A buyer is purchasing a unit in a Georgia condominium community and wants to understand how the association has the legal authority to charge assessments and place liens on units for unpaid amounts. What is the primary source of an association's power to levy assessments and enforce assessment liens?
Correct Answer
B) The association's recorded declaration, bylaws, and applicable Georgia statutes such as the Georgia Condominium Act provide the legal basis for assessments and related liens.
Under the Georgia Condominium Act (O.C.G.A. § 44-3-80 et seq.) and the Georgia Property Owners' Association Act (O.C.G.A. § 44-3-220 et seq.), an association's authority to levy assessments and enforce liens derives from the recorded declaration, the bylaws, and the applicable statutory framework. These legal documents define the assessment obligation, the lien priority, and the enforcement procedures. Without this legal foundation, an association cannot compel payment.
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- → Under the Georgia Condominium Act, which of the following is NOT required to be included in a condominium declaration?
- → A buyer is considering purchasing a condominium unit in a Georgia community association. The unit itself is in excellent physical condition with no visible defects. However, the association is currently facing a special assessment for major common-area repairs and is involved in pending litigation with a construction contractor. How should the buyer's agent advise regarding these association-level issues?
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