05 LC 9 1571
House
Bill 185
By:
Representative Franklin of the
43rd
A
BILL TO BE ENTITLED
AN ACT
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laws and parts of laws in conflict with this Act are repealed.