Georgia guide
Georgia condo document review
Georgia condo document review centers on the Georgia Condominium Act (O.C.G.A. §44-3-70 et seq.) and on a deceptively contract-first practice environment.
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The Act mandates initial-sale disclosures and a 7-day rescission for new condos sold by the declarant, but provides no statutory rescission for unit-owner resales. The declaration, current budget, master policy, and recent minutes are the documents that actually govern your transaction — request them explicitly, because no central disclosure regime forces their delivery.
What the Georgia Condominium Act requires
O.C.G.A. §44-3-107 requires associations to maintain reserves for deferred maintenance in the annual budget, property insurance at full replacement cost, and general liability insurance with $1M/$2M minimums. §44-3-111 requires a developer disclosure package and a 7-day rescission for initial sales of new condos. Resales by current owners are not subject to a statutory disclosure regime — the seller and association deliver what the contract and (less often) the declaration require.
What to request for a resale transaction
Declaration and amendments, bylaws, current operating budget (with reserve line items), recent financial statements, master policy declarations page and exclusions endorsement, statement of unpaid assessments for the unit, 18+ months of board minutes, any approved special assessments, and any voluntary reserve study or engineering reports. None of this is automatic — request explicitly.
Reserve disclosure under §44-3-107
The Act requires the operating budget to include reserve line items for deferred maintenance and depreciation but does not require a formal reserve study or any specific funding level. A budget showing minimal or stagnant reserve contributions for a building with material capital needs is legal but signals likely future special assessments. Read the reserve line alongside building age and any voluntary engineering reports.
Litigation and lien disclosure
§44-3-111 requires disclosure of judgments and pending suits against the association for initial sales. Resale practice varies. Request a litigation summary explicitly. Pending construction-defect or insurance-related litigation can affect financing eligibility and the timing of capital programs.
Georgia legal references
- O.C.G.A. §44-3-70 et seq. — Georgia Condominium Act
- O.C.G.A. §44-3-107 — Insurance and reserve requirements
- O.C.G.A. §44-3-111 — Sale of units, disclosure, rescission
Informational only. Not legal advice. Always confirm against current statute and counsel.
Need help applying these Georgia statutes to your specific situation? We can connect you with state-licensed counsel and specialists familiar with this exact regulatory environment.
Find a Georgia specialist →Reviewer's checklist
- Request declaration, amendments, bylaws, and current rules
- Request the current operating budget with reserve line items (§44-3-107)
- Request recent financial statements (not statutorily required for resale)
- Request the master policy declarations page and exclusions endorsement
- Request the unit-level statement of unpaid assessments
- Request 18+ months of board minutes for capital-planning discussions
- Ask about any voluntary reserve study or engineering reports
- Confirm whether SB 406 preparation has been discussed by the board
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Upload condo or HOA documents for a free risk review. We read reserve studies, budgets, meeting minutes, insurance summaries, and assessment exposure — every finding linked to the exact page.
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Related risk areas
Read these next to round out your due diligence
HOA document review
An HOA document review reads the full association document set — declaration or deed restrictions, CC&Rs, bylaws, resale or disclosure certificate, current budget, audited financials, meeting minutes, and any enforcement history — and surfaces the items that actually affect your ownership cost, your usage rights, and your exposure to surprise assessments.
Reserve studies
A reserve study tells you what the association expects to spend on long-term capital repairs and replacements, and whether it is funding those obligations adequately.
Condo Buying Checklist
Buying a condo is not like buying a single-family home.
FAQ
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Risk Intelligence
Get Your Free Condo Risk Report
Upload condo or HOA documents for a free risk review. We read reserve studies, budgets, meeting minutes, insurance summaries, and assessment exposure — every finding linked to the exact page.
Expert Matching
Need a real estate lawyer or mortgage specialist?
We can connect you with vetted real estate lawyers, mortgage brokers, and insurance brokers familiar with the specifics of condo and HOA transactions.
- HOA lawyer
- Mortgage broker
- Insurance broker