§ 44-3-234. Application of Article
The limitations provided in subsection (b) and paragraphs (1), (2), and (4) of subsection (d) of Code Section 44-5-60 shall not apply to any covenants contained in any instrument created pursuant to or submitted to this article. History. Code 1981, § 44-3-234 , enacted by Ga. L. 1994, p. 1879, § 1.
§ 44-3-235. Applicability of Article
This article shall apply to all property which is submitted to this article. This article shall also apply to any association of owners subject to a recorded declaration of covenants upon property, which covenants are administered by an owners’ association in which membership is mandatory for all owners of lots in the development, which declaration […]
§ 44-3-250. Itemized Reporting of Expenses by Developers
Any developer that directly manages a homeowners’ or condominium owners’ association whose annual assessment fee is $500.00 or more in a development or subdivision with 20 or more homes shall provide a report itemizing the expenses for such homeowners’ or condominium owners’ association to each homeowner or condominium owner not later than 60 days after […]
§ 44-3-225. Assessment of Expenses; Exemption From Liability; Liability for Unpaid Assessments
To the extent that the instrument expressly so provides: Any common expenses benefiting less than all of the lots shall be specially assessed equitably among all of the lots so benefited, as determined by the board; Any common expenses occasioned by the conduct of less than all of those entitled to occupy all of the […]
§ 44-3-226. Amendment of Instrument; Presumption of Validity in Court Action
Except to the extent expressly permitted or required by other provisions of this article, the instrument shall be amended only by the agreement of lot owners of lots to which two-thirds of the votes in the association pertain or such larger majority as the instrument may specify; provided, however, that, during any such time as […]
§ 44-3-227. Incorporation as Prerequisite to Submission to Article; Requirements as to Corporate Documents; Board of Directors
Prior to submission to this article, the association shall be duly incorporated either as a business corporation under Chapter 2 of Title 14 or as a nonprofit membership corporation under Chapter 3 of Title 14, as amended. The corporate name of the association shall include the word or words “homeowners,” “property owners,” “community,” “club,” or […]
§ 44-3-228. Presence of Quorums at Meetings
Unless the instrument or bylaws provide otherwise, a quorum shall be deemed present throughout any meeting of the members of the association if persons entitled to cast more than one-third of the votes are present at the beginning of the meeting. Unless the instrument or bylaws specify a larger percentage, the presence of persons entitled […]
§ 44-3-229. Persons Deemed to Be “Lot owner.”
If the instrument provides that any member of the board of directors or any officer of the association must be a lot owner, then, notwithstanding Code Section 44-3-221, the term “lot owner” in such context shall, unless the instrument otherwise provides, be deemed to include, without limitation, any shareholder, director, officer, partner in, or trustee […]
§ 44-3-230. Frequency of Meetings; Notice
Meetings of the members of the association shall be held in accordance with the provisions of the association’s bylaws and in any event shall be called not less frequently than annually. Notice shall be given to each lot owner at least 21 days in advance of any annual or regularly scheduled meeting and at least […]
§ 44-3-199. Modification of Public Offering Statement; Limitations on Use of Public Offering Statement
Editor’s notes. Ga. L. 1995, p. 1260, § 1, renumbered former Code Section 44-3-199 as present Code Section 44-3-193.