O.C.G.A.

O.C.G.A. § 44-3-113 (2019)

Applicability of this article; effect on existing condominiums

✓ 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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(a) This article shall apply to all property which is submitted to this article and shall also apply to any condominium created prior to October 1, 1975, pursuant to the ‘‘Apartment Ownership Act’’ if the instruments creating such condominium are amended in accordance with their terms in order to submit the condominium to this article. (b) Existing condominiums created pursuant to the ‘‘Apartment Ownership Act’’ may amend the instruments creating them in certain respects in order to avail themselves of this article; provided, however, that any amendment must conform the instrument or instruments creating the condominium to this article in all necessary respects and the condominium shall thereafter be deemed to be submitted to this article. No condominium shall be established under the ‘‘Apartment Ownership Act’’ on or after October 1, 1975. Nothing contained in this article shall be construed to affect the validity of any provision of any instrument recorded prior to October 1, 1975.

History

(Ga. L. 1975, p. 609, § 2.)

Annotations

Code Commission notes. - The Apartment Ownership Act, Ga. L. 1963, p. 561, has

not been codified in view of the provisions of this Code section.

JUDICIAL DECISIONS Georgia Condominium Act held inapplicable. - As an assignee of a condominium association’s interest in unpaid condominium assessments and liens in a unit presented no evidence that the declaration of condominium, recorded before enactment of the Georgia Condominium Act, O.C.G.A. § 44-3-70 et seq., was amended to submit the condominium to the Act, the assignee failed to show that the lien priority provisions of

O.C.G.A. § 44-3-109 of the Act applied. Therefore, upon a creditor’s foreclosure of its deed to secure debt, the provisions of the declaration operated to extinguish the assignee’s lien for condominium assessments. Denhardt v. 7 Bay Traders LLC, 296 Ga. App. 122, 673 S.E.2d 621 (2009). Cited in Devins v. Leafmore Forest Condominium Ass’n, 200 Ga. App. 158, 407 S.E.2d 76 (1991).

Notes of Decisions

Cited in 4 cases (1 in the last 5 years), 1991–2025 · leading case: Devins v. Leafmore Forest Condo. Ass'n of Owners, 407 S.E.2d 76 (Ga. Ct. App. 1991).

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Devins v. Leafmore Forest Condo. Ass'n of Owners, 407 S.E.2d 76 (Ga. Ct. App. 1991). · cites it 2× “See OCGA § 44-3-113. As Leafmore Forest Condominiums was created pursuant to the Apartment Ownership Act and has not amended its instruments in accordance with the Georgia Condominium Act, it continues to be governed by the earlier, but not by the latter statute.”

Denhardt v. 7 Bay Traders LLC, 673 S.E.2d 621 (Ga. Ct. App. 2009). · cites it 6× “” OCGA § 44-3-113 (b). Rather, the act applies to “all property which is submitted to this article,” and “any condominium created prior to October 1, 1975, pursuant to the ‘Apartment Ownership Act’ if the instruments creating such condominium are amended in accordance with their…”

Tuscany Condo. Ass'n, Inc. v. C.p., an Adult Female (Ga. Ct. App. 2025). · cites it 2× “2 See OCGA § 44-3-113 (a). 3 See Declaration, ¶ 17 (“MAINTENANCE RESPONSIBILITY”).”

Heard v. Whitehall Forest East Homeowners Ass'n, 495 S.E.2d 318 (Ga. Ct. App. 1997). · cites it 2× “) apply to this case or that the requirements of OCGA § 44-3-113 were satisfied.”

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.