A portion of Georgia HB145 is in favor in part. We want to back the alternative dispute resolution (ADR). I would recommend language that includes at no cost to the member or lot. The language in the bill for certificates timely payment of assessments (dues) is acceptable, but we should push to exclude fines, legal costs, and comparable violations and costs. We can talk about what they must include in the bill.
Georgia House Bill 145 (HB145)
Here is a summary of Georgia House Bill 145 (HB145) with bullet points highlighting the key elements, including sponsors, the legislative process, and main provisions:
Sponsors: Representatives Lewis-Ward (115th District), Drenner (85th District), Frye (122nd District), and Wilkerson (38th District).
Legislative Process: The bill proposes amendments to Article 6 of Chapter 3 of Title 44 of the Official Code of Georgia, specifically addressing issues related to property owners' associations.
Certificates of Good Standing:
Associations must provide certificates of good standing to lot owners who pay their annual assessments on time and have no outstanding balances.
These certificates must be provided within 45 days at no cost to the lot owner.
Alternative Dispute Resolution (ADR):
Associations are required to offer participation in ADR before effectuating a lien on a lot for unpaid assessments.
A written policy for ADR must be adopted, providing a fair, reasonable, and expeditious process.
Policy details must be annually communicated to lot owners and made available upon request.
Lien Positioning:
Liens for unpaid assessments by associations will be inferior to liens for unpaid medical bills, in addition to other specified types of liens like ad valorem taxes, first priority mortgages, and secondary purchase money mortgages.
Effective Date: The Act does not apply to contracts entered into before July 1, 2023.
Repeal of Conflicting Laws: All conflicting laws are repealed.
For further details and updates, the bill can be tracked at the Georgia General Assembly's official website: Georgia HB145.
Sources:
Georgia General Assembly's Official Website Georgia General Assembly - HB 145 (ga.gov)
https://legiscan.com/GA/bill/HB145/20
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