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Ga Community AssociationAssociation_documents_disclosures_and_resale_issuesEASY

A buyer asks a Georgia licensee whether a special assessment recently levied by the homeowners association will affect the purchase. How should the licensee characterize this issue?

Correct Answer

B) As an association-document and resale-practice issue requiring review of the association's financial records, assessment resolution, and any applicable resale disclosure packet.

Special assessments are association financial obligations that may transfer to or affect a new buyer. Under the Georgia Property Owners' Association Act (O.C.G.A. § 44-3-220 et seq.) and the Georgia Condominium Act (O.C.G.A. § 44-3-70 et seq.), these are properly categorized as association-document and resale-practice issues. They require review of the assessment resolution, the association's governing documents, and any resale disclosure packet—not treatment under the stigma disclosure statute (O.C.G.A. § 44-1-16), which addresses psychological impacts on property such as deaths or criminal activity, not financial obligations of an association.

Answer Options
A
As a property stigma issue subject to the disclosure limitations of O.C.G.A. § 44-1-16, since the assessment relates to the property's reputation rather than its physical condition.
B
As an association-document and resale-practice issue requiring review of the association's financial records, assessment resolution, and any applicable resale disclosure packet.
C
As a title defect that must be resolved through a quiet title action before closing can proceed.
D
As a matter solely between the seller and the association that has no bearing on the buyer's purchase decision or financing.

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georgiastate_portionassociation_documents_disclosures_and_resale_issuesga_community_association
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