Georgia HB 686: Breach of restrictive covenants; provide accrual periods of rights of action; provisions

Bill Text

15 LC 39 1018
H. B. 686
- 1 -
House Bill 686
By: Representatives Strickland of the 111
th, Duncan of the 26
th, Welch of the 110
th, Fleming
of the 121
st, and Belton of the 112
th
A BILL TO BE ENTITLED
AN ACT
To amend Code Section 9-3-29 of the Official Code of Georgia Annotated, relating to1
limitations of actions relative to breach of restrictive covenants, so as to provide for accrual2
periods of rights of action; to amend Article 3 of Chapter 3 of Title 44 of the Official Code3
of Georgia Annotated, the "Georgia Condominium Act," so as to provide for the expansion4
of a condominium after the declarant's right to expand has expired; to provide for procedures;5
to provide for related matters; to repeal conflicting laws; and for other purposes.6
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:7
SECTION 1.8
Code Section 9-3-29 of the Official Code of Georgia Annotated, relating to limitations of9
actions relative to breach of restrictive covenants, is amended by revising subsection (c) as10
follows:11
"(c) For the purpose of this Code section, the right of action shall accrue immediately upon12
the erection of a permanent fixture which results in a violation of the covenant restricting13
lands to certain uses or the violation of a set-back line provision. When an action alleges14
a continuous violation of a covenant resulting from an act or omission, the right of action15
shall accrue each time such act or omission occurs. This Code section shall not be16
construed so as to extend any applicable statute of limitations affecting actions in equity."17
SECTION 2.18
Article 3 of Chapter 3 of Title 44 of the Official Code of Georgia Annotated, the "Georgia19
Condominium Act," is amended by revising Code Section 44-3-89, relating to expansion of20
condominiums and amendments to declarations, as follows:21
"44-3-89.22
(a) No condominium shall be expanded except in accordance with the provisions of the23
declaration and this article.24

15 LC 39 1018
H. B. 686
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(b) Any expansion shall be deemed to have occurred at the time of the recordation of plats25
or plans pursuant to subsection (c) of Code Section 44-3-83 and an amendment to the26
declaration effecting the expansion duly executed by the declarant, all other owners or27
lessees of the additional property being added to the condominium, and all mortgages of28
the additional property being added to the condominium. The amendment shall contain a29
legal description by metes and bounds of the additional property being added to the30
condominium and shall reallocate undivided interests in the common elements, votes in the31
association, and liabilities for future common expenses all in accordance with the32
provisions of the declaration.33
(c) Notwithstanding any other provision of this article, a condominium may be expanded34
by the association at any time after the declarant's right to expand the condominium has35
expired, provided that the unit owners of units to which two-thirds of the votes in the36
association appertain, or such higher amount as may be required by the declaration,37
exclusive of any vote or votes appurtenant to any unit or units then owned by the declarant,38
consent to an amendment to the governing documents expanding the condominium under39
the same terms and conditions as set forth in an explicit reservation of an option or options40
to expand the condominium contained in the condominium instruments as required by41
subsection (b) of Code Section 44-3-77; provided, however, that such explicit reservation42
existed within the first seven years of the recording of the governing documents. The43
amendment shall contain a legal description by metes and bounds of the additional property44
being added to the condominium and shall reallocate undivided interests in the common45
elements, votes in the association, and liabilities for future common expenses all in46
accordance with the provisions of the declaration. The amendment shall be executed by47
all owners or lessees of the additional property being added to the condominium and all48
mortgagees of the additional property being added to the condominium. Additionally, the49
agreement of the required majority of unit owners to the amendment shall be evidenced by50
their execution of the amendment. In the alternative, the sworn statement of the president,51
any vice president, or the secretary of the association attached to or incorporated in an52
amendment executed by the association, which sworn statement states unequivocally that53
agreement of the required majority was otherwise lawfully obtained and that any notices54
required under this article were properly given, shall be sufficient to evidence the required55
agreement."56
SECTION 3.57
All laws and parts of laws in conflict with this Act are repealed.58