Bill > HB190

This bill adds protections for property owners in condominium and property owners' associations by prohibiting retaliatory actions against owners who exercise certain legal rights. Specifically, the bill defines "permissible actions" as good faith efforts to exercise legal rights, file complaints, provide feedback, or participate in organizations addressing association issues. "Retaliatory actions" are then outlined, which include filing sudden enforcement actions, depriving owners of property use, reducing services, increasing assessment fees, or interfering with owner rights. The bill establishes that if an owner takes a permissible action related to life, health, safety, or habitability concerns and the association takes a retaliatory action within three months, the owner can establish a prima facie case of retaliation. Associations are not liable for actions that are part of standard practices or written agreements. If an association is found to have taken retaliatory action, the owner can use this as a defense against foreclosure and may recover a civil penalty of one month's assessment fees plus $500, court costs, and attorney's fees. The bill applies to both condominium and property owners' associations, providing a new layer of protection for property owners against potential abuse of power by association boards.

Justice

https://www.legis.ga.gov/legislation/69670