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2018 Georgia Code 44-3-78 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 44-3-78 Case Law from Google Scholar Amendments to OCGA 44-3-78

TITLE 44 PROPERTY

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

ARTICLE 3 CONDOMINIUMS

44-3-78. Allocation - Interests in common elements.

  1. The declaration shall allocate to each unit depicted on plats or plans that comply with subsections (a) and (b) of Code Section 44-3-83 an undivided interest in the common elements. Such allocation may be by percentage, fraction, formula, or any other method which indicates the relative undivided interests in the common elements. If an equal undivided interest in the common elements is allocated to each unit, the declaration may merely so state.
  2. All of the undivided interests in the common elements shall be allocated to the units created by the declaration and shall be subject to reallocation as provided in this article.
  3. If the undivided interests allocated are other than equal, the undivided interest allocated to each unit shall be reflected by a table or provision in the declaration or by an exhibit or schedule accompanying the declaration and recorded simultaneously therewith identifying the units, listing them serially or grouping them together in the case of units to which identical undivided interests are allocated, and setting forth the fraction, percentage, or other statement of undivided interest in the common elements allocated thereto.
  4. Except to the extent otherwise expressly provided by this article, the undivided interest in the common elements allocated to any unit shall not be altered; and any purported transfer, encumbrance, or other disposition of that interest without the unit to which it pertains shall be void.
  5. The common elements shall not be subject to any action for partition except as provided in Code Sections 44-3-98 and 44-3-99.
  6. No undivided interest in the common elements shall be allocated to any unit unless such unit is depicted on plats or plans that comply with subsections (a) and (b) of Code Section 44-3-83.

(Ga. L. 1975, p. 609, § 15.)

JUDICIAL DECISIONS

Combining parking units with residential units held proper.

- Condominium declaration properly allocated interests in the common elements under O.C.G.A. § 44-3-78(a), and the votes in the condominium association under O.C.G.A. § 44-3-79(a), by combining parking units with residential units, because no provision of the Georgia Condominium Act, O.C.G.A. § 44-3-70 et seq., requires parking units to have voting rights or to have an interest in the common elements that is independent of or separate from the rights and interests of residential units or service units. Park Regency Ptnrs., L.P. v. Gruber, 271 Ga. App. 66, 608 S.E.2d 667 (2004).

Rooftop terrace declared common element versus limited common element.

- Trial court properly granted a condominium association and the association's board summary judgment and properly declared a tenth-floor rooftop terrace a common element for all unit owners in a suit involving a dispute over the terrace because the express terms of the original declaration designated the terrace as a common element. Further, an amendment stating otherwise that was signed by a former managing member, and not the association, no longer controlled since the former managing member's control ended by the time the declarant sought to amend the declaration to assign the entire fenced area of the tenth-floor rooftop terrace as a limited common element benefitting only the penthouse unit. Walker v. 90 Fairlie Condo. Ass'n, 290 Ga. App. 171, 659 S.E.2d 412 (2008).

RESEARCH REFERENCES

Am. Jur. 2d.

- 15A Am. Jur. 2d, Condominiums and Cooperative Apartments, § 29 et seq. 23 Am. Jur. 2d, Deeds, § 192 et seq.

C.J.S.

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

ALR.

- Proper party plaintiff in action for injury to common areas of condominium development, 69 A.L.R.3d 1148.

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

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