Expert: Robert Paisola - 9/3/2006

Question
I work for a private RV resort.  We sell ownerships via Warranty Deed that allows them to stay 14 days each month of a 10 month camping season.  This is a not a time share situation.  They purchase and undivided interest in the entire resort.  The only obligatory cost to them is an annual maintenance fee of $325.00.  We have been in business since 1983 and over the years, we have several owners who have neglected to pay the fees.  After doing extensive follow-up with letters, calls, etc., we still have many we cannot contact.

Is it possible to place a legal advertisement in a newspaper in the town of last known address notifying the owner and/or heirs that the fees are due and legally take back the ownership if no response is forthcoming in a certain time frame?

We are in Georgia and operation under the Georgia Condominium Act.  

Thank you very much.

Answer
Good Evening Christine,

This issue is one that can become very complicated, as you are dealing with lien law issues and in dealing with these types of claims, you will need to look at the governing statute in The State of Georgia.

If I were you, I would simply call a local attorney to confirm the proper steps that you need to take.

I did some research for you and here is what the law says:

44-3-71 G
*** CODE SECTION ***  12/03/01
   
 44-3-71.
   
 As used in this article, the term:
   
   (1) "Additional property" means any property which may be added to
   an expandable condominium in accordance with the provisions of the
   declaration and this article.
   
   (2) "Association" means a corporation formed for the purpose of
   exercising the powers of the association of any condominium
   created pursuant to this article.
   
   (3) "Board of directors" or "board" means an executive and
   administrative body, by whatever name denominated, designated in
   the condominium instruments as the governing body of the
   association.
   
   (4) "Common elements" means all portions of the condominium other
   than the units.
   
   (5) "Common expenses" means all expenditures lawfully made or
   incurred by or on behalf of the association together with all
   funds lawfully assessed for the creation and maintenance of
   reserves pursuant to the provisions of the condominium
   instruments.
   
   (6) "Common profits" means all income collected or accrued by or
   on behalf of the association other than income derived from
   assessments pursuant to Code Section 44-3-80.
   
   (7) "Condominium" means the property lawfully submitted to this
   article by the recordation of condominium instruments pursuant to
   this article. No property shall be deemed to be a condominium
   within the meaning of this article unless undivided interests in
   common elements are vested in the unit owners.
   
   (8) "Condominium instruments" means the declaration and plats and
   plans recorded pursuant to this article. Any exhibit, schedule, or
   certification accompanying a condominium instrument and recorded
   simultaneously therewith shall be deemed an integral part of that
   condominium instrument. Any amendment or certification of any
   condominium instrument shall, from the time of the recordation of
   such amendment or certification, be deemed an integral part of the
   affected condominium instrument so long as such amendment or
   certification was made in accordance with this article.
   
   (9) "Condominium unit" means a unit, as defined in paragraph (28)
   of this Code section, together with the undivided interest in the
   common elements appertaining to that unit.
   
   (10) "Conversion condominium" means a condominium all or part of
   which may be used for residential purposes, which condominium
   contains any building or portion thereof that at any time before
   the recording of the declaration was occupied wholly or partially
   by persons other than persons who, at the time of the recording,
   had contractual rights to acquire one or more units within the
   condominium. This paragraph shall not apply to any condominium
   created prior to July 1, 1980, or to the expansion of any such
   condominium.
   (11) "Convertible space" means a portion of a structure within a
   condominium, which portion may be converted in accordance with
   this article into one or more units or common elements, including,
   but not limited to, limited common elements.
   
   (12) "Court" means the superior court of the county where the
   condominium or any part thereof is located.
   
   (13) "Declarant" means all owners and lessees of the property who
   execute the declaration or on whose behalf the declaration is
   executed; provided, however, that the phrase "owner and lessees,"
   as used in this Code section and in Code Sections 44-3-72 and
   44-3-89, shall not include in his capacity as such any mortgagee,
   any lien holder, any person having an equitable interest under any
   contract for the sale or lease of a unit, or any lessee or tenant
   of a unit. From the time of the recordation of any amendment to
   the declaration expanding an expandable condominium, all persons
   who execute that amendment or on whose behalf that amendment is
   executed shall also come within the definition of "declarant." Any
   successor-in-title of any owner or lessee referred to in this
   paragraph who comes to stand in the same relation to the
   condominium as his predecessor did shall also come within such
   definition.
   
   (14) "Declaration" means the recordable instrument containing
   those matters required by Code Section 44-3-77 and any lawful
   amendments thereto.
   
   (15) "Expandable condominium" means a condominium to which
   additional property may be added in accordance with the
   declaration and this article.
   
   (16) "Foreclosure" means, without limitation, the judicial
   foreclosure of a mortgage and the exercise of a power of sale
   contained in any mortgage.
   
   (17) "Identifying number" means one or more letters, numbers,
   symbols, words, or any combination thereof that identifies only
   one unit in the condominium.
   
   (18) "Leasehold condominium" means a condominium in all or any
   portion of which each unit owner owns an estate for years or
   leasehold estate in his unit or in the property on or within which
   that unit is situated or both. A condominium including an estate
   for years in property, or an interest therein, on or within which
   no units are situated or to be situated shall not be deemed a
   leasehold condominium within the meaning of this article.
   
   (19) "Limited common element" means a portion of the common
   elements reserved for the exclusive use of those entitled to the
   use of one or more, but less than all, of the units.
   
   (20) "Mortgage" means a mortgage, deed to secure debt, deed of
   trust, or other instrument conveying a lien upon or security title
   to property.
   
   (21) "Mortgagee" means the holder of a mortgage.
   
   (22) "Officer" means an officer of the association.
   (23) "Permanently assigned limited common element" means a limited
   common element which cannot be reassigned or which can be
   reassigned only with the consent of the unit owner or owners of
   the unit or units to which it is assigned.
   
   (24) "Person" means a natural person, corporation, partnership,
   association, trust, other entity, or any combination thereof.
   
   (25) "Property" means any real property and any interest in real
   property, including, without limitation, parcels of air space.
   
   (26) "Record" means to file for record in the office of the clerk
   of the superior court of all counties in which the condominium or
   any part thereof is located.
   
   (27) "Submitted property" means the property lawfully submitted to
   this article by the recordation of condominium instruments
   pursuant to this article. Additional property shall be deemed to
   be submitted property upon the expansion of a condominium pursuant
   to this article.
   
   (28) "Unit" means a portion of the condominium intended for any
   type of independent ownership and use. For the purposes of this
   article, a convertible space shall also be deemed a unit.
   
   (29) "Unit owner" means one or more persons, including the
   declarant, who own a condominium unit or, in the case of a
   leasehold condominium, whose leasehold interest or interests in
   the condominium extend for the entire balance of the unexpired
   term or terms.
44-3-72 G
*** CODE SECTION ***  12/03/01
   
 44-3-72.
   
 A condominium shall come into existence upon the recordation of the
 declaration pursuant to this article and of the plats and plans
 required by Code Section 44-3-83. The declaration shall be duly
 executed by or on behalf of all of the owners and lessees of the
 submitted property.
44-3-73.
   
 After the submission of any property to this article, no description
 of a condominium unit located thereon shall be deemed vague,
 uncertain, or otherwise insufficient if it sets forth the
 identifying number of that unit, the name of the condominium, the
 name of the county or counties in which the condominium is located,
 and the deed book and page number where the first page of the
 declaration is recorded. Any such description shall be deemed to
 include the undivided interest in the common elements appertaining
 to such unit even if such interest is not stated or referred to in
 the description.

The full text of the act is located at:
http://www.state.ga.us/cgi-bin/pub/ocode/ocgsearch?docname=OCode/G/44/3/73

Thanks So Much, and please take a few moments to provide positive feedback, so that all of my readers and listeners can see the advice you received was well worth the wait!


Robert Paisola
Chief Executive Officer
Western Capital Financial Services and
The Success Training Network
www.mycollector.com
www.RobertPaisola.com

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