Time-Share Estate Title; Recording Transfer or Encumbrance; Taxation

  1. Law
  2. Georgia Code
  3. Property
  4. Regulation of Specialized Land Transactions
  5. Time-Share Projects and Programs
  6. General Provisions
  7. Time-Share Estate Title; Recording Transfer or Encumbrance; Taxation

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  1. A time-share estate is an estate in real property and has the character and incidents of an estate in fee simple at common law or estate for years, if a leasehold, except as expressly modified by this article. This subsection shall supersede any contrary rule at common law.
  2. A document transferring or encumbering a time-share estate in real property shall not be rejected for recordation because of the nature or duration of that estate or interest, provided there is compliance with all requirements necessary to make an instrument recordable.
  3. For purposes of title, each time-share estate constitutes a separate estate or interest in property.
  4. For purposes of local real property taxation, each time-share unit, other than a unit operated for time-share use, shall be valued in the same manner as if such unit were owned by a single taxpayer. The total cumulative purchase price paid by the time-share owners for a unit shall not be utilized by the commissioner of revenue or other local assessing officers as a factor in determining the assessed value of such unit. A unit operated as a time-share use, however, may be assessed the same as other income-producing and investment property. Tax records in a time-share unit shall be in the name of the association or the managing agent.

(Code 1981, §44-3-163, enacted by Ga. L. 1983, p. 1255, § 1; Ga. L. 1989, p. 321, § 2; Ga. L. 1995, p. 1260, § 1.)

Code Commission notes.

- Pursuant to § 28-9-5, in 1985, in the second sentence of subsection (a) "subsection" was substituted for "rule".


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