§ 44-3-220. Short Title
This article shall be known and may be cited as the “Georgia Property Owners’ Association Act.” History. Code 1981, § 44-3-220 , enacted by Ga. L. 1994, p. 1879, § 1.
§ 44-3-221. Definitions
As used in this article, the term: “Board of directors” or “board” means an executive and administrative body, by whatever name denominated, designated in the instrument as the governing body of the association. “Common area” means all real and personal property submitted to the declaration which is owned or leased by the association for common […]
§ 44-3-222. Creation of Property Owners’ Development; Affirmative Election to Be Governed by Article
A property owners’ development shall come into existence upon either the recordation of the declaration pursuant to this article or the amendment of a recorded declaration in accordance with Code Section 44-3-235. Any declaration or amendment intending to bring or avail a development of the benefits and provisions of this article shall state an affirmative […]
§ 44-3-223. Compliance With Provisions of Instrument and With Rules and Regulations; Penalties for Noncompliance
Every lot owner and all those entitled to occupy a lot shall comply with all lawful provisions of the property owners’ association instrument. In addition, any lot owner and all those entitled to occupy a lot shall comply with any reasonable rules or regulations adopted by the association pursuant to the instrument which have been […]
§ 44-3-224. Voting at Association Meetings
Since a lot owner may be more than one person, if only one of those persons is present at a meeting of the association, or is voting by proxy, ballot, or written consent, that person shall be entitled to cast the votes pertaining to that lot. However, if more than one of those persons is […]
§ 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 […]
§ 44-3-231. Powers and Duties of Association; Legal Actions Against Agent or Employee of Association
Except to the extent prohibited by the instrument and subject to any restrictions and limitations specified therein, the association shall have the power to: Employ, retain, dismiss, and replace agents and employees to exercise and discharge the powers and responsibilities of the association; Make or cause to be made additional improvements on and as a […]
§ 44-3-232. Assessments Against Lot Owners as Constituting Lien in Favor of Association; Additional Charges Against Lot Owners; Procedure for Foreclosing Lien; Obligation to Provide Statement of Amounts Due
All sums lawfully assessed by the association against any lot owner or property owners’ association lot, whether for the share of the common expenses pertaining to that lot, fines, or otherwise, and all reasonable charges made to any lot owner or lot for materials furnished or services rendered by the association at the owner’s request […]
§ 44-3-232.1. Right of and Procedure for Certain Property Owners to Take Control of Association When Declarant Fails to Meet Certain Obligations
Notwithstanding and prior to the usual expiration of the period of the declarant’s right to control the association pursuant to any property owners’ association instruments, the association’s articles of incorporation, or the association’s bylaws, the right to control may pass to the property owners as provided in this Code section if the declarant fails to […]
§ 44-3-233. Liberal Construction of Article; Substantial Compliance; Curing of Defects by Amendment
The provisions of this article and of an instrument recorded pursuant thereto shall be liberally construed in favor of the valid establishment of property owners’ association pursuant to this article with respect to the submitted property. Substantial compliance with the requirements of this article for the establishment of a property owners’ association shall suffice to […]
§ 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 […]