§ 44-3-85 - Liability for failure to follow plats or plans; easements; liability for damage
               	 		
O.C.G.A.    44-3-85   (2010)
   44-3-85.    Liability for failure to follow plats or plans; easements; liability for damage 
      (a)  The  purpose of this Code section is to protect the unit owners, except in  cases of willful and intentional misconduct by them or their agents or  employees, and not to relieve the declarant or any contractor,  subcontractor, or materialman of any liability which any of them may  have by reason of any failure to adhere to the plats or plans.
(b)  To  the extent that any unit or common element encroaches on any other unit  or common element, whether by reason of any deviation from the plats or  plans in the construction, repair, renovation, restoration, or repair  of any improvement or by reason of the settling or shifting of any land  or improvement, a valid easement for such encroachment shall exist.
(c)  The  declarant and his duly authorized agents, representatives, and  employees shall have an easement for the maintenance of sales offices  and model units on the submitted property so long as the declarant owns  any condominium unit primarily for the purpose of sale.
(d)  Subject  to any restrictions and limitations which the condominium instruments  may specify, the declarant shall have a transferable easement on and  over the common elements for the purpose of making improvements  contemplated by the condominium instruments on the submitted property  and any additional property and for the purpose of doing all things  reasonably necessary and proper in connection therewith.
(e)  This  Code section shall not be construed so as to prohibit the reservation  to the declarant of other easements by means of the condominium  instruments or otherwise.
(f)  To the extent  that damage is inflicted on any part of the condominium by the  declarant or by any contractor, subcontractor, or materialman utilizing  the easements reserved by the condominium instruments to the declarant  or created by this Code section, the declarant together with the person  or persons causing the damage shall be jointly and severally liable for  the prompt repair thereof and for the restoration of the same to a  condition compatible with the remainder of the condominium.