Georgia statute reference · O.C.G.A. §§ 44-3-70 to 44-3-117
Georgia Condominium Act
The Georgia Condominium Act applies to any condominium created by recording condominium instruments that comply with the article. It covers definitions, organization and membership, board governance, assessment liens and foreclosure, resale disclosure, and amendments. Compared to Florida's Chapter 718, more operational detail lives in the recorded declaration and bylaws than in the statute itself.
Statute text reproduced from the Official Code of Georgia Annotated (O.C.G.A.); editorial summaries by the Common Elements editorial team. Not legal advice; not a substitute for Georgia counsel.
Current as of 2026-05-29.
Sections in this chapter
The highest-traffic sections are linked below. Sections marked “Summary coming soon” are part of the article and will be added section by section.
Short title
O.C.G.A. § 44-3-70Names the article: it may be cited as the Georgia Condominium Act.
- Short title
- Article 3
- Citation
Definitions
O.C.G.A. § 44-3-71Defines the terms used throughout the article, including association, board of directors, common elements, condominium instruments, declarant, declaration, foreclosure, and unit owner.
- Association
- Condominium instruments
- Declarant
- Foreclosure
Leasehold condominiums; lessor's lien
O.C.G.A. § 44-3-86Governs leasehold condominiums: the lessor cannot terminate a unit owner's leasehold while the condominium exists, and unpaid rent may be secured by a lien foreclosed by action, judgment, and foreclosure.
- Leasehold condominium
- Lessor's lien
- Judicial foreclosure
- Rent
Amendment of condominium instruments
O.C.G.A. § 44-3-93Summary coming soon.
- Two-thirds vote
- 80 percent ceiling
- Recording
- Mortgagee consent
Organization and membership
O.C.G.A. § 44-3-100Requires the declarant to incorporate the association before recording the declaration, makes every unit owner an automatic member, and requires the first board and officers to be in place before the first unit conveys.
- Incorporation
- Automatic membership
- First board
- Document access
Declarant control; transition
O.C.G.A. § 44-3-101Sets the limits on the declarant's power to appoint and remove the board, the events that end declarant control, the automatic transfer of control to unit owners, and an owner remedy if the declarant fails to transition.
- Declarant control
- Transition triggers
- Owner remedy
- Contract cancellation
Lien for assessments; judicial foreclosure
O.C.G.A. § 44-3-109Creates the association's lien for assessments, sets its priority, and requires judicial foreclosure by an action, judgment, and court order after at least 30 days' certified-mail notice. Also provides the statement of amounts due on request.
- Assessment lien
- Judicial foreclosure
- 30-day notice
- Statement on request
Resale disclosure; seven-day voidable right
O.C.G.A. § 44-3-111On the first sale of a residential unit, the buyer may void the contract until at least seven days after the seller furnishes ten specified documents, bound and indexed. The seven-day right may not be waived.
- Resale disclosure
- Seven-day right
- Ten documents
- Cannot be waived
What Georgia condo boards need to know
The Act applies automatically to any condominium created by recording compliant condominium instruments. O.C.G.A. § 44-3-100 requires the declarant to incorporate the association before the declaration is recorded, and makes every unit owner an automatic member of the association.
Assessment collection runs on a statutory lien. O.C.G.A. § 44-3-109(a) gives the association a lien for lawfully assessed sums, prior and superior to most other liens. Enforcement is judicial: § 44-3-109(c) requires the lien to be foreclosed by an action, judgment, and foreclosure in the same manner as other liens for the improvement of real property, after at least 30 days' certified-mail notice, and only if the lien is at least $2,000.00. There is no power-of-sale shortcut for the assessment lien in this section.
Resale disclosure under O.C.G.A. § 44-3-111 gives a first-sale residential buyer the right to void the contract until at least seven days after the seller furnishes the ten documents the statute lists. Under § 44-3-111(c)(1), that right may not be waived.
Amendments under O.C.G.A. § 44-3-93 require two-thirds of the association votes by default, subject to an 80 percent statutory ceiling for most amendments after July 1, 1990, and an amendment takes effect only when recorded.
Common questions about the Georgia Condominium Act
- What is the Georgia Condominium Act?
- The Georgia Condominium Act is O.C.G.A. Article 3, §§ 44-3-70 through 44-3-117. O.C.G.A. § 44-3-70 states that the article may be cited as the Georgia Condominium Act. It governs how a condominium is created by recording condominium instruments, how the association is organized, how assessments are collected and liens enforced, and what a seller must disclose to a buyer.
- Can a Georgia condominium association foreclose its assessment lien without going to court?
- No. O.C.G.A. § 44-3-109(c) provides that, after at least 30 days' written notice by certified mail or statutory overnight delivery, the lien may be foreclosed by the association by an action, judgment, and foreclosure in the same manner as other liens for the improvement of real property. That is judicial foreclosure - it requires a court action, a judgment, and a court order. The statute also bars any foreclosure action unless the lien is at least $2,000.00.
- What does a Georgia condominium seller have to give a buyer?
- O.C.G.A. § 44-3-111 applies to the first bona fide sale of a residential unit for residential occupancy. Under § 44-3-111(b), the contract is voidable by the buyer until at least seven days after the seller furnishes ten specified documents, including the floor plan, the declaration and amendments, the articles and bylaws and amendments, certain leases and management contracts, and the operating budget. Under § 44-3-111(c)(1), that seven-day right may not be waived.
- Does Georgia require condominium reserve studies or milestone inspections?
- The Georgia Condominium Act does not contain a reserve-study mandate or a structural-milestone-inspection schedule comparable to Florida's structural integrity reserve study and milestone inspection requirements. The Act addresses reserves only as a matter of common expenses and condominium instruments - for example, O.C.G.A. § 44-3-71(5) defines common expenses to include funds lawfully assessed for the creation and maintenance of reserves pursuant to the condominium instruments.
- How is a Georgia condominium declaration amended?
- O.C.G.A. § 44-3-93(a)(1) requires the agreement of unit owners holding two-thirds of the votes in the association, or a larger majority if the condominium instruments specify one. Under § 44-3-93(a)(2), from July 1, 1990, no amendment may require approval of more than 80 percent of the association vote and 80 percent of the mortgagee voting interest, subject to a grandfathering provision. Under § 44-3-93(d), an amendment becomes effective only when recorded.
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Official source
Read the full Official Code of Georgia Annotated at legis.ga.gov.