44-3-220.

This article shall be known and may be cited as the 'Georgia Property Owners' Association
Act.'
44-3-221.
As used in this article, the term:
(1) '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.
(2) 'Common area' means all real and personal property submitted to the declaration
which is owned or leased by the association for common use and enjoyment of the
members.
(3) 'Common expenses' means all expenditures lawfully made or incurred by or on behalf
of the association together with all funds lawfully assessed for the creation and
maintenance of reserves pursuant to the provisions of the instrument.
(4) 'Court' means the superior court of the county where the development or any part
thereof is located.
(5) 'Declarant' means all owners and lessees of the property who execute the declaration
or on whose behalf the declaration is executed; provided, however, that the phrase
'owners and lessees,' as used in this article, shall not include in his or her capacity as such
any mortgagee, any lien holder, any person having an equitable interest under any
contract for the sale or lease of a lot, or any lessee or tenant of a lot. From the time of the
recordation of any amendment to the declaration expanding an expandable property
owners' development, all persons who execute that amendment or on whose behalf that
amendment is executed shall also come within the definition of 'declarant.' Any
successors-in-title of any owner or lessee referred to in this paragraph who comes to
stand in the same relation to the property owners' development as his or her predecessor
did shall also come within such definition.
(6) 'Declaration' means the recordable instrument creating covenants upon property
which covenants are administered by a property owners' association in which
membership is mandatory for all owners of lots in the property owners' development.
(7) 'Foreclosure' means, without limitation, the judicial foreclosure of a mortgage and
the exercise of a power of sale contained in any mortgage.
(8) 'Limited common areas' means a portion of the common area reserved for the
exclusive use of those entitled to occupy one or more, but less than all, of the lots.
(9) 'Lot' means any plot or parcel of land, other than a common area, designated for
separate ownership and occupancy shown on a recorded subdivision plat for a
development. Where the context indicates or requires, the term lot includes any structure
on the lot.
(10) 'Lot owner' means one or more persons who are record title owners of a lot.
(11) 'Mortgage' means a mortgage, deed to secure debt, deed of trust, or other instrument
conveying a lien upon or security title to property.
(12) 'Mortgagee' means the holder of a mortgage.
(13) 'Officer' means an officer of the association.
(14) 'Person' means a natural person, corporation, partnership, association, trust, other
entity, or any combination thereof.
(15) 'Property' means any real property and any interest in real property, including,
without limitation, parcels of air space.
(16) 'Property owners' association' or 'association' means a corporation formed for the
purpose of exercising the powers of the property owners' association created pursuant to
this article.
(17) 'Property owners' association instrument' or 'instrument' means the declaration,
plats, and plans recorded pursuant to this article. Any exhibit, schedule, or certification
accompanying an instrument and recorded simultaneously therewith shall be deemed an
integral part of that instrument. Any amendment or certification of any instrument shall,
from the time of the recordation of such amendment or certification, be deemed an
integral part of the affected instrument so long as such amendment or certification was
made in accordance with this article.
(18) 'Property owners' development' or 'development' means real property containing
both lots and common area located within Georgia and subject to a declaration and
submitted to this article.
44-3-222.
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 election to be so governed. Any original declaration shall be duly executed by
or on behalf of all of the owners of the submitted property. Any such amendment to an
existing declaration shall be executed in accordance with the terms of the recorded
declaration being amended thereby.
44-3-223.
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 provided to the lot
owners and with the lawful provisions of the bylaws of the association. Any lack of such
compliance shall be grounds for an action to recover sums due, for damages or injunctive
relief, or for any other remedy available at law or in equity, maintainable by the association
or, in any proper case, by one or more aggrieved lot owners on their own behalf or as a
class action. If and to the extent provided in the instrument, the association shall be
empowered to impose and assess fines and suspend temporarily voting rights and the right
of use of certain of the common areas and services paid for as a common expense in order
to enforce such compliance; provided, however, that no such suspension shall deny any lot
owner or occupants access to the lot owned or occupied.
44-3-224.
(a) Since a lot owner may be more than one person, if only one of those persons is present
at a meeting of the association, that person shall be entitled to cast the votes pertaining to
that lot. However, if more than one of those persons is present, the vote pertaining to that
lot shall be cast only in accordance with their unanimous agreement unless the instrument
expressly provides otherwise; and such consent shall be conclusively presumed if any one
of them purports to cast the votes pertaining to that lot without protest being made
immediately by any of the others to the person presiding over the meeting.
(b) The votes pertaining to any lot may, and, in the case of any lot owner not a natural
person or persons, shall, be cast pursuant to a proxy or proxies duly executed by or on
behalf of the lot owner or, in cases where the lot owner is more than one person, by or on
behalf of the joint owners of the lot. No such proxy shall be revocable except by written
notice delivered to the association by the lot owner or by any joint owners of a lot. Any
proxy shall be void if it is not dated or if it purports to be revocable without such notice.
44-3-225.
(a) To the extent that the instrument expressly so provides:
(1) 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;
(2) Any common expenses occasioned by the conduct of less than all of those entitled
to occupy all of the lots or by the licensees or invitees of any such lot or lots shall be
specially assessed against the lot or lots, the conduct of any occupant, licensee, or invitee
of which occasioned any such common expenses;
(3) Any common expenses significantly disproportionately benefiting all of the lots shall
be assessed equitably among all of the lots in the development as determined by the
board; and
(4) Other than for limited common areas expressly designated as such in the instrument
and assigned to fewer than all lots, nothing contained in paragraph (1) or (3) of this
subsection shall permit an association to specially or disproportionately allocate common
expenses for periodic maintenance, repair, and replacement of any portion of the common
area or the lots which the association has the obligation to maintain, repair, or replace.
(b) No lot owner other than the association shall be exempted from any liability for any
assessment under this Code section or under any instrument for any reason whatsoever,
including, without limitation, abandonment, nonuse, or waiver of the use or enjoyment of
his or her lot or any part of the common area.
(c) Unless otherwise provided in the instrument and except as provided in subsection (d)
of this Code section, the grantee in a conveyance of a lot shall be jointly and severally
liable with the grantor thereof for all unpaid assessments against the latter up to the time
of the conveyance without prejudice to the grantee's right to recover from the grantor the
amounts paid by the grantee; provided, however, that if the grantor or grantee shall request
a statement from the association as provided in subsection (d) of Code Section 44-3-232,
such grantee and his or her successors, successors-in-title, and assigns shall not be liable
for nor shall the property owners' association lot conveyed be subject to a lien for any
unpaid assessments against such grantor in excess of any amount set forth in the statement.
(d) In the event that the holder of a first priority mortgage or secondary purchase money
mortgage of record, provided that neither the grantee nor any successor grantee on the
secondary purchase money mortgage is the seller of the lot, or in the event that any other
person acquires title to any lot as a result of foreclosure of any such mortgage, such holder
or other person and his or her successors, successors-in-title, and assigns shall not be liable
for nor shall the lot be subject to any lien for assessments under this Code section or under
any instrument chargeable to the lot on account of any period prior to the acquisition of
title; provided, however, that the unpaid share of an assessment or assessments shall be
deemed to be a common expense collectable from all of the lot owners, including such
holder or other person and his or her successors, successors-in-title, and assigns.
44-3-226.
(a) 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 there shall exist an
unexpired option to add any additional property to the property owners' association or
during any such time as the declarant has the right to control the association under the
instrument, the agreement shall be that of the declarant and the lot owners of lots to which
two-thirds of the votes in the association pertain, exclusive of any vote or votes appurtenant
to any lot or lots then owned by the declarant, or a larger majority as the instrument may
specify. Notwithstanding any other provisions of this subsection, during such time as the
declarant shall own at least one lot primarily for the purpose of sale of such lot, no
amendment shall be made to the instrument without the written agreement of the declarant
if such amendment would impose a greater restriction on the use or development by the
declarant of the lot or lots owned by the declarant.
(b) No amendment of an instrument shall require approval of lot owners to which more
than 80 percent of the association vote pertains and the mortgagees holding 80 percent of
the voting interest of mortgaged lots; any property owners' association which exists prior
to July 1, 1994, and amends its documents to avail itself of the provisions of this article
shall be deemed to have amended the association instrument to conform to this limitation.
This subsection shall not be deemed to eliminate or modify any right of the declarant
provided for in the instrument to approve amendments to the instrument so long as the
declarant owns any lot primarily for the purpose of sale and, furthermore, this Code section
shall not be construed as modifying or altering the rights of a mortgagee set forth elsewhere
in this article.
(c) Except to the extent expressly permitted or required by other provisions of this article,
or agreed upon or permitted by the instrument concerning submission of additional
property to this article by the declarant or the association, or agreed upon by all lot owners
and the mortgagees of all lots, no amendment to the instrument shall change the boundaries
of any lot, the number of votes in the association pertaining thereto, or the liability for
common expenses pertaining thereto.
(d) Agreement of the required majority of lot owners to any amendment of the instrument
shall be evidenced by their execution of the amendment. In the alternative, provided that
the declarant does not then have the right to control the association pursuant to the
instrument, the sworn statement of the president, of any vice president, or of the secretary
of the association attached to or incorporated in an amendment executed by the association,
which sworn statement states unequivocally that agreement of the required majority was
otherwise lawfully obtained and that all notices required by this article were properly
given, shall be sufficient to evidence the required agreement. Any such amendment of the
instrument shall become effective only when recorded or at such later date as may be
specified in the amendment itself.
(e) Notwithstanding anything to the contrary in this article or in the instrument, the
approval of any proposed amendment by a mortgagee shall be deemed implied and
consented to if the mortgagee fails to submit a response to any written proposal for an
amendment within 30 days after the mortgagee receives notice of the proposed amendment
sent by certified mail or statutory overnight delivery, return receipt requested.
(f) In any court suit or action where the validity of the adoption of an amendment to an
instrument is at issue, the adoption of the amendment shall be presumed valid if the suit is
commenced more than one year after the recording of the amendment on the public record.
In such cases, the burden of proof shall be upon the party challenging the validity of the
adoption of the amendment.
44-3-227.
(a) 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,' or 'association' and shall
otherwise comply with applicable laws regarding corporate names. The articles of
incorporation of the association and the bylaws adopted by the association shall contain
provisions not inconsistent with applicable law including but not limited to this article or
with the declaration as may be required by this article or by the declaration and as may be
deemed appropriate or desirable for the proper management and administration of the
association. The term 'member' shall include a shareholder in the event the association is
a business corporation or issues stock. Membership shall continue during the period of
ownership by such lot owner.
(b) Prior to the first conveyance of a property owners' association lot, the declarant shall
cause the first board directors to be duly appointed, the officers to be elected, and the
organization of the association to be effectuated.
(c) True and correct copies of the articles of incorporation and bylaws of the association
and all amendments thereto shall be maintained at the principal and the registered offices
of the association and at the sales office of the declarant so long as the declarant has the
right to control the association pursuant to the instrument; and copies thereof shall be
furnished to any lot owner on request upon payment of a reasonable charge therefor.
44-3-228.
Unless the instrument provides 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
specifies a larger majority, a quorum shall be deemed present throughout any meeting of
the board of directors if persons entitled to cast one-half of the votes in that body are
present at such meeting.
44-3-229.
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 of any
person who is, either alone or in conjunction with any other person or persons, a lot owner.
Any individual who would not be eligible to serve as a member of the board of directors
or officer were he or she not a shareholder, director, officer, partner in, or trustee of such
a person shall be deemed to have disqualified himself or herself from continuing in office
if he or she ceases to have any such affiliation with that person.
44-3-230.
Meetings of the members of the association shall be held in accordance with the provisions
of the association's bylaws and in any event 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 seven days in advance of any other meeting and shall state the time,
place, and purpose of such meeting. Such notice shall be delivered personally or sent by
United States mail, postage prepaid, to all lot owners of record at such address or addresses
as designated by such lot owners or, if no other address has been so designated, at the
address of their respective lots. At the annual meeting, comprehensive reports of the affairs,
finances, and budget projections of the association shall be made to the lot owners.
44-3-231.
(a) Except to the extent prohibited by the instrument and subject to any restrictions and
limitations specified therein, the association shall have the power to:
(1) Employ, retain, dismiss, and replace agents and employees to exercise and discharge
the powers and responsibilities of the association;
(2) Make or cause to be made additional improvements on and as a part of the common
area; and
(3) Grant or withhold approval of any action by one or more lot owners or other persons
entitled to occupancy of any lot if such action would change the exterior appearance of
any lot, or any structure thereon, or of any other portion of the development or elect or
provide for the appointment of an architectural control committee to grant or withhold
such approval.
(b) Except to the extent prohibited by the instrument and subject to any restrictions and
limitations specified therein, the association shall have the power to grant easements,
leases, and licenses through or over the common area, to accept easements, leases, and
licenses benefiting the development or any portion thereof, and to acquire or lease property
in the name of the association. Property so acquired by the association upon the recordation
of the deed thereto or other instrument granting the same and designating property as
common area shall, for all purposes including without limitation taxation, be a part of the
common area. The association shall also have the power to acquire, lease, and own in its
own name property of any nature, real, personal, or mixed, tangible or intangible; to borrow
money; and to pledge, mortgage, or hypothecate all or any portion of the property of the
association for any lawful purpose within the association's inherent or expressly granted
powers. Any third party dealing with the association shall be entitled to rely in good faith
upon a certified resolution of the board of directors of the association authorizing any such
act or transaction as conclusive evidence of the authority and power of the association so
to act and of full compliance with all restraints, conditions, and limitations, if any, upon the
exercise of such authority and power.
(c) The association shall have the power to amend the instrument, the articles of
incorporation, and the bylaws of the association in such respects as may be required to
conform to mandatory provisions of this article or of any other applicable law without a
vote of the lot owners.
(d) In addition to any other duties and responsibilities as this article or the instrument may
impose, the association shall keep:
(1) Detailed minutes of all meetings of the members of the association and of the board
of directors;
(2) Detailed and accurate financial records, including itemized records of all receipts and
expenditures; and
(3) Any books and records as may be required by law or be necessary to reflect
accurately the affairs and activities of the association.
(e) This Code section shall not be construed to prohibit the grant or imposition of other
powers and responsibilities to or upon the association by the instrument.
(f) Except to the extent otherwise expressly required by this article, by Chapter 2 or 3 of
Title 14, by the instrument, by the articles of incorporation, or by the bylaws of the
association, the powers inherent in or expressly granted to the association may be exercised
by the board of directors, acting through the officers, without any further consent or action
on the part of the lot owners.
(g) A tort action alleging or founded upon negligence or willful misconduct by any agent
or employee of the association or in connection with the conditions of any portion of the
instrument which the association has the responsibility to maintain shall be brought against
the association. No lot owner shall be precluded from bringing such an action by virtue of
his membership in the association. A judgment against the association arising from a tort
action shall be a lien against the assets of the association.
(h) The association shall have the capacity, power, and standing to institute, intervene,
prosecute, represent, or defend in its own name litigation or administrative or other
proceedings of any kind concerning claims or other matters relating to any portion of the
lots or common area which the association has the responsibility to administer, repair, or
maintain.
44-3-232.
(a) 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 to or on
behalf of the lot owner or lot, shall, from the time the sums became due and payable, be the
personal obligation of the lot owner and constitute a lien in favor of the association on the
lot prior and superior to all other liens whatsoever except:
(1) Liens for ad valorem taxes on the lot;
(2) The lien of any first priority mortgage covering the lot and the lien of any mortgage
recorded prior to the recording of the declaration; or
(3) The lien of any secondary purchase money mortgage covering the lot, provided that
neither the grantee nor any successor grantee on the mortgage is the seller of the lot.
The recording of the declaration pursuant to this article shall constitute record notice of the
existence of the lien, and no further recordation of any claim of lien for assessments shall
be required.
(b) To the extent that the instrument provides, the personal obligation of the lot owner and
the lien for assessments shall also include:
(1) A late or delinquency charge not in excess of the greater of $10.00 or 10 percent of
the amount of each assessment or installment thereof not paid when due;
(2) At a rate not in excess of 10 percent per annum, interest on each assessment or
installment thereof and any delinquency or late charge pertaining thereto from the date
the same was first due and payable;
(3) The costs of collection, including court costs, the expenses required for the protection
and preservation of the lot, and reasonable attorney's fees actually incurred; and
(4) The fair rental value of the lot from the time of the institution of an action until the
sale of the lot at foreclosure or until judgment rendered in the action is otherwise
satisfied.
(c) Not less than ten days after notice is sent by certified mail or statutory overnight
delivery, return receipt requested, to the lot owner both at the address of the lot and at any
other address or addresses which the lot owner may have designated to the association in
writing, the lien may be foreclosed by the association by an action, judgment, and
foreclosure in the same manner as other liens for the improvement of real property. The
notice shall specify the amount of the assessments then due and payable together with
authorized late charges and interest accrued thereon. Unless prohibited by the instrument,
the association shall have the power to bid on the lot at any foreclosure sale and to acquire,
hold, lease, encumber, and convey the same. The lien for assessments shall lapse and be
of no further effect, as to assessments or installments thereof, together with late charges and
interest applicable thereto, which first become due and payable more than three years prior
to the date upon which the notice contemplated in this subsection is given or more than
three years prior to the institution of an action therefor if an action is not instituted within
90 days after the giving of the notice.
(d) Any lot owner, mortgagee of a lot, person having executed a contract for the purchase
of a lot, or lender considering the loan of funds to be secured by a lot shall be entitled upon
request to a statement from the association or its management agent setting forth the
amount of assessments past due and unpaid together with late charges and interest
applicable thereto against that lot. Such request shall be in writing, shall be delivered to the
registered office of the association, and shall state an address to which the statement is to
be directed. Failure on the part of the association, within five business days from the receipt
of such request, to mail or otherwise furnish such statement regarding amounts due and
payable at the expiration of such five-day period with respect to the lot involved to such
address as may be specified in the written request therefor shall cause the lien for
assessments created by this Code section to be extinguished and of no further force or
effect as to the title or interest acquired by the purchaser or lender, if any, as the case may
be, and their respective successors and assigns, in the transaction contemplated in
connection with such request. The information specified in such statement shall be binding
upon the association and upon every lot owner. Payment of a fee not exceeding $10.00 may
be required as a prerequisite to the issuance of such a statement if the instrument so
provides.
(e) Nothing in this Code section shall be construed to prohibit actions maintainable
pursuant to Code Section 44-3-223 to recover sums for which subsection (a) of this Code
section creates a lien.
44-3-233.
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 being property described in an instrument recorded pursuant to this article within
the purview and application of this article; and any defects in such instrument or want of
conformity with this article may be cured by an amendment thereto duly executed by the
association and recorded or, upon application of any lot owner, with notice to the declarant,
the association, and all other lot owners, by decree of the court.
44-3-234.
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.
44-3-235.
(a) 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 is
amended in accordance with Code Section 44-3-222 in order to submit the property
owners' association to this article; provided, however, that any amendment must conform
the instrument creating the property owners' association to this article, and the property
owners' development shall thereafter be deemed to be submitted to this article.
(b) This article shall not apply to associations created pursuant to Article 3 of this chapter,
the 'Georgia Condominium Act.'
(c) This article shall not be construed to affect the validity of any instrument recorded
before or after July 1, 1994, but benefits derived from or based upon this article may only
be claimed by developments submitted to this article.