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2018 Georgia Code 44-3-223 | Car Wreck Lawyer

TITLE 44 PROPERTY

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

ARTICLE 6 PROPERTY OWNERS' ASSOCIATIONS

44-3-223. Compliance with provisions of instrument and with rules and regulations; penalties for noncompliance.

Every lot owner and all those entitled to occupy a lot shall comply with all lawful provisions of the property owners' association instrument.In addition, any lot owner and all those entitled to occupy a lot shall comply with any reasonable rules or regulations adopted by the association pursuant to the instrument which have been provided to the lot owners and with the lawful provisions of the 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 lot owners on their own behalf or as a class action.If and to the extent provided in the instrument, 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 areas and services paid for as a common expense in order to enforce such compliance; provided, however, that no such suspension shall deny any lot owner or occupants access to the lot owned or occupied.

(Code 1981, §44-3-223, enacted by Ga. L. 1994, p. 1879, § 1.)

JUDICIAL DECISIONS

Power to collect dues and assessments.

- Georgia Property Owners' Association Act, O.C.G.A. § 44-3-223, gives covenants the force of law, and a homeowners' association acted with privilege when the association exercised the power to collect dues and assessments granted to the association under the covenants; the association was therefore not a stranger to the contracts or the relationship between a developer and lot buyers, and thus was not liable for tortious interference with those contracts or that relationship. Carey Station Vill. Home Owners Ass'n v. Carey Station Vill., Inc., 268 Ga. App. 461, 602 S.E.2d 233 (2004).

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