Georgia SB 406: First Responder Building Mapping Information System; grant program to fund the creation of school mapping data; establish

Bill Text

26 LC 49 2879S
Senate Bill 406
By: Senators Brass of the 6th, James of the 28th, Kirkpatrick of the 32nd, Dixon of the 45th,
Sims of the 12th and others
AS PASSED
A BILL TO BE ENTITLED
AN ACT
To amend Title 43 of the Official Code of Georgia Annotated, relating to professions and1
businesses, so as to require the registration of owners' associations; to provide for an2
exception; to provide for renewals and amendments; to provide for fees; to provide for3
inspection, maintenance, and retention of records; to provide for records maintenance; to4
provide for denial, suspension, and revocation of records; to provide for notices, orders, and5
complaints; to provide for hearings; to provide for a stay of collections of fines or fees; to6
provide for binding arbitration; to provide for reports; to provide for appeals; to provide for7
rights of owners' association owners; to provide for priority of application of payments by8
owners to owners' associations; to provide for rules and regulations; to provide for9
definitions; to provide for authorization of liens and use of assessments; to provide for10
written notice of certain sums; to amend Title 44 of the Official Code of Georgia Annotated,11
relating to property, so as to provide for property owners' associations to submit to Article12
6 of Chapter 3, relating to owners' associations, after the creation of such associations; to13
provide for voting procedures; to provide for applicability of such article; to provide for14
recordation of a vote to submit to such article; to provide for notice; to provide for records15
of dispossessory proceedings; to provide for a time certain to pay outstanding sums; to16
provide for an itemized list of attorney's fees claimed; to provide for an order finding17
S. B. 406
- 1 -

26 LC 49 2879S
reasonableness; to provide for related matters; to provide for a short title; to provide for18
effective dates and applicability; to repeal conflicting laws; and for other purposes.19
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:20
SECTION 1.21
This Act shall be known and may be cited as the "Georgia Property Owners' Bill of Rights22
Act."23
SECTION 2.24
Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses,25
is amended by adding a new chapter to read as follows:26
"CHAPTER 17A27
43-17A-1.28
As used in this chapter, the term:29
(1) 'Accelerated assessment' means any regular assessment that would otherwise not be30
due until some future date but has been accelerated and made due and payable prior to31
such future date.32
(2) 'Assessment' means and includes regular assessments, special assessments, and33
specific assessments.34
(3) 'Governing documents' means an owners' association's declaration, bylaws, articles35
of incorporation, and any rules and regulations established by its board of directors.36
(4) 'Nonregistered owners' association' means an owners' association that elects not to37
register with the Secretary of State pursuant to subparagraph (a)(2)(B) of Code38
Section 43-17A-2.39
S. B. 406
- 2 -

26 LC 49 2879S
(5) 'Owner' means the record owner or owners of fee simple title to a single lot, unit, or40
other individually owned property located in an owners' development, excluding,41
however, any person holding such interest merely as security for the performance or42
satisfaction of any obligation.43
(6) 'Owners' association' means a nongovernmental association of participating owners44
of residential property in a delineated geographic area in which recorded covenants apply45
to such delineated geographic area, comprising a neighborhood, condominium46
development, common interest community, as such term is defined in Code47
Section 44-16-2, or group of homeowners or property owners, including, but not limited48
to, associations formed pursuant to Articles 3 and 6 of Chapter 3 of Title 44 and;49
provided, however, that such term shall not include nonregistered owners' associations.50
(7) 'Owners' development' means real property which is located within this state, is51
subject to governing documents, and contains lots, and which may contain common52
areas.53
(8) 'Regular assessments' or 'dues' means assessments imposed on owners on a regular54
or recurring basis for the purpose of funding the owners' association's regular operating55
budget for costs which may include, but shall not be limited to, common area56
maintenance and routine repairs, utilities, landscaping, and reserve fund contributions. 57
Such term shall not include special assessments or specific assessments.58
(9) 'Special assessments' means an assessment imposed on owners for costs which are59
not included in the owners' association's regular operating budget, and which may60
include, but shall not be limited to, legal costs and common area nonroutine or emergency61
repairs, renovations, and other capital projects. Such term shall not include regular62
assessments or specific assessments.63
(10) 'Specific assessments' means