The federal condominium statute applies to apartments that are converted to condominiums. Under the FDCPA, victims also have the right to sue a debt collector in state or federal court within one year from the violation date.Ĭondominium and Cooperative Conversion Protection and Abuse Relief Act of 1980, 15 USC. HOA fees are considered "debts" under the FDCPA, and homeowners are protected "consumers." Victims of unfair debt collection practices can file a complaint with the Georgia Department of Law Consumer Protection Division, the FTC, or the CFPB. The Act prohibits debt collectors from using abusive, unfair, or deceptive practices when collecting a debt. The Act contains provisions similar to the federal Fair Debt Collections Practices Act (FDCPA). The Act regulates debt collection practices at the state level and only applies to loans of $3,000 or less and is therefore not typically applicable to homeowner associations. of Justice Reasonable Modifications under the Fair Housing Act (2008).Īssessing a Person's Request to Have an Animal as a Reasonable Accommodation Under the Fair Housing Act (2020). of Justice Reasonable Accommodations under the Fair Housing Act (2004). Victims may also file a private lawsuit in the federal district court within two (2) years of the discriminatory Act. Victims of housing discrimination can file a complaint with the Fair Housing Division of the Georgia Commission on Equal Opportunity or HUD within one (1) year from the date of the discriminatory Act. Code §§ 30-4-3 (Right to housing accommodations) and 30-4-1 (definitions). Under the law, an association can incur legal liability for taking an adverse action affecting a person's right to buy, rent, or enjoy the use of real estate based upon that individual's membership in a protected class. The law prohibits discrimination against a person based on race, color, religion, sex, handicap, familial status (the presence of children under the age of 18), or national origin. Code §§ 8-3-200, et seq., applies the federal Fair Housing Act (FHA) protections at the state level. Visit the Georgia Corporations Division to find an association's corporate status. For-profit associations are likewise governed by the Georgia Business Corporation Code, Ga. Thus, if the association is organized as a nonprofit, it will be governed by the Georgia Nonprofit Corporation Code. Georgia associations must be organized as either nonprofit or for-profit corporations before recording a declaration. The law governs nonprofit corporations with regard to corporate structure and procedure. Code §§ 44-3-222 (creation of property owners' development affirmative election to be governed by the article). An association "opts in" to the POAA by recording a declaration (or amending an existing declaration) expressly electing to be governed by the POAA. See Ga. Importantly, associations in Georgia can be organized under the POAA or based on common law principles, in which case the statute is inapplicable. Code §§ 44-3-220, et seq. The Act governs the formation, management, powers, and operation of applicable associations. Georgia Property Owners Association Act (POAA), Ga. Code §§ 44-3-72 (Creation of condominium) and 44-3-74 (recording condominium instruments, plats, plans, and encumbrances). The Act is the primary, but not exclusive, law governing residential condominiums created after October 1, 1975, or condominiums that have opted into the Act by recording a declaration (or amending an existing declaration) in every county where any portion of the condominium is located. See Ga. The Act no longer exists in the printed laws of the State of Georgia. The Act continues to govern those condominium associations that have not submitted the Georgia Condominium Act. While the Georgia Condominium Act superseded the Act on July 1, 1975, it was not repealed ( Ga. Federal Laws - In addition to state law regulations, the federal government has laws that govern the operation and management of common interest communities in Georgia.
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