07 LC
36 0466
House
Bill 261
By:
Representatives Manning of the
32nd,
Smith of the
113th,
Reese of the
98th,
and Scott of the
2nd
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, relating to property owners´ associations, so as to provide for
changes to the limitations on amendments to covenants running with land; to
provide for related matters; 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, relating
to property owners´ associations, is amended by revising Code Section
44-3-234, relating to the application of Article 6 to covenants, as
follows:
"4-3-234.
(a)
The limitations provided in subsection (b) and paragraphs
(1), (2),
and (4)
(1) and
(2) of subsection (d) of Code Section
44-5-60 shall not apply to any covenants contained in any instrument created
pursuant to or submitted to this article.
(b)
The limitations provided in paragraph (4) of subsection (d) of Code Section
44-5-60 shall not apply to any covenants contained in any instrument created
pursuant to or submitted to this article except for those covenants limiting,
restricting, or regulating the right of a declarant, owner, lot owner, or lessee
to lease a lot or property, provided that:
(1)
This subsection shall be construed to restrict the association from exercising
its power in accordance with subsection (c) or paragraph (3) of subsection (a)
of Code Section 44-3-231; and
(2)
Nothing in this subsection shall restrict the right of the association to adopt
reasonable uniform rules and regulations governing the care and maintenance of
lots and properties."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.