hb185.html

05 LC 9 1571

House Bill 185

By: Representative Franklin of the 43rd

A BILL TO BE ENTITLED
AN ACT

To amend Article 6 of Chapter 3 of Title 44 of the Official Code of Georgia Annotated, known as the "Georgia Property Ownerś Association Act," so as to require all meetings of an association or the board of directors thereof to be open to all lot owners; to provide for exceptions; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Article 6 of Chapter 3 of Title 44 of the Official Code of Georgia Annotated, known as the "Georgia Property Ownerś Association Act," is amended by adding a new Code Section 44-3-223.1 to read as follows:

"44-3-223.1.

Except as otherwise provided in this Code section and notwithstanding any provision in the declaration, bylaws, or other documents relating to the association to the contrary, all meetings of an association and its board of directors shall be open to all lot owners and all lot owners so desiring shall be permitted to attend and listen to the deliberations and proceedings, provided that lot owners who are not members of the board of directors may not participate in any deliberation or discussion at any regular or special meeting of the board unless expressly so authorized by a vote of a majority of a quorum of the board. Any meeting or portion of any meeting may be closed to lot owners only if it is limited to consideration of one or more of the following:

(1) Employment or personnel matters;

(2) Legal advice from an attorney for the board or the association;

(3) Pending or contemplated litigation; or

(4) Pending or contemplated matters relating to the enforcement of the associatiońs documents or rules."

SECTION 2.

All laws and parts of laws in conflict with this Act are repealed.