O.C.G.A.

O.C.G.A. § 44-3-94 (2019)

Damage or destruction of units; restoration; vote not to restore; allocation of insurance deductible

✓ 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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Unless otherwise provided in the condominium instruments, in the event of damage to or destruction of any unit by a casualty covered under insurance required to be maintained by the association pursuant to Code Section 44-3-107, the association shall cause the unit to be restored. Unless otherwise provided in the condominium instruments, any funds required for such restoration in excess of the insurance proceeds attributable thereto shall be paid by the unit owner of the unit; provided, however, that, in the event that the unit owner of the unit together with the unit owners of other units to which two-thirds of the votes in the association pertain agree not to restore the unit, the unit shall not be restored and the entire undivided interest in the common elements pertaining to that unit shall then pertain to the remaining units, to be allocated to them in proportion to their undivided interests in the common elements, and the remaining portion of that unit shall thenceforth be a part of the common elements. Votes in the association and liability for future common expenses shall thereupon pertain to the remaining units, being allocated to them in proportion to their relative voting strength in the association and liability for common expenses, respectively. To the extent provided for in the condominium instruments, the association may allocate equitably the payment of a reasonable insurance deductible between the association and the unit owners affected by a casualty against which the association is required to insure; provided, however, that the amount of deductible which can be allocated to any one unit owner shall not exceed $2,500.00 per casualty loss covered under any insurance required to be maintained by the association under this article. The existence of a reasonable deductible in any required insurance policy shall not be deemed a failure to maintain insurance as required by this Code section.

History

(Ga. L. 1975, p. 609, § 7; Ga. L. 1983, p. 3, § 33; Ga. L. 1990, p. 227, § 8; Ga. L. 2004, p. 560, § 4.)

Annotations

JUDICIAL DECISIONS Cited in Powers v. Jones, 185 Ga. App. 859, 366 S.E.2d 234 (1988). RESEARCH REFERENCES ALR. - Liability of vendor of condominiums for damage occasioned by defective condition thereof, 50 ALR3d 1071.

Proper party plaintiff in action for injury to common areas of condominium development, 69 ALR3d 1148.

Notes of Decisions
Cited in 2 cases, 1988–2020 · leading case: Powers v. Jones, 366 S.E.2d 234 (Ga. Ct. App. 1988).
Powers v. Jones, 366 S.E.2d 234 (Ga. Ct. App. 1988). · cites it 3× “The payment was the plaintiffs’ entitlement under their own coverage for which they paid dues to the association, and under OCGA § 44-3-94. Likewise the liability of the defendant-appellees is not the liability of a condominium “unit” or owner insured under the policy, but is…”
Villa Sonoma Perimeter Summit Condo. Ass'n, Inc. v. Jesse F. Mainor (Ga. Ct. App. 2020). · cites it 2× “If the association was required to have coverage for water leaks pursuant to the Act then, at most, under OCGA § 44-3-94 the deductible allocated per casualty loss could not exceed $5,000.”
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.