The Georgia Condominium Act: What Condo Owners Should Know
Condominiums can pose some complicated questions about insurance liability for both policyholders and condo associations. This blog helps explain some of the provisions in the Georgia Condominium Act that govern responsibility for damages and repairs to common and limited common elements within a condominium.
What Is the Georgia Condominium Act?
The Georgia Condominium Act (GCA) is the law that regulates all condominiums built after July 1, 1975. Among other things, it specifies the type of insurance that must be obtained by condo associations and the particular parts of the building and its units that the insurance must cover.
What Does 44-3-107 of Georgia’s Condominium Act Require for Insurance?
Georgia’s Condominium Act requires that the condo association obtain an insurance policy that is responsible for covering the HVAC system, all sheetrock and plasterboard comprising the walls and ceilings of units, and the following items within condo units:
- Floors and subfloors
- Walls, ceilings, and floor coverings
- Plumbing, electrical lines, and fixtures
- Built-in cabinetry
- All appliances used for refrigeration, cooking, laundry, and dishwashing
The law specifies that the insurance policy must cover the items in that list so that they can rebuilt to the original installation – i.e., “of the type and quality initially installed, or replacements thereof of like kind and quality in accordance with the original plans and specifications, or as they existed at the time the condominium unit was initially conveyed.”
44-3-107 also requires condo associations to obtain general liability insurance covering bodily injury and property damage for at least $1 million for a single occurrence and $2 million aggregate to cover “occurrences commonly insured against arising out of or in connection with the use, ownership, or maintenance of the common elements or other portion of the condominium which the association has the responsibility to maintain.”
Who Is Responsible for the Common Elements Within a Condominium Development?
The condominium association is responsible for all “common elements” of a condo property. Common elements of a condominium include all portions of the property other than the units. Some examples of common elements include:
- Lobbies
- Garages
- Fitness centers
- Hallways
- Elevators
- Swimming pools
- Landscaping
Who Pays for Limited Common Element Repairs in Georgia?
Limited common elements are the parts of a condo that are part of individually owned units but that are nevertheless considered community property rather than simply property of the unit owner. The maintenance of limited common elements is usually the responsibility of the condo association, though it’s important to read the details of your condo’s declaration to see if it specifies otherwise and, if so, for what elements.
Make Sure You’re Covered
Figuring out who’s responsible for what when something goes wrong at a condominium can be particularly contentious and complicated. At Merlin Law Group, our attorneys have decades of experience making sure that policyholders are properly protected. To learn more about how Merlin helps its clients, check out these resources:
- Condominium Hurricane Preparedness
- Fighting Against Insurer Tactics
- Filing a Property Insurance Claim
- Hiring the Right Insurance Claim Attorney
Why Merlin?
Are you fighting an insurance company that won’t pay out on claims or battling with your HOA over whose insurance policy is responsible for damage that affects your unit? With nearly 40 years of practice and $2 billion in recovered claims, our team stands by your side to ensure you can face any insurance challenge with confidence. Contact us today for a consultation, or read more about how we act as your trusted advocate.