HB 299 - Land use restrictions; breach of covenant; statute of limitations

Georgia House of Representatives - 1995/1996 Sessions

HB 299 - Land use restrictions; breach of covenant; statute of limitations

Page Numbers - 1/ 2
Code Sections - 9-3-29
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House Comm: Judy / Senate Comm: SJudy / House Vote: Yeas 97 Nays 1 Senate Vote: Yeas 53 Nays 0 ---------------------------------------- House Action Senate ---------------------------------------- 1/23/95 Read 1st Time 2/27/95 1/24/95 Read 2nd Time 3/10/95 2/10/95 Favorably Reported 3/9/95 Sub Committee Amend/Sub 2/22/95 Read 3rd Time 3/15/95 2/22/95 Passed/Adopted 3/15/95 FS Comm/Floor Amend/Sub 3/29/95 Sent to Governor 4/18/95 Signed by Governor 356 Act/Veto Number 7/1/95 Effective Date ---------------------------------------- Postponed by the House 2/21 Until 2/22/95 Code Sections amended: 9-3-29
HB 299 LC 22 1634S ______________________________ offers the following substitute to HB 299: A BILL TO BE ENTITLED AN ACT 1- 1 To amend Code Section 9-3-29 of the Official Code of Georgia 1- 2 Annotated, relating to breach of a restrictive covenant, so 1- 3 as to change the statute of limitations applicable to 1- 4 actions for breach for failure to pay assessments or fees; 1- 5 to repeal conflicting laws; and for other purposes. 1- 6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. 1- 7 Code Section 9-3-29 of the Official Code of Georgia 1- 8 Annotated, relating to breach of a restrictive covenant, is 1- 9 amended by striking said Code section in its entirety and 1-10 inserting in lieu thereof a new Code Section 9-3-29 to read 1-11 as follows: 1-12 "9-3-29. (Index) 1-13 (a) All actions for breach of any covenant restricting 1-14 lands to certain uses shall be brought within two years 1-15 after the right of action accrues, excepting violations 1-16 for failure to pay assessments or fees, which shall be 1-17 governed by subsection (b) of this Code section. This 1-18 Code section shall apply to rights of action which may 1-19 accrue as a result of the violation of a building set-back 1-20 line. 1-21 (b) In actions for breach of covenant which accrue as a 1-22 result of the failure to pay assessments or fees, the 1-23 action shall be brought within four years after the right 1-24 of action accrues. 1-25 (c) For the purpose of this Code section, the right of 1-26 action shall accrue immediately upon the violation of the 1-27 covenant restricting lands to certain uses or the 1-28 violation of a set-back line provision. This Code section 1-29 shall not be construed so as to extend any applicable 1-30 statute of limitations affecting actions in equity." -1- (Index) LC 22 1634S SECTION 2. 2/22/95 Passed/Adopted 3/15/95 2- 1 All laws and parts of laws in conflict with this Act are 2- 2 repealed. -2- (Index)

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