O.C.G.A. § 44-3-115 (2019)
Construction of this article; substantial compliance; procedure for curing defects in recorded instruments
The provisions of this article and of condominium instruments recorded pursuant thereto shall be liberally construed in favor of the valid establishment of a condominium pursuant to this article with respect to the submitted property. Substantial compliance with the requirements of this article for the establishment of a condominium shall suffice to bring property described in condominium instruments recorded pursuant to this article within the purview and application of this article; and any defects in such instruments or want of conformity with this article may be cured by an amendment thereto duly executed by the association and recorded or, upon application of any unit owner, with notice to the declarant, the association, and all other unit owners, by decree of the court.
History
(Ga. L. 1975, p. 609, § 45.)
Annotations
JUDICIAL DECISIONS
Use of statute to cure defects and breach of contract. - Chapter 11 debtor was not entitled to summary judgment on the debtor's objection to a claim. The issue of the unresolved materiality of purported defects in condominium documents was critical to the determination of whether O.C.G.A. § 44-3-115 could be used to cure the defects and to the underlying breach of contract and warranty claims. In re Foster, Bankr. (Bankr. S.D. Ga. Jan. 16, 2013).
RESEARCH REFERENCES
Am. Jur. 2d. - 17A Am. Jur. 2d, Contracts, §§ 340, 341, 367.
C.J.S. - 17A C.J.S., Contracts, § 332.