§ 44-3-76 — Compliance with condominium instruments, rules, and regulations; means of enforcement

Georgia § 44-3-76

• Jurisdiction: Georgia
• Title: 44

Text

Every unit owner and all those entitled to occupy a unit shall comply with all lawful provisions of the condominium instruments. In addition, any unit owner and all those entitled to occupy a unit shall comply with any reasonable rules or regulations adopted by the association pursuant to the condominium instruments which have been provided to the unit owners and with the lawful provisions of bylaws of the association. Any lack of such compliance shall be grounds for an action to recover sums due, for damages, for 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 unit owners, on their own behalf or as a class action. After providing notice in accordance with the terms of the instrument, or, if the instrument is silent, ten days' written notice, the association may pursue injunctive relief without the need or requirement to first pursue or utilize any other remedies, regardless of whether other remedies may be available or might otherwise be adequate, provided that such notice shall not be required in the event of a violation of the instrument or the reasonable rules or regulations adopted by the association that presents a clear and imminent danger to life, person, or property, or for which injunctive relief would become moot if not granted before a notice period as prescribed above would expire. If and to the extent provided in the condominium instruments, 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 elements in order to enforce such compliance; provided, however, that no such suspension shall deny any unit owner or occupants access to the unit owned or occupied nor cause any hazardous or unsanitary condition to exist. If the voting right of a unit owner has been suspended, then to the extent provided in the condominium instruments, that unit owner's vote shall not count for purposes of establishing a quorum or taking any action which requires a vote of the owners under this article or the condominium instruments. Notwithstanding any other provision of this Code section, to the extent provided in the condominium instruments, water, gas, electricity, heat, and air conditioning services being provided to a unit or unit owner by the association may be terminated for failure to pay assessments and other amounts due pursuant to subsection (a) of Code Section 44-3-109 , subject to the suspension standards and notice requirements imposed on the institutional providers providing such services to the condominium development, only after a final judgment or final judgments in excess of a total of $750.00 are obtained in favor of the association from a court of competent jurisdiction. The utility services shall not be required to be restored until the judgment or judgments and any reasonable utility provider charges or other reasonable costs incurred in suspending and restoring such services are paid in full. All common expenses for termination and restoration of any services pursuant to this Code section shall be an assessment and a lien against the unit.

Legislative History

Amended by 2024 Ga. Laws 388,§ 1, eff. 7/1/2024. Amended by 2004 Ga. Laws 535, § 1, eff. 7/1/2004.