O.C.G.A.

O.C.G.A. § 44-3-110 (2019)

Restraints on alienation and rights of first refusal; statement of waiver or failure to exercise rights or restraints; effect of failure to furnish statement

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
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Any rights of first refusal or other restraints on free alienability of the condominium units created by the condominium instruments shall be void unless the condominium instruments make provision for furnishing upon request to any unit owner or person who has executed a contract for the purchase of a condominium unit a recordable statement certifying to any waiver of or failure or refusal to exercise such rights and restraints whenever such waiver, failure, or refusal has occurred. Failure or refusal to furnish that statement within 30 days or such lesser period as the condominium instruments may specify shall cause all such rights and restraints to be inapplicable to the disposition of the condominium unit in contemplation of which such statement was requested. Any such statement shall be binding on the association and on every unit owner. Payment of a fee not exceeding $25.00 may be required as a prerequisite to the issuance of such a statement if the condominium instruments so provide.

History

(Ga. L. 1975, p. 609, § 42.)

Annotations

JUDICIAL DECISIONS Cited in Hill v. Fontaine Condominium Ass’n, 255 Ga. 24, 334 S.E.2d 690 (1985). RESEARCH REFERENCES Am. Jur. 2d. - 15A Am. Jur. 2d, Condominiums and Cooperative Apartments, § 42.

C.J.S. - 31 C.J.S., Estates, § 145 et seq.

Notes of Decisions
Cited in 1 case, 1985–1985 · leading case: Hill v. Fontaine Condo. Ass'n, Inc, 334 S.E.2d 690 (Ga. 1985).
Hill v. Fontaine Condo. Ass'n, Inc, 334 S.E.2d 690 (Ga. 1985). · cites it 4× “" Accordingly, Hill must be bound by the amended terms of the condominium declaration.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.