Legislative Highlights

2024 Legislative Highlights

Unveiling the Scooby-Doo Approach to Legislative Solutions
Connecting the Missing Pieces in Georgia’s 2024 Session

As a kid, one of my favorite shows to watch was Scooby Doo. I used to love to watch it after school. Every episode ended with the “meddling kids” explaining how they solved the mystery. There was always the reference to the one piece of the puzzle that had been missing that linked everything to the final conclusion. There was always that one bit that made everything come together and make sense.

For years since, I’ve always thought back on how the Scooby Doo gang could take the simplest, oddest discovery of something like a freezer full of dry ice to establish the link between the failing amusement park’s owner and the pirate ghost terrorizing the town. But in life, sometimes all we need is that weird little bit to connect the dots to solve the latest problem that has arisen.

With that in mind, the 2024 legislative session could be described as a fairly good Scooby Doo kind of session. As we entered the year, we had a few pirate ghosts of sorts terrorizing the town. Namely, deed theft, squatters and solicitation scams were the latest ghosts of the old prospectors hitting the state. Anyone looking at these issues would think to themselves that there ought to be a law that already exists that addresses this problem. And those assumptions weren’t really wrong. The problem was one we often see; there’s a law, but it is really difficult to enforce.

I’m never a fan of approaching legislation with the mindset of, “Its illegal, but we need to make it more illegal.” If there is already a law, another law added on top isn’t going to really do any good. But that isn’t really what we had. We had some decent laws in place, but the ability to get to the enforcement action was missing a few steps; the Scooby Doo missing piece wasn’t in place. We had to find the sasquatch boots to link the weird footprints to farmer Fred.

HB 1292: Deed Theft
Let’s first take a look at deed theft. Since 2005, the filing of a false deed has been a violation of O.C.G.A. §16-8-102, Georgia’s Mortgage Fraud Act, that carries a penalty of up to 20 years in prison and a $100,000 fine. That being the case, why wasn’t it a straightforward process to go after the latest rise in folks filing bogus quitclaim deeds, transferring ownership of real property for fraudulent purposes? The reason was that under existing law, the filing of a deed in Georgia was fairly easy. If a fraudster forged a deed and mailed it to the Superior Court Clerk, the deed was simply recorded. HB 1292 will add an extra step of validating the filer of the deed to the process. No longer will an unverified individual be able to record a deed; there will be steps in place to place an identity with the filer. Why is this important? Without that validation, the enforcement of the Mortgage Fraud Act is nearly impossible. Sure, it was illegal, but without an established identity to be charged, effectively, this was nothing more than the actions of the ghost haunting the town. HB 1292 provides the sheets stored in the janitor’s closet to identify who is responsible for the actions.

HB 1017: Squatters
Likewise, breaking into someone’s property and establishing residence has never been an established right touted by the State of Georgia, but squatters have become a real and increasingly concerning issue over the recent months leading up to the 2024 session. While laws existed on the books, simple phrases that were being scripted could be recited to sheriffs who would then flip the removal of an intruder to a civil action of eviction that would extend the process into months when it should have been days. The archaic laws that stemmed from a more innocent time were being twisted and abused to allow unauthorized occupants greater protections and time than actual tenants facing legitimate evictions.

Clearly, existing law was missing a critical element to be effective. HB 1017 provided that missing piece. HB 1017 brings into law a simple, but essential component: the written affidavit. O.C.G.A. §16-10-20.1 provides a sentence of up to 10 years in prison and a $10,000 fine for fraud against public administration by the entering of a false document into the record. Any squatter that previously claimed to be a tenant now must provide an affidavit to gain the same standing. The false affidavit triggers that felony action, whereas the verbal statement did not. So, what was previously a civil action extending their free stay in the dwelling now carries a much stiffer penalty (albeit with potentially 10 years of rent-free accommodations, per se).

HB 1292: Scam Solicitations
And what about the scam solicitations? In 2023, SB 90 brought in a requirement for unlicensed solicitations to carry a prescribed disclosure. HB 1292 adds on to that disclosure further, more detailed disclaimers. HB 1292 also makes the failure to include these disclaimers a misdemeanor and increases the penalties from $200, to $600. That misdemeanor provision and increased penalty is merely a steppingstone that provides the missing Scooby Doo bit to connect to the more serious penalty. Any scammer attempting to establish an illegal net listing, not only establishes the prime facie case of the failure to include a disclaimer, but potentially makes the opening of an elder financial fraud case under O.C.G.A. § 16-5-102 all the easier. Anyone targeting the elderly, or the mentally disadvantaged could face a felony carrying a 20-year prison sentence and $50,000 fine.

With a record 47 bills actively worked on this session and a record 68 percent success rate, there are a lot more bills than just what was covered in this short detailing. To get an overview of these bills visit garealtor.com, and under the Advocacy tab on the home page, click on Legislative resources and then click on Legislative Highlights. Should you have any questions, or need any further detail on these bills, connect to . We love hearing from you and look forward to answering any inquiries you may have.

Jeff Ledford is the Advocacy Officer for the Georgia REALTORS®.

2023 Legislative Highlights

Rental Regulations, Defense Against Predatory Practices and More

The 2023 Session of the Georgia General Assembly was an extremely active one for the Georgia REALTORS. We were able to get seven priority bills passed and successfully defeated 10 bills that would have negatively impacted the industry, or private property rights (none of the bills that GAR opposed were passed).

Here are a few of the highlights from the 2023 Session.

Predatory Practices
SB 90 addresses two types of predatory practice that have been on the rise in recent years:

One centers on title being clouded by a listing agreement being filed as a lien on the property. Typically, this listing agreement, or option to list, extends for several decades and often hits individuals who were never a party to the agreement. SB 90 stops the action of filing the listing agreement, or option to list with the clerk’s office and establishes that any accidental filing does not create a lien and is voidable.
The other practice is commonly known as wholesaling. Unlicensed individuals offer to purchase a property with an assignable contract and then turn around and find a buyer for a much higher amount. Essentially, this is a net listing and would be grounds for a licensee to lose their license. SB 90 prohibits non-licensees from cold-calling or sending written solicitations to purchase property without certain disclosures. In doing so, it cuts off the spigot and makes unlicensed operator cases easier to open and prosecute.

Protecting Private Property
These three bills provide some new protections for property owners excessive regulations at the local level:

HB 374 allows the property owner to use whatever utilities are available to them, regardless of the fuel source. This leaves the decision in the hands of the property owner to decide what utilities best serve their needs.
SB 121 permits property owners to install a well on their property so long as it meets certain land size requirements and does not impede on other restrictions in regulations, or code.
SB 213 allows an individual to replace a manufactured home that is currently grandfathered in. This bill applies to manufactured homes that are located on land owned or leased by the owner of the dwelling.

Tax Relief

HB 311 provides the mechanism for local governments to temporarily reduce the property tax burden on properties affected by declared natural disasters. Local governments are required to adopt a structure and then are given multiple options of how the property tax reductions can be given.

Rental Regulations
Of the 10 bills that we were able to defeat, several centered on rental properties. A few of these bills would have allowed local governments to create rental registries:

Georgia prohibits local governments from maintaining registries of rental properties. This law stemmed from the use of registries to focus on rental properties and run unannounced inspections of these homes. This practice was being used to intimidate renters and treat them as a second class citizens. If these bills passed, local inspectors could show up at homes of renters and search the dwelling without a warrant, or probable cause of a violation.
Another bill would have required landlords to provide a report of all criminal activity in the area. Though crime reports are public record, the production of the list is not under the control of the landlord and many police departments acknowledge that the lists they create may not be totally accurate. If this bill had passed, a landlord would be in violation of the law by simply obtaining an inaccurate or outdated list from the only source of the list.
There was also a drive to allow rent control in Georgia. The push for rent control comes from the rise of rental rates. However, in states that have rent control, they are seeing the opposite. While the properties under the restrictions are kept artificially low, the pressure hits the remaining properties and overall rates rise even more dramatically. The cause of high rental rates is not the lack of rent control being on the books, but the inadequate supply of housing in our current market.
A few other bills would have placed new and duplicative requirements on landlords. Ultimately, these requirements would make the management of properties far more complex without addressing the real problem (cited above) of the inadequate supply of housing in the market.

Jeff Ledford is the Chief Advocacy Officer for the Georgia REALTORS®.

2022 Legislative Highlights

Before we dive into a recap of the 2022 Legislative Session, let’s first see how it breaks down by the numbers.

In Georgia, the General Assembly meets for a two-year stretch called the Biennium. This year was the last half of the 2021-2022 Biennium in which 4,522 pieces of legislation were dropped. Legislation that does not get passed in the first year can live into the second year of a biennium. Of those 4,522 pieces of legislation, there were 1,267 House Bills and 486 Senate Bills that moved forward into 2022. Of those bills, we kept an eye on 153 in our Legislative Bulletin and actively worked on 31 bills on our Legislative Priority Sheet. Of those 31, we were able to move 9 bills that we supported across the finish line and were able to defeat all 12 bills that we opposed. While 2022 was definitely a defensive year, it was also one of the more active sessions we have had in recent years.

Notable in the 2022 Session was a high number of bills dealing with evictions and landlord tenant law. In the aftermath of the COVID cited eviction moratoriums, there were several bills that would have:

sought to extend the time-frame for evictions;
added additional layers to the eviction process;
automatically seal the records in dispossessory proceedings;
assessed potential sanitation fees for unrecovered items left in the right of way after an eviction, to be paid by the landlord at the filing of a dispossessory; and
establish tenant protections so that landlords could not refuse to lease to an individual based on an eviction that occurred during the COVID-19 pandemic.

Beyond the eviction related bills, there were several that would have shifted greater burdens onto landlords by increasing mandated notifications to tenants and requiring landlords to research and provide neighborhood criminal activity reports. Ultimately, these bills would have made it more difficult to provide rental housing, further exacerbating the lack of affordable workforce housing options through the rental market.

As with all legislative sessions, private property rights were at the forefront of our priorities this year. In that arena, we were able to:

pass increased protections to better prosecute trespassing onto private property in instances of illegal hunting;
established clear and straightforward procedures to appeal zoning decisions subsequent to court rulings that muddled the waters in the zoning appeals process a few years back; and
prevent landowners from being civilly liable for not allowing firearms on private property.

With housing costs soaring and supply at an alarming low, affordability was another key element in the 2022 Session. A House Study Committee on Housing Affordability was approved after a hard-fought battle with local governments. Study committees are usually non-controversial and thus, there is little opposition to their passage. However, this particular study committee faced contentious opposition from local government lobbying groups and several legislators that support increased local government regulations. Nonetheless, the formation of the Committee ultimately succeeded, and we look forward to participating in the off-season study into measures that can be taken to increase the workforce housing options available to Georgia citizens. In addition to the creation of this study Committee, we were also able to pass bills that will:

allow the use of ungraded lumber for non-inhabited structures. Thus, reducing some of the pressures on demand (and pricing) of graded lumber used in home construction;
permit non-judicial foreclosure in timeshare units. Ultimately, allowing these units to more cost-effectively transition into new uses; and
prevented local legislation that would have mandated a two-tiered approval of developments requiring the blessing of both the County Commission and the School Board for those developments to move forward. This proposal would not only have been in violation of the Georgia Constitution but would have added an additional layer to the bureaucracy of providing housing to Georgians.

In addition to increasing opportunities for Georgians in regard to housing options, we were also able to get rural economic growth legislation passed. Joint regional development authorities are nothing new. However, until the 2022 Session, these authorities could not optimize the maximum tax incentives to attract industry. In 2022, we were able to get legislation passed that allowed these regional authorities to leverage the optimal incentives, based on the lowest tiered county in the authority, to compete for growth and job creation in the region.

All in all, it was a successful session for private upholding private property rights, establishing measures to provide greater housing options to Georgians, and to seek expanded economic growth across the state.

2021 Advocacy Highlights & Resources

Entering this year with one shy of a dozen active Georgia REALTORS® in the General Assembly, the 2021 Session was a good one for private property owners. Looking forward, Georgians will have options of which utilities make the most sense for them, a system to factor sequestered carbon in their construction materials, more efficiencies in submitting building plans and protections in place for those participating in the construction process.

HB 150 is the bill we referenced as the Fuel Choice Bill in our successful Call for Action. It allows citizens to use whatever utilities are available and make the most sense to them without restriction by state or local government. The Call for Action generated nearly 1,000 messages to the Senate in a little over an hour. That was a fantastic response and the bill’s passage owes a lot to your action on this matter.

HB 355 provides a mechanism to voluntarily count the carbon contained in the materials used to construct a building when calculating the carbon footprint of that building. Thus, a building that uses lumber, hempcrete, or other material sequestering carbon, would lower the overall carbon footprint of the structure. This bill was sponsored by REALTOR legislator Marcus Wiedower from Watkinsville, and it passed.

HB 470 simplifies the building plans submitted to local governments for developments that are not residential dwellings. So, commercial construction can move forward without the time and expense associated with current regulations. This bill was sponsored by a REALTOR® legislator and champion Dale Washburn from Macon, and it passed.

HB 480 addresses the lien rights of interior designers. Typically, the REALTORS® have opposed the ability to place a lien on real property when that lien is not tied to the property. General contractors, plumbers and electricians are in that mix, but interior designers have not been. Since tens of thousands of dollars can easily be tied up in one property, interior designers are now afforded the protection of the ability to place a lien on real property. This bill was also sponsored by REALTOR® legislator and champion Dale Washburn, and it passed.

One of my favorite sayings of my grandmother was “Well, you live and learn.” She would say this after things didn’t go as planned (many times after I had broken something, spilled something, or generally made a mistake). I imagine if she were here today, there would be a big “Well, you live and learn” looking back on 2020. That is at least what I’d like to think and how I would characterize the 2021 Session of the General Assembly.

This year’s session was the first one that began amidst the pandemic. In other words, unlike 2020, when bills were drafted for the 2021 Session, we knew we were in a pandemic and had already experienced much of it. Thus, many were based on moving forward with what we had learned. Some centered around the emergency executive orders of the Governor, and some were on addressing the negative aspects of the pandemic.

SB 49 put into law the efficiencies of being able to hire a private inspector when a local government is unable to meet the timeframe of inspecting a building being constructed. During the state of emergency, the Governor issued an order allowing a builder to engage the services of a private inspector. The local government is still very much involved but no longer delays construction from moving forward. While the original action was based in the COVID shut-down, the efficiencies are something that can definitely have a positive impact. This bill was sponsored by REALTOR® legislator and Governor’s Floor Leader Clint Dixon, and it passed.

HB 112 extends the COVID liability protections for businesses for another year. During the 2020 Session, the bill leading to the big COVID posters you see everywhere was passed by modifying the language onto another bill. These posters do much more than just decorate entrance ways, the language offers a level of protection to the business owner, limiting the liability of a frivolous lawsuit being filed related to COVID-19. HB 112, extends these protections out to 2022. This bill passed.

Evictions were a major concern during 2020. Due to Federal actions, tenants experiencing difficulties related to COVID were afforded protections from evictions. Several bills were drafted at the state level that stem from these tenant protections. I’ll lump these together as either extending the timeframe of eviction proceedings (two bills), adding additional steps to the process, or the restriction from looking back on an eviction that took place in 2020 and for purposes of denying a future lease. We were able to block all of these bills.

Overall, this past session was a great success for your Georgia REALTORS® Advocacy Team and our over 46,000 association members. Thank you for your support and your continued involvement in the legislative process.

Additional Resources in 2021

Eviction Moratorium 2020-2021

HOA Closing Letter Fees

Click here for a list of HOA Management Companies that have entered into agreements with the Attorney General
Click here to view all of the written agreements

2020 Advocacy Victories

2020 Advocacy Wins

2019 Legislative Highlights

Politics, Policy & YOU
Whenever I get the chance to speak to REALTORS® , I am asked a lot of questions about
politics and policy. That’s no surprise…that’s my job. I love talking about everything to do with
politics and policy-making, so I truly enjoy these discussions. The reason I bring this up is not so
much to focus on those questions and my love of answering them, but to zero in on why politics
and policy should be important to every REALTOR® member, even those who don’t profess to
be interested in politics. You might expect this article to be a recap of what happened this past
legislative session; for the most part, that is exactly what you are going to get. However, I think
it is important to dig a little deeper into how what has just happened (or not happened) truly
affects your day-to-day business activities.

With just a few words, one farmer nearly dismantled the flow of real estate contracts in
Georgia. In 2014, a farmer walked into his local feed and seed store, spoke with the manager
and nearly rocked the world of real estate transactions as we know them in Georgia. Oddly
enough, they weren’t even talking about real estate. Nonetheless, that one conversation
ultimately led to the Georgia Court of Appeals issuing a ruling in 2018 that would have allowed a
party to a written contract to be able to rescind that contract based simply on a verbal
agreement. Imagine heading to closing only to discover that the buyer claims they verbally
backed out of the deal weeks earlier.

So, how did we avoid the potential free-for-all of verbal rescissions of real estate contracts? The
reasoning of the court was that rescinding a contract established a new contract that was not
specifically listed in Georgia’s Statute of Frauds. Since the Statute of Frauds is what requires
real estate contracts (and several other types of contracts) to be in writing, it became necessary
to amend that section of the law. We supported Senate Bill 37, which requires any modification
or rescission to a contract specified under the Statute of Frauds must also be in writing. SB 37
passed the General Assembly, so ultimately, one sentence added to the law resolved the
turmoil brought about by one conversation in the feed and seed store five years earlier.

If a tree falls on Georgia’s shoreline and no one is around to hear it, does it make a
sound? If it had been a native tree taller than 20 feet, it may very well have impacted Georgia
law, sound or no sound. Georgia’s Shoreline Protection Act requires that a homeowner in a
“dynamic dune field” obtain a permit from the Department of Natural Resources before doing
any construction project or alteration to their home. The problem was that the definition of a
dynamic dune field had been based on a line drawn between structures built before 1979 and
20-foot-tall native trees. Essentially, Georgia’s Shoreline Protection Act had been based more
on a real life connect-the-dots drawing than an actual mapping of the dunes. We worked with
legislators and DNR staff to address this issue last year, but were unable to secure passage of
a bill. However, House Bill 445 did pass this year and brings more structure to the Shoreline
Protection Act. The line that defines a dynamic dune field can now be more cleanly drawn
based on actual dunes and high water marks. Most importantly, if a tree or structure is removed,
the line doesn’t have to be pushed further inland to find another tree or house.

Policy doesn’t happen in a bubble. From court rulings to falling trees, there can be any
number of reasons why a law might need to be created, changed, or repealed. Sometimes, a
change in the law can have unintended effects or can trigger additional changes in subsequent
years; policy-making is an ever-evolving process. The important point to understand is that
every bit of what happens in politics and policy can affect how you practice real estate, or what
a homeowner can do with their property.

Through the years, you have heard (or read) what the GAR lobbying team has accomplished on
your behalf under the Gold Dome. What may not be as apparent is the larger picture of how
GAR’s policy direction is established. At the Capitol, the GAR lobbying team is the REALTORS® ’
voice, but we rely on our members to tell us what to say. GAR’s State & Local Government
Affairs Committee is composed of members from across the state and represents a varied
cross-section of the industry. This committee meets regularly throughout the Legislative Session
(generally January through March). It is at these meetings that the lobbying team takes direction
from the members on what issues are of most concern to REALTORS®. When bills are
introduced in the General Assembly that touch upon those concerns (both favorably and
unfavorably), we bring them back to the State & Local Government Affairs Committee for
consideration. In addition, we sometimes present REALTOR® issues to legislators to get bills
drafted to address those issues.

All GAR members are welcome to attend meetings of the State & Local Government Affairs
Committee, whether in person at GAR Headquarters or via video conferencing from a number of
local Board offices. These meetings provide insight into the legislative process and a forum to
discuss matters that affect private property rights, home ownership and the real estate industry
in Georgia.

Jeff Ledford is the Senior Director of Governmental Affairs for GAR.

2018 Legislative Highlights

This year marked the second year of the 2017-2018 Session of the Georgia General Assembly. What that means is that any legislation that did not pass both houses in 2017 was still on the table for 2018. So we entered January with a carry over of bills from last year mixed together with all of the new bills for 2018. The good side of having a two-year structure is that we can take the necessary time to build coalitions, develop a strategy and work with legislators to get more complex, or contentious bills through. The downside is that a bill that has been laying silent can still resurface at the end of the following year as something completely different, or can slip in on another seemingly unrelated bill. Of course the latter is not always a negative, it just depends upon your perspective and what the resulting bill accomplishes.

I am happy to report that the Georgia REALTORS^® have had successful session. Let’s take look back at what all happened (and didn’t happen) this session.

If you are either an archivist or a pack-rat, you may still have last year’s version of this article. If so, you notice that it ended with a “What’s Left” section that discussed House Bills 410 and 271. House Bill 410 addressed HOA closing letters. House Bill 271 was a Department of Natural Resources bill that was aimed at cleaning up the Shoreline Protection Act. While each of the bills took a different path, they both are excellent examples of two-year bills.

House Bill 410 came to life out of discussion among REALTORS^®regarding the exorbitant fees being charged for HOA closing letters. As we began to work on the issue last year, it became clear that it would require more than a simple bill that would breeze through the chambers. The factors at hand were 1) a stiff opposition from the other side; 2) an outdated existing law that did not specifically cover all elements needed to be part of the letter; and 3) a complicated consortium of players, each bringing a different perspective of what needed to be covered in the bill.

By the end of the 2017 session, we had a better idea of what needed to be changed in the original draft of the bill. By the beginning of 2018, we had solidified our allies and expanded the the language of what needed to be in the bill to cover all forms of HOAs in Georgia (Condominium, POA and Covenants Running the Land), as well as all components of the letter. Thus, the stage was set for battle.

Through the course of the 2018 Session, the bill went through various changes in committees. With each committee and with each floor vote in the House and Senate, we had to call out the big guns and use our best weapon – YOU, our members. Our single biggest legislative asset and advantage we hold over any other group under the Gold Dome is 37,000 REALTORS^® ready to act on a moment’s notice. It works and it’s powerful. With the committee votes, only the constituents of the committee members were called upon. With the floor votes, you each received the call. Unlike the Congressional Calls For Action where we have advanced notice and weeks to act, our bills move more quickly at the state level. With only between 24 hours to a couple of days, we had an amazing response of around 4,000 messages sent for each of the floor votes and a similar response rate for the committees – more than 10 percent of our membership! The House responded the Call For Action by passing House Bill 410 with an 85 percent favorable vote and the Senate responded with a 90 percent favorable vote.

We became aware of House Bill 271 when the Department of Natural Resources (DNR) showed us their proposed bill. As the existing law establishes the shoreline boundary based on certain trees and structures, they had been facing a difficult task of visiting sites each time a determination of boundary was needed. Being an onerous task on DNR, they wished to simplify the the process by amending the law to enable a mapping approach. Our part in the bill was to ensure that the new definitions and boundaries did not encroach beyond the current law, nor impede any further upon private property rights.

We were able to get the Senate Natural Resources Committee to meet with a group of our coastal REALTORS^® on the matter over the summer of 2017. That meeting went well and the understanding of the REALTOR^® perspective by DNR was clear. Entering into 2018, several factors led DNR’s interest in the bill to wane. Since the REALTOR^® focus on the bill was to ensure that the changes did no harm, there was no need to push the bill forward.

With House Bill 271 having passed the house, it was now a prime vehicle to become something else. Thus, our work on House Bill 271 during 2018 was to keep it from becoming anything of harm to private property rights. As we neared the end of the session, House Bill 271 became known as the Omnibus Hunting Bill, a collection of seven smaller bills packaged as one and having nothing to do with private property rights. That bill has now passed the Senate in a safe form.

Hopefully, I’ve given you a glimpse into the evolution of two-year bills. Collectively, with the new bills dropped in 2018, we have reviewed a couple thousand bills; zeroed in on around a hundred; and actively navigated a couple of dozen that held the potential to impact private property rights, or the day-to-day business of REALTORS^® in Georgia. As we emerge out of the 2018 Session, you should feel good that you have not only one of the most dedicated lobbying teams under the Gold Dome working on your behalf, but you should feel proud for the role YOU play in making the Georgia REALTORS^® a force to be reckoned with at the Capitol.

2017 Legislative Highlights

Blighted Properties

House Bill 434 passed on the final day of the Session and requires a local government to demonstrate in Superior Court that a property is blighted before it can take action through eminent domain. Once that step is complete, the property can then be put back into the market, but can only be used for the same legal use that existed for a period of five years. In other words, a group of single family dwellings cannot become a strip mall. They must each remain as single family homes.

Third Party Deed Solicitation

House Bill 197 requires that any third party deed solicitation disclose that it is not official government correspondence and is purely a third party solicitation.

Stream Buffers

Senate Resolution 152 has established a joint study committee to find a solution to determining Georgia’s stream buffers. This means that a combined House and Senate committee will conduct hearings over the off months to review the issue and develop legislation for 2018.

GREC License Law Update

House Bill 39 gives greater authority to the Georgia Real Estate Commission in making decision on revoking and sanctioning of licenses based on certain criminal convictions.

Solar Power Exception – Land Conservation Tax Status

House Bill 238 permits up to six acres of land held under land conservation use to be used to generate solar power without jeopardizing the tax status of the entire tract of land.

State of Emergency Assistance

House Bill 251 permits prison labor to be used to assist clean-up efforts in times of emergency, but only at the property owner’s request.

Post Session

On November 27, 2017, through a joint meeting of the House Ways & Means and Senate Finance Committees, the Georgia Department of Revenue was stopped from implementing Proposed Rule 560-6-2. That rule would have required home owners obtain a tax clearance certificate before being able to record a deed.

2016 Legislative Highlights

Georgia REALTORS® Strengthen the Business Practice of Our Members in the 2016 Session

On Thursday, March 24, the 2016 legislative session concluded, with both chambers standing adjourned Sine Die. It was a fast and furious session with campaign season in sight. Despite the rapid pace, the Georgia REALTORS® were able to secure major victories and we’re pleased to deliver measures that will benefit the real estate industry. Above all else, GAR remains committed to protecting the business interest of our members through effective political representation. Below are highlights of the major REALTOR® victories achieved during the 2016 session.

GAR Protects Members by Bringing State Law into Compliance with TRID

After the passage of TRID at the federal level, real estate agents and brokers were no longer guaranteed access to closing statements for each transaction. This created a grey area in which REALTORS® were forced to operate, as Georgia Law still required real estate brokers to provide clients with a closing statement in all transactions and to keep a true copy of all closing statements for three years.

The Georgia Dream Program Receives an Increase in Bond Limits

GAR was proud to support a housing initiative sponsored by Representative Penny Houston that increases the bond limit allotted to the Georgia Housing and Finance Authority (GHFA). Under the provisions of House Bill 773, the GHFA will receive an increase in its outstanding bond limit from $1.3 billion to $3 billion that will be used to fund the Georgia Dream Homeownership Program (GDHP).

GAR Successfully Establishes Procedure for Water Liens at Closing

In conjunction with the Real Estate Section of the Georgia Bar, the REALTORS® worked with Senator William Ligon to pass Senate Bill 206. Prior to the bill’s passage, water suppliers were not required to properly file and record water liens.

Efforts to Cap the Mortgage Interest Deduction Stalls

Conversation about tax reform has become a more serious and popular topic in recent years at both the federal and state level. Measures aimed at capping the mortgage interest deduction (MID) are commonly associated with tax reform dialogue, highlighting the importance of GAR’s Governmental Affairs efforts.

Delivery Methods Expanded for Issuing a Summons Notice

The REALTORS® partnered with the Georgia Association of Homebuilders to modify provisions of House Bill 1025, sponsored by Representative Tom Taylor, which allows for the “tack, mail, and file” delivery notice of a service accusation or ordinance violation concerning real property.

Commercial REALTORS® Reap Benefits from Extended Freeport Exemptions

GAR was one of many that supported House Bill 935 sponsored by REALTOR® Champion, Representative Brett Harrell. The bill provides Freeport Exemption for e-commerce facilities in Georgia, safeguarding our state’s competitive edge and supports the commercial real estate market.

REALTORS® Strengthen Private Property Rights for Condominium Owners

During the 2015 Session, GAR began working with Representative Jeff Jones on House Bill 219, which was introduced to exclude pools operated by a condominium association or townhome from the definition of ‘public swimming pool’.

GAR Limits Sovereign Immunity for Action to Quiet Title

Introduced by Representative Wendell Willard in the 2015 Session, House Bill 59 waives the defense of sovereign immunity for any action brought in the courts by an individual or organization seeking declaratory judgment, injunctive relief, or decree in a conventional quiet title against the state or local governments.

2015 Legislative Highlights

Georgia REALTORS® Strengthen the Business Practice of Our Members in the 2015 Session

On Thursday, April 2, the 2015 legislative session concluded, with both chambers standing adjourned Sine Die. The Georgia REALTORS® secured major successes in 2015 and we’re pleased to deliver measures that will safeguard the business practices of our members. Above all else, GAR remains committed to providing unparalleled value to our membership through effective political representation that ensures the real estate industry remains fruitful for Georgia REALTORS®. Below are highlights of the major REALTOR® victories achieved during the 2015 session.

GAR Ensures REALTORS® are Protected from Increased Legal Liability in a Closing

It is standard practice within the real estate industry to advise clients on the completion of a contract and negotiate special stipulations. The original version of House Bill 153 would have made REALTORS® susceptible to legal liability for the mere practice of those tasks.

GAR Improves the Process of Appeals for Appraisers

GAR’s Governmental Affairs team partnered with the Georgia Real Estate Commission (GREC) and Representative Mandi Ballinger to pass House Bill 253, granting state authority to the Georgia Real Estate Appraiser Board (GREAB) to process appeals against Appraisal Management Companies (AMCs) in violation of Regulation Z.

Georgia REALTORS® Increase Options for Real Estate Trust Accounts

Prior to the 2015 Legislative Session, several brokers contacted GAR to inform that they had been sanctioned by the Georgia Real Estate Commission (GREC) for operating a real estate trust account that was not a “bank checking account” mandated by Georgia law.

Effort Defeated to Provide Super Liens to Condominium Associations for Unpaid Fees

The Georgia REALTORS® stood united with the Georgia Bankers Association, the Georgia Community Bankers, and the Georgia Credit Union Association in efforts to defeat Senate Bill 117, a measure aimed at granting condominium associations the authority to impose super liens for unpaid dues and assessments on foreclosed units.

GAR Prevents Attempt to Create New Criminal Penalties for Hindering Code Enforcement Officers

House Bill 33 was introduced at the request of the Georgia Association of Code Enforcement, seeking to establish new criminal offenses for obstructing or hindering the duties of a code enforcement officer.

Georgia REALTORS® Strengthen the Rights of Taxpayers in the Appeals Process

The Georgia REALTORS® proudly supported the passage of House Bill 202, which streamlines the process for property tax assessments and appeals, providing greater protections to property owners.