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Bill > HB203


GA HB203

Breach of restrictive covenants; provide accrual periods of rights of action; provisions


summary

Introduced
02/01/2017
In Committee
03/24/2017
Crossed Over
02/24/2017
Passed
Dead
03/29/2018

Introduced Session

2017-2018 Regular Session

Bill Summary

A BILL to be entitled an Act to amend Code Section 9-3-29 of the Official Code of Georgia Annotated, relating to limitations of actions relative to breach of restrictive covenant, so as to provide for accrual periods of rights of action; to amend Title 44 of the Official Code of Georgia Annotated, relating to property, so as to provide for the expansion of a condominium after the declarant's right to expand has expired and provide for procedures for such expansion; to provide for the procedure and right of certain property owners to take control of a condominium association, property owner's association, or entity created pursuant to covenants restricting land to certain uses affecting certain planned subdivisions; to provide for related matters; to repeal conflicting laws; and for other purposes.

AI Summary

This bill amends Georgia law to: 1) Clarify that for breaches of restrictive covenants, the right of action accrues immediately when a permanent fixture is erected in violation of the covenant, and also accrues each time a continuous violation occurs. 2) Allow a condominium association, after the declarant's right to expand the condominium has expired, to expand the condominium if two-thirds of the unit owners consent, provided the declaration contained an explicit reservation of the right to expand within the first 7 years. 3) Provide a process for property owners to take control of a condominium, property owners' association, or entity enforcing restrictive covenants if the declarant fails to properly incorporate or maintain the entity, hold elections, provide information to owners, call meetings, establish budgets, or pay taxes. This allows owners to seek a court order to transfer control. The bill aims to address issues related to the enforcement and operation of restrictive covenants, condominiums, and property owners' associations in Georgia.

Sponsors (5)

Last Action

Senate Recommitted (on 01/08/2018)

bill text


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