a

condominium unit:

(1) Plans which have been prepared, signed, and sealed by a

registered architect or registered engineer of every structure

which contains or constitutes all or part of any unit or units

located on or within any portion of the submitted property, which

plans shall show:

(A) The location and dimensions of the exterior walls and roof

of such structures;

(B) The walls, partitions, floors, and ceilings as constitute

the horizontal boundaries, if any, and the vertical boundaries

of each unit, including convertible space, to the extent that

such boundaries lie within or coincide with the boundaries of

such structures; and

(C) The identifying numbers of all units or portions thereof

depicted on the plans; and

(2) A certification by such architect or engineer to the effect

that he has visited the site and viewed the property and that, to

the best of his knowledge, information, and belief:

(A) The exterior walls and roof of each structure are in place

as shown on the plans; and

(B) Such walls, partitions, floors, and ceilings, to the extent

shown on said plans, as constitute the horizontal boundaries, if

any, and the vertical boundaries of each unit, including

convertible space, have been sufficiently constructed so as to

establish clearly the physical boundaries of such unit.

In addition, each convertible space depicted in the plans shall be

labeled as such by use of the phrase “CONVERTIBLE SPACE.” Unless

the condominium instruments expressly provide otherwise, it shall be

presumed that, in the case of any unit not wholly contained within

or constituting one or more of the structures, the horizontal

boundaries extend, in the case of each unit, at the same elevation

with regard to any part of such unit lying outside of such

structures, subject to the following exception: in the case of any

unit which does not lie over any other unit other than basement units, it shall be presumed that the lower horizontal boundary, if

any, of that unit lies at the level of the ground with regard to any

part of that unit lying outside of the structures. This subsection

shall apply to any condominium created on or after July 1, 1980, or

to the expansion of any such condominium.

(b.1) There shall be recorded prior to the first conveyance of a

condominium unit plans of every structure which contains or

constitutes all or part of any unit or units located on or within

any portion of the submitted property and a certification by a

registered architect or registered engineer to the effect that he

has visited the site and viewed the property and that, to the best

of his knowledge, information, and belief:

(1) The foundation, structural members, exterior walls, and roof

of each such structure are complete and in place as shown on the

plans;

(2) The walls, partitions, floors, and ceilings, to the extent

shown on the plans, as constituting or coinciding with the

vertical and horizontal boundaries of each unit, including

convertible space, within each such structure, are sufficiently

complete and in place to establish clearly the physical boundaries

of such unit and that such physical boundaries are as shown on the

plans; and

(3) Each such structure, to the extent of its stage of completion

at that time, is constructed substantially in accordance with such

plans.

The plans shall show the location and dimensions of the horizontal

boundaries, if any, and the vertical boundaries of each unit to the

extent that such boundaries lie within or coincide with the

boundaries of such structures, and the units, or portions thereof,

thus depicted shall bear their identifying numbers. In addition,

each convertible space depicted in the plans shall be labeled as

such by use of the phrase “CONVERTIBLE SPACE.” Unless the

condominium instruments expressly provide otherwise, it shall be

presumed that, in the case of any unit not wholly contained within

or constituting one or more of the structures, the horizontal

boundaries extend, in the case of each unit, at the same elevation

with regard to any part of such unit lying outside of such

structures, subject to the following exception: in the case of any

unit which does not lie over any other unit other than basement

units, it shall be presumed that the lower horizontal boundary, if

any, of that unit lies at the level of the ground with regard to any

part of that unit lying outside of the structures. This subsection

shall apply to any condominium created prior to July 1, 1980, or to

the expansion of any such condominium.

(c) Prior to the first conveyance of a condominium unit located on

any portion of any additional property being or having been added to

an expandable condominium, there shall be recorded new plats of

survey conforming to the requirements of subsection (a) of this Code

section and, with regard to any structures on the property being or

having been added, plans conforming to the requirements of subsection (b) of this Code section or certifications, conforming to

the certification requirements of subsection (b) of this Code

section, of plans previously recorded pursuant to Code Section

44-3-84.

(d) When converting all or any portion of any convertible space into

one or more units or limited common elements, the declarant shall

record, with regard to the structure or portion thereof constituting

that convertible space, plans showing the location and dimensions of

the horizontal boundaries, if any, and the vertical boundaries of

each unit formed out of such space. The plans shall be certified by

a registered architect or registered engineer in accordance with the

certification requirements of subsection (b) of this Code section.

(e) When any portion of the submitted property is withdrawn, there

shall be recorded a plat or plats showing the portion of the

submitted property withdrawn and the remaining submitted property,

which plat or plats shall be certified as provided in subsection (a)

of this Code section.

44-3-84 G

*** CODE SECTION *** 12/03/01

44-3-84.

Plans previously recorded pursuant to subsection (b) of Code Section

44-3-77 may be used in lieu of new plans to satisfy in whole or in

part the requirements of Code Section 44-3-89 if certifications

thereof are recorded by the declarant in accordance with subsection

(c) of Code Section 44-3-83.