Bill Text: GA HB492 | 2009-2010 | Regular Session | Comm Sub
Bill Title: Time-share projects and programs; private residence clubs; provide definitions
Spectrum: Moderate Partisan Bill (Republican 5-1)
Status: (Passed) 2009-05-05 - Effective Date [HB492 Detail]
Download: Georgia-2009-HB492-Comm_Sub.html
09 LC 28
4796S
The
Senate Economic Development Committee offered the following substitute to HB
492:
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Part 1 of Article 5 of Chapter 3 of Title 44 of the Official Code of
Georgia Annotated, relating to general provisions regarding time-share projects
and programs, so as to provide definitions; to provide that private residence
clubs and private residence club developments are not time-share estates,
time-share programs, time-share projects, or time-share uses; to provide for the
application of certain restrictive covenants; to provide for exceptions to
certain ordinances and regulations; to provide for related matters; to provide
an effective date; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Part
1 of Article 5 of Chapter 3 of Title 44 of the Official Code of Georgia
Annotated, relating to general provisions regarding time-share projects and
programs, is amended by adding a new Code section to read as
follows:
"44-3-162.1.
(a)
As used in this Code section, the term:
(1)
'Private residence club' means an improvement located on real property,
including, but not limited to, a single-family residence, the title to which is
held by a maximum of eight individuals as tenants in common in fee simple or by
a limited liability company containing not greater than eight members, and the
use of such improvement or residence includes, without limitation, exclusive
occupancy for certain time periods which are determined among the titleholders
or limited liability company members by project instrument, including, but not
limited to, a declaration of restrictive covenants, a contract, or otherwise. A
private residence club may or may not be located in a private residence club
development.
(2)
'Private residence club development' means a development of at least two private
residence clubs in which the titleholders or members of the limited liability
company, as respects to each private residence club, contractually agree by
project instrument, contract, or otherwise to permit occupancy for certain time
periods to the titleholders or members of the limited liability company as exist
with respect to any or all of the private residence clubs in the private
residence club development.
(b)
Neither a private residence club nor a private residence club development shall
be considered a time-share estate, time-share program, time-share project, or
time-share use under this article, and this article shall not be applicable to
private residence clubs or private residence club developments; provided,
however, that, notwithstanding the foregoing, if there exists a restrictive
covenant on real estate that restricts or prohibits time-share estates,
time-share programs, time-share projects, or time-share uses, such restrictive
covenants shall equally restrict or prohibit a private residence club and a
private residence club development unless such restrictive covenant expressly
states that it does not apply to private residence clubs and private residence
club developments. No zoning, subdivision, or building code or other real
estate use ordinance or regulation shall prohibit a private residence club form
of ownership or impose any requirement upon a private residence club which it
does not impose upon a physically identical improvement or development under a
different form of ownership. No subdivision law, ordinance, or regulation shall
apply to any division of an improvement, including a single-family residence,
into a private residence club or private residence club
development."
SECTION
2.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.