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2018 Georgia Code 44-3-76 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 44-3-76 Case Law from Google Scholar Amendments to OCGA 44-3-76

TITLE 44 PROPERTY

Section 3. Regulation of Specialized Land Transactions, 44-3-1 through 44-3-250.

ARTICLE 3 CONDOMINIUMS

44-3-76. Compliance with condominium instruments, rules, and regulations; means of enforcement.

Every unit owner and all those entitled to occupy a unit shall comply with all lawful provisions of the condominium instruments. In addition, any unit owner and all those entitled to occupy a unit shall comply with any reasonable rules or regulations adopted by the association pursuant to the condominium instruments which have been provided to the unit owners and with the lawful provisions of bylaws of the association. Any lack of such compliance shall be grounds for an action to recover sums due, for damages or injunctive relief, or for any other remedy available at law or in equity, maintainable by the association or, in any proper case, by one or more aggrieved unit owners, on their own behalf or as a class action. If and to the extent provided in the condominium instruments, the association shall be empowered to impose and assess fines, and suspend temporarily voting rights and the right of use of certain of the common elements in order to enforce such compliance; provided, however, that no such suspension shall deny any unit owner or occupants access to the unit owned or occupied nor cause any hazardous or unsanitary condition to exist. If the voting right of a unit owner has been suspended, then to the extent provided in the condominium instruments, that unit owner's vote shall not count for purposes of establishing a quorum or taking any action which requires a vote of the owners under this article or the condominium instruments. Notwithstanding any other provision of this Code section, to the extent provided in the condominium instruments, water, gas, electricity, heat, and air conditioning services being provided to a unit or unit owner by the association may be terminated for failure to pay assessments and other amounts due pursuant to subsection (a) of Code Section 44-3-109, subject to the suspension standards and notice requirements imposed on the institutional providers providing such services to the condominium development, only after a final judgment or final judgments in excess of a total of $750.00 are obtained in favor of the association from a court of competent jurisdiction. The utility services shall not be required to be restored until the judgment or judgments and any reasonable utility provider charges or other reasonable costs incurred in suspending and restoring such services are paid in full. All common expenses for termination and restoration of any services pursuant to this Code section shall be an assessment and a lien against the unit.

(Ga. L. 1975, p. 609, § 13; Ga. L. 1982, p. 3, § 44; Ga. L. 1990, p. 227, § 2; Ga. L. 1994, p. 1943, § 2; Ga. L. 2004, p. 560, § 1.)

Law reviews.

- For article, "Recommended Changes in the Law Affecting Condominium and Homeowner Associations in Georgia," see 1 Ga. St. U.L. Rev. 185 (1985).

JUDICIAL DECISIONS

Exhaustion of alternative remedies not required.

- Association was not required to exhaust alternative remedies as a condition precedent to the association's use of O.C.G.A. § 44-3-76 to enforce the payment of assessments. Fontaine Condominium Ass'n v. Schnacke, 230 Ga. App. 469, 496 S.E.2d 553 (1998).

Termination of common elements to enforce assessments.

- Condominium association was entitled to alter the association's declaration to allow the association to terminate water service from common elements, such as exterior spigots, if a unit owner owed a certain amount in judgment, even though the amendment affected facts retrospectively. Since a unit owner owed more than that amount, the association was granted a preliminary injunction forbidding the unit owner from using any external water spigots and forbidding any other unit owner from allowing that unit owner to use such common element spigots. Frantz v. Piccadilly Place Condo. Ass'n, 278 Ga. 103, 597 S.E.2d 354 (2004).

Vehicle towing.

- Trial court's grant of summary judgment to a condominium association and others in an action by a vehicle owner whose vehicle was towed from the common areas of the condominium complex was proper as the association had authority under the association's declaration as well as pursuant to O.C.G.A. § 44-3-76 to impose rules and regulations regarding the towing of vehicles, there was no showing that the association's rules were selectively enforced, and the notice requirements prior to the towing were complied with by the association. King v. Chism, 279 Ga. App. 712, 632 S.E.2d 463 (2006).

Cited in First Fed. Sav. Bank v. Eaglewood Court Condominium Ass'n, 186 Ga. App. 605, 367 S.E.2d 876 (1988); Spratt v. Henderson Mill Condominium Ass'n, 224 Ga. App. 761, 481 S.E.2d 879 (1997).

RESEARCH REFERENCES

Am. Jur. 2d.

- 15A Am. Jur. 2d, Condominiums and Cooperative Apartments, § 5 et seq.

C.J.S.

- 51C C.J.S., Landlord and Tenant, § 232.

ALR.

- Validity and construction of condominium association's regulations governing members' use of common facilities, 72 A.L.R.3d 308.

Standing to bring action relating to real property of condominium, 74 A.L.R.4th 165.

Validity and construction of regulations of governing body of condominium or cooperative apartment pertaining to parking, 60 A.L.R.5th 647.

Cases Citing O.C.G.A. § 44-3-76

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Frantz v. Piccadilly Place Condo. Ass'n, 597 S.E.2d 354 (Ga. 2004).

Cited 9 times | Published | Supreme Court of Georgia | May 24, 2004 | 278 Ga. 103, 2004 Fulton County D. Rep. 1701

...Frantz, 210 Ga.App. 676, 436 S.E.2d 728 (1993). The Association brought suit against Frantz for unpaid assessments and obtained a judgment and a writ of fieri facias in an amount exceeding $9,000. The Association amended its condominium declaration pursuant to OCGA § 44-3-76 so as to permit it to suspend utilities being provided to a unit after total final judgments exceed $750....
...e judgment, ruling, or order appealed from was final.... OCGA § 5-6-34(d). See also Southeast Ceramics v. Klem, 246 Ga. 294, 295(1), 271 S.E.2d 199 (1980). 2. Frantz contends that the trial court erred in giving retroactive application to both OCGA § 44-3-76 and the amendment to the Association's condominium declaration....
...n the condominium instruments," to terminate certain utility services, including water, "after a final judgment or final judgments in excess of a total of $750.00 are obtained in favor of the association from a court of competent jurisdiction." OCGA § 44-3-76....
...unit did not constitute irreparable harm to him and his family, and that the court should have ordered the immediate restoration of service, because shutting off the water to his unit created a hazardous and unsanitary condition in violation of OCGA § 44-3-76 and the amendment to the declaration....
...In that statute, however, the General Assembly actually determined that the termination of water service does not cause any hazardous or unsanitary condition when it specifically authorized such termination "[n]otwithstanding any other provision of this Code section...." OCGA § 44-3-76....
...the units." (Emphasis supplied.) OCGA § 44-3-71(4). That term is inclusive of "limited common elements." OCGA § 44-3-71(19). Moreover, a common element is not "limited" unless assigned as such in the condominium instruments. OCGA § 44-3-82. OCGA § 44-3-76, like the declaration, empowers the Association to suspend the right of use of "common elements." Therefore, the trial court was authorized to find that the exterior water spigots were common elements, the use of which the Association was entitled to enjoin....