Georgia Condo Laws: Who Repairs What

Georgia condominiums are governed by the Georgia Condominium Act and each community's declaration, plats, plans, and bylaws. Georgia's default rule puts more on owners than many states: owners maintain their units and, unless the documents say otherwise, the limited common elements that serve them. The Act also has firm master insurance rules and a cap on how much of a deductible can be passed to one owner.

Last reviewed: October 2026

Governing law

Georgia Condominium Act

O.C.G.A. Title 44, Chapter 3, Article 3 (§ 44-3-70 et seq.)

State law sets the defaults. Your declaration (sometimes called the master deed or CC&Rs) usually fills in the details, and it often moves specific items between the owner and the association. Read both together.

Who maintains what

Under O.C.G.A. § 44-3-105, unless the condominium instruments say otherwise, the association is responsible for maintenance, repair, and replacement of the common elements other than limited common elements. Each owner is responsible for the unit and for any limited common elements assigned to it. That means a balcony or patio that serves only your unit may be your job by default. Owners must give reasonable access through their units, and whoever causes damage while taking access, owner or association, must promptly repair it. Section 44-3-80 adds that costs for limited common elements are specially assessed to the unit they serve, unless the instruments provide otherwise.

For a component-by-component breakdown, see who pays for what and limited common elements.

Unit boundaries

Section 44-3-75 provides default rules when walls, floors, or ceilings are the unit boundaries, unless the instruments say otherwise. Doors and windows in those boundaries, plus lath, wallboard, plaster, paneling, molding, tiles, wallpaper, paint, and finished flooring, are part of the unit. Other parts of those walls, floors, and ceilings are common elements. Chutes, flues, ducts, and wires serving only one unit belong to that unit. Shutters, awnings, porches, balconies, and patios serving one unit are its limited common elements.

Boundaries decide most repair disputes, from plumbing leaks to windows. Our unit boundaries guide explains how to read them.

Key provisions

Owners maintain their units and assigned limited common elements by default; the association maintains the other common elements (§ 44-3-105).
By default, doors and windows in the unit's boundary walls are part of the unit (§ 44-3-75).
The association must carry property insurance at full insurable replacement cost, less deductibles, plus liability coverage of at least $1 million per occurrence and $2 million aggregate (§ 44-3-107).
No more than $5,000 of a deductible can be allocated to any one owner per casualty loss (§ 44-3-94).
The association's lien for assessments ranks ahead of most other liens, with exceptions such as taxes and first priority mortgages (§ 44-3-109).

Reserve studies

The Georgia Condominium Act does not require a reserve study. Reserves depend on your declaration and budget, though § 44-3-80 limits using money collected for reserves to pay ordinary common expenses while a declarant is excused from paying assessments.

Thin reserves often turn into special assessments. See reserve study red flags for what to look for.

What is different in Georgia

The $5,000 deductible cap

Georgia limits how much of the master policy deductible an association can pass to a single owner. Under § 44-3-94, the association may split a reasonable deductible equitably between itself and the affected owners, but no more than $5,000 per casualty loss may be allocated to any one owner. In 2026, Senate Bill 230 would have raised that cap to $25,000 and required notice to owners of deductible changes. It passed the Senate but did not pass the House, so the $5,000 cap remains. Watch for future bills.

2026 Property Owners' Bill of Rights Act

Governor Kemp signed Senate Bill 406, the Georgia Property Owners' Bill of Rights Act, on May 12, 2026. According to the Community Associations Institute, it reaches condominium associations formed under the Condominium Act. Changes include registration with the Secretary of State, a higher minimum debt before an association can foreclose on its lien, a longer foreclosure notice period, and new limits on collecting attorney fees. Most provisions take effect January 1, 2027, and the attorney fee rules took effect July 1, 2026. Ask your association how it is preparing.

Insurance and deductibles

Section 44-3-107 requires the association to obtain property insurance for the full insurable replacement cost of the buildings, less deductibles. The statute lists items covered within units, including HVAC systems, drywall, floors, wall and floor coverings, plumbing, electrical lines, cabinetry, and appliances. The association must also carry commercial general liability coverage of at least $1 million per occurrence and $2 million aggregate, covering the association, its board and agents, and all owners and occupants. Owners still need their own policy for personal property, liability, and their share of deductibles. Under § 44-3-94, no more than $5,000 of a deductible may be allocated to one owner per loss.

Buying or selling a Georgia condo

The Georgia Condominium Act does not create a full resale certificate package like some states. Under § 44-3-109(d), an owner, a buyer under contract, or a lender can make a written request to the association for a statement of past due assessments, late charges, and interest. If the association fails to provide it within five business days, its lien is extinguished as to that buyer or lender. The statement is binding on the association. Buyers should still request the declaration, budget, minutes, and insurance details through the contract.

Frequently Asked Questions

Who maintains my balcony in a Georgia condo?

Often you do. Under § 44-3-105, unless your declaration says otherwise, each owner is responsible for maintenance, repair, and replacement of the limited common elements assigned to the unit. Section 44-3-75 treats balconies, patios, porches, and similar items serving one unit as its limited common elements by default. Many Georgia declarations change this, so read yours.

Are windows part of my unit in Georgia?

By default, yes. When walls are the unit boundaries, § 44-3-75 says the doors and windows in those walls, along with finished surfaces like drywall and paint, are part of the unit. That usually makes them the owner's maintenance responsibility under § 44-3-105, unless the declaration says otherwise. Check whether your declaration assigns exterior windows to the association.

How much of the master policy deductible can my Georgia association charge me?

No more than $5,000 per casualty loss under § 44-3-94, and the allocation must be equitable and the deductible reasonable. A 2026 bill to raise the cap to $25,000 did not pass the House. Consider loss assessment coverage on your HO-6 policy to cover this exposure.

Does Georgia require condo associations to have reserves or a reserve study?

We did not find a statutory reserve study requirement in the Georgia Condominium Act. Whether an association funds reserves, and how much, usually comes from the declaration and the board's budget. Buyers should ask for the budget, any reserve study, and recent minutes to see if special assessments are likely.

Can a buyer be stuck with the seller's unpaid condo dues in Georgia?

The association's lien follows the unit, so buyers should request a written statement of amounts due under § 44-3-109(d). If the association does not provide it within five business days of a proper written request, the lien is extinguished as to that buyer. The statement amount is binding on the association.

Important: This is a general overview of Georgia condo law for education, not legal advice. Laws change, and your declaration and bylaws control many details. For a specific dispute, talk to a Georgia-licensed attorney.

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