reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 3 - REGULATION OF SPECIALIZED LAND TRANSACTIONS (§§ 44-3-1 — 44-3-250) › Article 5 - TIME-SHARE PROJECTS AND PROGRAMS (§§ 44-3-160 — 44-3-207) › Part 3 - DEVELOPERS AND EXCHANGE COMPANIES (§§ 44-3-172 — 44-3-184) › Section 44-3-182 - Financial and other records of time-share project association or managing agent

The person or entity responsible for making or collecting common expense assessments or maintenance assessments shall keep detailed financial records and shall keep said funds in a designated trust account. All financial and other records shall be made reasonably available for examination by any time-share interval owner in the program, by the time-share program's association, or by the authorized agent of such owner or association upon reasonable request.
(1)
The developer of a time-share program shall maintain the following records for a period of three years. Said records shall be made available for inspection by any time-share interval owner in the program, by the time-share program's association, or by the authorized agent of such owner or association upon reasonable request:
(A)
A copy of the escrow agreement for each time-share interval sold or, if alternative arrangements are made, a copy of the documents relating to those arrangements;
(B)
Copies of lien releases, surety bonds, or other financial assurances executed by the developer to protect purchasers against any claims against the time-share program;
(C)
Copies of management agreements entered into with managing agents for the management of the time-share program;
(D)
Copies of agreements entered into with exchange programs for the inclusion of the time-share project in the exchange program's available facilities; and
(E)
For multilocation developers, copies of certified public accountants' reports required by subparagraph (a)(3)(F) of Code Section
44-3-172
.
(2)
The managing agent of a time-share program shall maintain the following records for a period of three years. Said records shall be made available for inspection by any time-share interval owner in the program, by the time-share program's association, or by the authorized agent of such owner or association upon reasonable request:
(A)
Copies of management agreements entered into with developers for the management of time-share programs; and
(B)
Copies of budgets and statements sent to developers and time-share interval owners accounting for common expense and maintenance assessments.
(3)
Exchange programs shall maintain the following records for a period of three years. Said records shall be made available for inspection by any time-share interval owner in the program, by the time-share program's association, or by the authorized agent of such owner or association upon reasonable request:
(A)
Copies of agreements with developers for the inclusion of their projects in the exchange program's available facilities;
(B)
Copies of agreements with time-share interval owners for their membership in the exchange program; and
(C)
Copies of certified public accountants' reports as required by subparagraph (a)(2)(Q) of Code Section
44-3-172
.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 3 - REGULATION OF SPECIALIZED LAND TRANSACTIONS (§§ 44-3-1 — 44-3-250) › Article 5 - TIME-SHARE PROJECTS AND PROGRAMS (§§ 44-3-160 — 44-3-207) › Part 3 - DEVELOPERS AND EXCHANGE COMPANIES (§§ 44-3-172 — 44-3-184) › Section 44-3-183 - Remedy for violation of article; punitive damages; attorney's fees

If a developer or any other person subject to this article violates any provision of this article or any provision of the project instruments, any person or class of persons adversely affected by the violation has a claim for appropriate relief. Punitive damages may be awarded for a willful violation of this article. The court may also award reasonable attorney's fees.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 3 - REGULATION OF SPECIALIZED LAND TRANSACTIONS (§§ 44-3-1 — 44-3-250) › Article 5 - TIME-SHARE PROJECTS AND PROGRAMS (§§ 44-3-160 — 44-3-207) › Part 3 - DEVELOPERS AND EXCHANGE COMPANIES (§§ 44-3-172 — 44-3-184) › Section 44-3-184 - Limitation of actions

A judicial proceeding where the accuracy of the public offering statement or validity of any sales agreement is an issue and a rescission of the sales agreement is sought or damages are sought must be commenced within one year after the date upon which the last of the events described in paragraphs (1) through (3) of this Code section shall occur:
(1)
The closing of the transaction;
(2)
The first issuance by the applicable governmental authority of a certificate of occupancy or other evidence of sufficient completion of construction of the building containing the unit to allow lawful occupancy of the unit. In counties or municipalities in which certificates of occupancy or other evidence of completion sufficient to allow lawful occupancy are not customarily issued, for the purpose of this Code section, evidence of lawful occupancy shall be deemed to have been given or issued upon the date that such lawful occupancy of the unit may first be allowed under prevailing applicable laws, ordinances, or statutes; or
(3)
The completion of the common elements and any recreational facilities, whether or not the same are common elements, which the seller is obligated to complete or to provide under the terms of the written contract for the sale of the unit.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 3 - REGULATION OF SPECIALIZED LAND TRANSACTIONS (§§ 44-3-1 — 44-3-250) › Article 5 - TIME-SHARE PROJECTS AND PROGRAMS (§§ 44-3-160 — 44-3-207) › Part 4 - ADVERTISING (§§ 44-3-185 — 44-3-187) › Section 44-3-185 - False advertising prohibited

(a)
It shall be unlawful for any person, directly or indirectly, to sell or offer for sale time-share intervals in this state by authorizing, using, directing, or aiding in the dissemination, publication, distribution, or circulation of any statement, advertisement, radio broadcast, or telecast concerning the time-share project in which the time-share intervals are offered, which contains any statement or sketch which is false or misleading or contains any representation or pictorial representation of proposed improvements or nonexistent scenes without clearly indicating that the improvements are proposed and the scenes do not exist.
(b)
Nothing in this Code section shall be construed to hold the publisher or employee of any newspaper, or any job printer, or any broadcaster or telecaster, or any magazine publisher, or any of the employees thereof, liable for any publication referred to in subsection (a) of this Code section unless the publisher, employee, or printer has actual knowledge of the falsity thereof or has an interest either as an owner or agent in the time-share project so advertised.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 3 - REGULATION OF SPECIALIZED LAND TRANSACTIONS (§§ 44-3-1 — 44-3-250) › Article 5 - TIME-SHARE PROJECTS AND PROGRAMS (§§ 44-3-160 — 44-3-207) › Part 4 - ADVERTISING (§§ 44-3-185 — 44-3-187) › Section 44-3-187 - Offer of gifts or prizes

Any person who offers a gift, prize, award, or other item, or any other promotional contest or giveaway in connection with the sale or offer to sell of time-share intervals under this article must comply with all of the provisions of paragraph (16) of subsection (b) of Code Section
10-1-393
, relating to promotional contests and giveaways in general.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 3 - REGULATION OF SPECIALIZED LAND TRANSACTIONS (§§ 44-3-1 — 44-3-250) › Article 5 - TIME-SHARE PROJECTS AND PROGRAMS (§§ 44-3-160 — 44-3-207) › Part 5 - FINANCING BY DEVELOPER (§§ 44-3-188 — 44-3-189) › Section 44-3-188 - Developer's financial records; availability; periodic reports; transfer of developer's interest subject to debts

In the developer's financing of a time-share program, the developer shall retain financial records of the schedule of payments required to be made and the payments made to any person or entity which is the holder of an underlying blanket mortgage, deed of trust, contract of sale, or other lien or encumbrance which is not subordinated to the time-share program and shall make the same available upon reasonable request to owners of time-share intervals in the time-share program and the time-share program's association. The time-share program's association, in its discretion, may require the developer to submit periodic, written reports from the mortgagee, lienholder, or other creditor of the status of payments made on any underlying blanket mortgage, deed of trust, contract of sale, or other lien or encumbrance which is not subordinated in the time-share program. Any transfer of the developer's interest in the time-share program to any third person shall be subject to the obligations of the developer.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 3 - REGULATION OF SPECIALIZED LAND TRANSACTIONS (§§ 44-3-1 — 44-3-250) › Article 5 - TIME-SHARE PROJECTS AND PROGRAMS (§§ 44-3-160 — 44-3-207) › Part 5 - FINANCING BY DEVELOPER (§§ 44-3-188 — 44-3-189) › Section 44-3-189 - Protection of purchasers from developer's underlying blanket encumbrance

The developer whose project is subject to an underlying blanket lien or encumbrance shall protect nondefaulting purchasers from foreclosure by the lienholder by obtaining from the lienholder a nondisturbance clause, subordination agreements, partial release of the lien as the time-share intervals are sold, or an agreement in writing that the lienholder will purchase nondefaulting purchasers' intervals in an amount equal to the amount agreed to by the parties but in no event less than the amount actually paid by the purchaser toward the purchase price of the time-share interval.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 3 - REGULATION OF SPECIALIZED LAND TRANSACTIONS (§§ 44-3-1 — 44-3-250) › Article 5 - TIME-SHARE PROJECTS AND PROGRAMS (§§ 44-3-160 — 44-3-207) › Part 6 - REGISTRATION (§§ 44-3-190 — 44-3-192) › Section 44-3-190 - Real estate broker's license requirement; collection of compensation for real estate brokerage services from persons reselling time-share intervals

(a)
It shall be unlawful for any person to engage in the business of, act in the capacity of, advertise, or assume to act as a sales agent or managing agent within this state without first obtaining a license to act as a real estate broker if required by Chapter 40 of Title 43.
(b)
Prior to the closing of a resale of a time-share interval owned by a person other than the developer of the time-share program, no person may charge or collect any compensation for real estate brokerage services from the person reselling the time-share interval; provided, however, that such person providing real estate brokerage services may charge an advertising fee if:
(1)
Such person can document that said advertising fee was paid to a firm which regularly provides advertising services to promote the sale of real property and with which such person providing real estate brokerage services has no personal, familial, or business relationship; and
(2)
The party reselling the time-share interval signs an agreement authorizing the advertising fee and such agreement identifies the party to whom the advertising fee will be paid.
If the person offering real estate brokering services on the resale of a time-share interval also offers a guaranteed sale of the interval, such person may not charge or collect any compensation for any purpose prior to the closing of the resale of the time-share interval.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 3 - REGULATION OF SPECIALIZED LAND TRANSACTIONS (§§ 44-3-1 — 44-3-250) › Article 5 - TIME-SHARE PROJECTS AND PROGRAMS (§§ 44-3-160 — 44-3-207) › Part 6 - REGISTRATION (§§ 44-3-190 — 44-3-192) › Section 44-3-191 - Requirements for out-of-state projects, managing agents, and exchange programs

(a)
Time-share projects located outside this state and offered for sale in this state must comply with such time-share regulations as exist in the situs state unless the provisions of this article are more restrictive, and then the provisions of this article shall be equally applicable. A time-share project located outside this state may supplement its disclosure materials in that situs state with an added disclosure addendum to be applicable to sales occurring in this state, which disclosure addendum incorporates the law of this state if more restrictive.
(b)
Managing agents and exchange programs located outside this state and operating in this state must comply with all of the provisions of this article.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 3 - REGULATION OF SPECIALIZED LAND TRANSACTIONS (§§ 44-3-1 — 44-3-250) › Article 5 - TIME-SHARE PROJECTS AND PROGRAMS (§§ 44-3-160 — 44-3-207) › Part 6 - REGISTRATION (§§ 44-3-190 — 44-3-192) › Section 44-3-192 - Exceptions from registration

Compliance with this article shall not be required in the case of:
(1)
Any transfer of a time-share interval by any time-share interval owner other than the developer or such developer's agent;
(2)
Any disposition pursuant to court order;
(3)
A disposition by a government or governmental agency;
(4)
A disposition by foreclosure or deed in lieu of foreclosure;
(5)
A disposition of a time-share interval in a time-share project situated wholly outside this state, provided that all solicitations and negotiations took place wholly outside this state and the sales agreement was executed wholly outside this state;
(6)
A gratuitous transfer of a time-share interval; or
(7)
Group reservations made for 15 or more people as a single transaction between a hotel and travel agent or travel groups for hotel accommodations when deposits are made and held for more than three years in advance.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 3 - REGULATION OF SPECIALIZED LAND TRANSACTIONS (§§ 44-3-1 — 44-3-250) › Article 5 - TIME-SHARE PROJECTS AND PROGRAMS (§§ 44-3-160 — 44-3-207) › Part 7 - MISCELLANEOUS (§§ 44-3-193 — 44-3-207) › Section 44-3-193 - Modification of public offering statement; limitations on use of public offering statement

(a)
A developer must alter or supplement the form of or information contained in the public offering statement to assure that the public offering statement adequately and accurately discloses to prospective purchasers the material required to be disclosed by this article.
(b)
The public offering statement shall not be used for any promotional purposes unless it is used in its entirety. No person shall advertise or represent that any federal, state, county, or municipal agency, board, or commission has approved or recommended the time-share program, its disclosure statement, or any of its documents.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 3 - REGULATION OF SPECIALIZED LAND TRANSACTIONS (§§ 44-3-1 — 44-3-250) › Article 5 - TIME-SHARE PROJECTS AND PROGRAMS (§§ 44-3-160 — 44-3-207) › Part 7 - MISCELLANEOUS (§§ 44-3-193 — 44-3-207) › Section 44-3-194 - Records required to be kept by developer or agents

Any developer or its agents shall keep among its business records and make reasonably available for examination to the purchaser or the time-share program's association or its authorized agent the following:
(1)
A copy of each item required by this article;
(2)
A copy of the sales agreement from each sale of a time-share interval in the time-share project, which sales agreement shall be retained for a period of at least three years after parties to the sale have completely performed all of their obligations thereunder; and
(3)
A list of all employees or independent contractors, including their last known mailing address, which list shall include all current and previous employees or independent contractors whose employment or contract has been terminated within the preceding three years.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 3 - REGULATION OF SPECIALIZED LAND TRANSACTIONS (§§ 44-3-1 — 44-3-250) › Article 5 - TIME-SHARE PROJECTS AND PROGRAMS (§§ 44-3-160 — 44-3-207) › Part 7 - MISCELLANEOUS (§§ 44-3-193 — 44-3-207) › Section 44-3-195 - Criminal penalty for violation of article; injunction restraining prohibited conduct; liability for damages; attorney's fees

(a)
Except that violations of Code Section
44-3-188
shall be subject only to the remedies available under paragraph (16) of subsection (b) of Code Section
10-1-393
, any person who shall willfully and intentionally violate any provision of this article shall be guilty of a misdemeanor except in the case the violation causes loss in excess of $5,000.00, then said person shall be guilty of a felony and, upon conviction thereof, shall be punished by a fine not to exceed $5,000.00 or by imprisonment for not less than one nor more than three years. Each violation of this article shall constitute a separate offense.
(b)
Whenever it appears to the district attorney or the Attorney General, either upon complaint or otherwise, that any person has engaged in, is engaging in, or is about to engage in any act, practice, or transaction which is prohibited by this article, the district attorney or Attorney General or both may in his or her discretion apply to any court of competent jurisdiction in this state, including the Superior Court of Fulton County, for an injunction restraining such person and that person's agents, employees, partners, officers, and directors from continuing such act, practice, or transaction or doing any acts in furtherance thereof and for the appointment of a receiver or an auditor and such other and further relief as the facts may warrant.
(c)
Any person who violates this article shall be liable in damages to any person or class of persons injured thereby. Punitive damages may be awarded for a willful violation of this article. The court may also award reasonable attorney's fees.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 3 - REGULATION OF SPECIALIZED LAND TRANSACTIONS (§§ 44-3-1 — 44-3-250) › Article 5 - TIME-SHARE PROJECTS AND PROGRAMS (§§ 44-3-160 — 44-3-207) › Part 7 - MISCELLANEOUS (§§ 44-3-193 — 44-3-207) › Section 44-3-196 - Application of article to time-share programs created prior to or following July 1, 1983

The provisions of this article shall apply to any time-share program located in this state or outside this state when offered for sale in this state created or commenced after July 1, 1983, and 180 days after July 1, 1983, as to any time-share program heretofore created or commenced.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 3 - REGULATION OF SPECIALIZED LAND TRANSACTIONS (§§ 44-3-1 — 44-3-250) › Article 5 - TIME-SHARE PROJECTS AND PROGRAMS (§§ 44-3-160 — 44-3-207) › Part 7 - MISCELLANEOUS (§§ 44-3-193 — 44-3-207) › Section 44-3-198 - [Repealed] Powers and duties of the commission

Repealed by Ga. L. 1995, p. 1260, § 1, effective July 1, 1995.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 3 - REGULATION OF SPECIALIZED LAND TRANSACTIONS (§§ 44-3-1 — 44-3-250) › Article 5 - TIME-SHARE PROJECTS AND PROGRAMS (§§ 44-3-160 — 44-3-207) › Part 7 - MISCELLANEOUS (§§ 44-3-193 — 44-3-207) › Section 44-3-201 - [Repealed] Investigation of developer, agent, or exchange program; report confidential; enumeration of grounds for reprimand or for suspension or revocation of registration; cease and desist order for failure to register

Repealed by Ga. L. 1995, p. 1260, § 1, effective July 1, 1995.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 3 - REGULATION OF SPECIALIZED LAND TRANSACTIONS (§§ 44-3-1 — 44-3-250) › Article 5 - TIME-SHARE PROJECTS AND PROGRAMS (§§ 44-3-160 — 44-3-207) › Part 7 - MISCELLANEOUS (§§ 44-3-193 — 44-3-207) › Section 44-3-203 - and 44-3-204 - [Repealed]

Repealed by Ga. L. 1995, p. 1260, § 1, effective July 1, 1995.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 3 - REGULATION OF SPECIALIZED LAND TRANSACTIONS (§§ 44-3-1 — 44-3-250) › Article 6 - PROPERTY OWNERS' ASSOCIATIONS (§§ 44-3-220 — 44-3-235) › Section 44-3-220 - Short title

This article shall be known and may be cited as the "Georgia Property Owners' Association Act."
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 3 - REGULATION OF SPECIALIZED LAND TRANSACTIONS (§§ 44-3-1 — 44-3-250) › Article 6 - PROPERTY OWNERS' ASSOCIATIONS (§§ 44-3-220 — 44-3-235) › Section 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 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.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 3 - REGULATION OF SPECIALIZED LAND TRANSACTIONS (§§ 44-3-1 — 44-3-250) › Article 6 - PROPERTY OWNERS' ASSOCIATIONS (§§ 44-3-220 — 44-3-235) › Section 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 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, for 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. After providing notice in accordance with the terms of the instrument, or, if the instrument is silent, ten days' written notice, the association may pursue injunctive relief without the need or requirement to first pursue or utilize any other remedies, regardless of whether other remedies may be available or might otherwise be adequate, provided that such notice shall not be required in the event of a violation of the instrument or the reasonable rules or regulations adopted by the association that presents a clear and imminent danger to life, person, or property, or for which injunctive relief would become moot if not granted before a notice period as prescribed above would expire. If and to the extent provided in the instrument, the association shall be empowered to impose and assess fines, which shall not impact voting rights, to suspend temporarily voting rights for failure to pay regular and special assessments, and to suspend the right of use of certain 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 or the right to vote in board elections based on failure to pay outstanding fines.
Amended by 2024 Ga. Laws 388,§ 3, eff. 7/1/2024.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 3 - REGULATION OF SPECIALIZED LAND TRANSACTIONS (§§ 44-3-1 — 44-3-250) › Article 6 - PROPERTY OWNERS' ASSOCIATIONS (§§ 44-3-220 — 44-3-235) › Section 44-3-224 - Voting at association meetings

(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, 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 present, or executes a proxy, ballot, or written consent, 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 or vote.
(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 as provided in Code Section
14-2-722
or Code Section
14-3-724
or 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.
Amended by 2004 Ga. Laws 535, § 9, eff. 7/1/2004.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 3 - REGULATION OF SPECIALIZED LAND TRANSACTIONS (§§ 44-3-1 — 44-3-250) › Article 6 - PROPERTY OWNERS' ASSOCIATIONS (§§ 44-3-220 — 44-3-235) › Section 44-3-227 - Incorporation as prerequisite to submission to article; requirements as to corporate documents; board of directors

(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," "community," "club," 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.
Amended by 2004 Ga. Laws 535, § 11, eff. 7/1/2004.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 3 - REGULATION OF SPECIALIZED LAND TRANSACTIONS (§§ 44-3-1 — 44-3-250) › Article 6 - PROPERTY OWNERS' ASSOCIATIONS (§§ 44-3-220 — 44-3-235) › Section 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 to cast one-half of the votes of the board of directors shall constitute a quorum for the transaction of business at any meeting of the board.
Amended by 2004 Ga. Laws 535, § 12, eff. 7/1/2004.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 3 - REGULATION OF SPECIALIZED LAND TRANSACTIONS (§§ 44-3-1 — 44-3-250) › Article 6 - PROPERTY OWNERS' ASSOCIATIONS (§§ 44-3-220 — 44-3-235) › Section 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 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.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 3 - REGULATION OF SPECIALIZED LAND TRANSACTIONS (§§ 44-3-1 — 44-3-250) › Article 6 - PROPERTY OWNERS' ASSOCIATIONS (§§ 44-3-220 — 44-3-235) › Section 44-3-230 - Frequency of meetings; notice

(a)
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 seven days in advance of any other meeting and shall state the time, place, and, for any special meeting, purpose of such meeting. Such notice shall be delivered personally or sent by United States mail, postage prepaid, statutory overnight delivery, or issued electronically in accordance with Chapter 12 of Title 10, the 'Uniform Electronic Transactions Act,' 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.
(b)
In the event an association fails to hold an annual meeting on or before the last day of the association's fiscal year, such meeting may called by the holders of at least 5 percent of the voting power of the association, or such other amount as the articles of incorporation or bylaws shall specify, provided that such articles or bylaws shall not require more than 25 percent as a minimum of the voting power, and provided, further, that such call shall be signed by the holders, dated, and delivered to any corporate officer of the association and shall include one or more demands and shall be transmitted in writing or by electronic transmission for the meeting describing the purpose or purposes for which it is to be held.
Amended by 2024 Ga. Laws 388,§ 4, eff. 7/1/2024.
Amended by 2009 Ga. Laws 141,§ 2, eff. 7/1/2009.
Amended by 2004 Ga. Laws 535, § 13, eff. 7/1/2004.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 3 - REGULATION OF SPECIALIZED LAND TRANSACTIONS (§§ 44-3-1 — 44-3-250) › Article 6 - PROPERTY OWNERS' ASSOCIATIONS (§§ 44-3-220 — 44-3-235) › Section 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 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.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 3 - REGULATION OF SPECIALIZED LAND TRANSACTIONS (§§ 44-3-1 — 44-3-250) › Article 6 - PROPERTY OWNERS' ASSOCIATIONS (§§ 44-3-220 — 44-3-235) › Section 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.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 3 - REGULATION OF SPECIALIZED LAND TRANSACTIONS (§§ 44-3-1 — 44-3-250) › Article 6 - PROPERTY OWNERS' ASSOCIATIONS (§§ 44-3-220 — 44-3-235) › Section 44-3-235 - Applicability of article

(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," except to the extent that a property owners' development created under this article includes a condominium, together with other real property, as provided in paragraph (9) of Code Section
44-3-221
.
(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.
Amended by 2004 Ga. Laws 535, § 15, eff. 7/1/2004.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 3 - REGULATION OF SPECIALIZED LAND TRANSACTIONS (§§ 44-3-1 — 44-3-250) › Article 7 - REPORTING (§ 44-3-250) › Section 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 the end of the year for which fees were assessed. This Code section shall not apply to any development that has been made a property owners' development in accordance with Article 6 of this chapter, the "Georgia Property Owners' Association Act."
Added by 2009 Ga. Laws 85,§ 1, eff. 7/1/2009.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 4 - DETERMINATION OF BOUNDARIES (§§ 44-4-1 — 44-4-31) › Article 1 - PROCESSIONING (§ 44-4-1) › Section 44-4-1 - through 44-4-10 - [Reserved]

Reserved. Repealed by Ga. L. 2014, p. 695, § 4/HB 790, effective July 1, 2014.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 4 - DETERMINATION OF BOUNDARIES (§§ 44-4-1 — 44-4-31) › Article 2 - COORDINATE SYSTEM (§§ 44-4-20 — 44-4-31) › Section 44-4-20 - Designation of Georgia state plane coordinate system; East and West Zones

(a)
The Georgia portion of the State Plane Coordinate System as defined by the National Geodetic Survey, based on the National Spatial Reference System, for defining and stating the geographic positions or locations of points on the surface of the earth within this state shall be known and designated as the 'Georgia State Plane Coordinate System.'
(b)
For the purpose of the use of this system, the state is divided into an 'East Zone' and a 'West Zone':
(1)
The area now included in the following counties shall constitute the East Zone: Appling, Atkinson, Bacon, Baldwin, Brantley, Bryan, Bulloch, Burke, Camden, Candler, Charlton, Chatham, Clinch, Coffee, Columbia, Dodge, Echols, Effingham, Elbert, Emanuel, Evans, Franklin, Glascock, Glynn, Greene, Hancock, Hart, Jeff Davis, Jefferson, Jenkins, Johnson, Laurens, Liberty, Lincoln, Long, McDuffie, McIntosh, Madison, Montgomery, Oglethorpe, Pierce, Richmond, Screven, Stephens, Taliaferro, Tattnall, Telfair, Toombs, Treutlen, Ware, Warren, Washington, Wayne, Wheeler, Wilkes, and Wilkinson; and
(2)
The area now included in the following counties shall constitute the West Zone: Baker, Banks, Barrow, Bartow, Ben Hill, Berrien, Bibb, Bleckley, Brooks, Butts, Calhoun, Carroll, Catoosa, Chattahoochee, Chattooga, Cherokee, Clark, Clay, Clayton, Cobb, Colquitt, Cook, Coweta, Crawford, Crisp, Dade, Dawson, Decatur, DeKalb, Dooly, Dougherty, Douglas, Early, Fannin, Fayette, Floyd, Forsyth, Fulton, Gilmer, Gordon, Grady, Gwinnett, Habersham, Hall, Haralson, Harris, Heard, Henry, Houston, Irwin, Jackson, Jasper, Jones, Lamar, Lanier, Lee, Lowndes, Lumpkin, Macon, Marion, Meriwether, Miller, Mitchell, Monroe, Morgan, Murray, Muscogee, Newton, Oconee, Paulding, Peach, Pickens, Pike, Polk, Pulaski, Putnam, Quitman, Rabun, Randolph, Rockdale, Schley, Seminole, Spalding, Stewart, Sumter, Talbot, Taylor, Terrell, Thomas, Tift, Towns, Troup, Turner, Twiggs, Union, Upson, Walker, Walton, Webster, White, Whitfield, Wilcox, and Worth.
Amended by 2022 Ga. Laws 850,§ 1, eff. 7/1/2022.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 4 - DETERMINATION OF BOUNDARIES (§§ 44-4-1 — 44-4-31) › Article 2 - COORDINATE SYSTEM (§§ 44-4-20 — 44-4-31) › Section 44-4-21 - Names of East and West Zones

(a)
As established for use in the East Zone, the Georgia State Plane Coordinate System shall be named; and, in any land description in which it is used, shall be designated as the "Georgia State Plane Coordinate System East Zone."
(b)
As established for use in the West Zone, the Georgia State Plane Coordinate System shall be named; and, in any land description in which it is used, shall be designated as the "Georgia State Plane Coordinate System West Zone."
Amended by 2022 Ga. Laws 850,§ 1, eff. 7/1/2022.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 4 - DETERMINATION OF BOUNDARIES (§§ 44-4-1 — 44-4-31) › Article 2 - COORDINATE SYSTEM (§§ 44-4-20 — 44-4-31) › Section 44-4-22 - Alternative plane coordinates for expressing location of a point for Georgia State Plane Coordinate System

The plane coordinate values for a point on the earth's surface, used to express the geographic position or location of such point in the appropriate zone of the Georgia State Plane Coordinate System, shall consist of two distances expressed in either meters and decimals of a meter or, following conversion as provided in Code Section
44-4-27
, in feet and decimals of a foot when using the Georgia State Plane Coordinate System. One of these distances, to be known as the East or x-coordinate shall give the distance east of the Y axis; the other, to be known as the North or y-coordinate shall give the distance north of the X axis. The Y axis of any zone shall be parallel with the central meridian of the zone. The X axis of any zone shall be perpendicular to the central meridian of that zone.
Amended by 2022 Ga. Laws 850,§ 1, eff. 7/1/2022.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 4 - DETERMINATION OF BOUNDARIES (§§ 44-4-1 — 44-4-31) › Article 2 - COORDINATE SYSTEM (§§ 44-4-20 — 44-4-31) › Section 44-4-23 - Description of land extending from one zone to another

When any tract of land to be defined by a single description extends from one into the other of the coordinate zones established in Code Section
44-4-21
, the positions of all points on its boundaries may be referred to either of the two zones, the zone which is used being specifically named in the description.
Amended by 2022 Ga. Laws 850,§ 1, eff. 7/1/2022.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 4 - DETERMINATION OF BOUNDARIES (§§ 44-4-1 — 44-4-31) › Article 2 - COORDINATE SYSTEM (§§ 44-4-20 — 44-4-31) › Section 44-4-24 - Recordation of coordinates of point prohibited unless connected by survey to monumented horizontal control station

No coordinates based on either Georgia State Plane Coordinate System purporting to define the position of a point on a land boundary shall be presented to be recorded in any public land records or deed records unless such point has been connected by survey to a monumented horizontal control station that is identified and has been established in conformity with the standards of accuracy and specifications as shall be specified by rules and regulations established by the State Board of Registration for Professional Engineers and Land Surveyors.
Renumbered from §
44-4-25
and amended by 2022 Ga. Laws 850,§ 1, eff. 7/1/2022.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 4 - DETERMINATION OF BOUNDARIES (§§ 44-4-1 — 44-4-31) › Article 2 - COORDINATE SYSTEM (§§ 44-4-20 — 44-4-31) › Section 44-4-25 - Use of terms limited

The use of the term "Georgia State Plane Coordinate System East Zone," "Georgia State Plane Coordinate System West Zone," on any map, report of survey, or other document shall be limited to coordinates based on the Georgia State Plane Coordinate Systems as defined in this article.
Renumbered from §
44-4-26
and amended by 2022 Ga. Laws 850,§ 1, eff. 7/1/2022.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 4 - DETERMINATION OF BOUNDARIES (§§ 44-4-1 — 44-4-31) › Article 2 - COORDINATE SYSTEM (§§ 44-4-20 — 44-4-31) › Section 44-4-26 - Use of terms "Grid North, Georgia East Zone" and "Grid North, Georgia West Zone."

The term "Grid North, Georgia East Zone" refers to the fixed north direction in the East Zone, being Geodetic North for the central meridian of that zone. The term "Grid North, Georgia West Zone" refers to the fixed north direction in the West Zone, being Geodetic North for the central meridian of that zone. The applicable Grid North term and the basis of orientation shall appear on maps of survey that are purported oriented to a Georgia State Plane Coordinate System zone.
Renumbered from §
44-4-27
and amended by 2022 Ga. Laws 850,§ 1, eff. 7/1/2022.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 4 - DETERMINATION OF BOUNDARIES (§§ 44-4-1 — 44-4-31) › Article 2 - COORDINATE SYSTEM (§§ 44-4-20 — 44-4-31) › Section 44-4-27 - Conversion of distances between meters and feet

Any conversion of distances between the meter and the foot shall be based upon the length of the meter (exactly) equals 3.280839895 feet.
Renumbered from §
44-4-28
and amended by 2022 Ga. Laws 850,§ 1, eff. 7/1/2022.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 4 - DETERMINATION OF BOUNDARIES (§§ 44-4-1 — 44-4-31) › Article 2 - COORDINATE SYSTEM (§§ 44-4-20 — 44-4-31) › Section 44-4-28 - Use of system not mandatory

Nothing contained in this article shall require any purchaser or mortgagee to rely on a description, any part of which depends exclusively upon the Georgia State Plane Coordinate System. Nothing in this article shall be so construed as to require any person, firm, or corporation to use this system of coordinates to obtain or secure a legal description of land or real estate.
Renumbered from §
44-4-29
and amended by 2022 Ga. Laws 850,§ 1, eff. 7/1/2022.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 4 - DETERMINATION OF BOUNDARIES (§§ 44-4-1 — 44-4-31) › Article 2 - COORDINATE SYSTEM (§§ 44-4-20 — 44-4-31) › Section 44-4-29 - Validity of use of coordinate system

(a)
Any legal description prepared under the provisions of the Georgia Coordinate System provided by an Act approved March 6, 1945 (Ga. L. 1945, p. 218), and continued as a part of this Code until July 1, 1985, shall not be invalid based on the use of such coordinate system.
(b)
Any continual use of legal descriptions prepared under the terms of the Georgia Coordinate System provided by an Act approved March 6, 1945 (Ga. L. 1945, p. 218), and continued as a part of this Code until July 1, 1985, which have been recorded or filed in official records within this state, shall not be invalid based on the use of such coordinate system.
(c)
Any continual use of legal descriptions prepared under the terms of the Georgia Coordinate System provided by an Act approved on March 28, 1985 (Ga. L. 1985, p. 650), and continued as a part of this Code until July 1, 2022, which have been recorded or filed in the official records within this state, shall not be invalid based on the use of such coordinate system.
Renumbered from §
44-4-30
and amended by 2022 Ga. Laws 850,§ 1, eff. 7/1/2022.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 4 - DETERMINATION OF BOUNDARIES (§§ 44-4-1 — 44-4-31) › Article 2 - COORDINATE SYSTEM (§§ 44-4-20 — 44-4-31) › Section 44-4-30 - Use of term "Georgia State Plane Coordinate System"; use of other geodetic references

(a)
The use of the term "Georgia State Plane Coordinate System" on any map, report of survey, legal description, or other document shall be limited to coordinates based on the Georgia State Plane Coordinate System as defined by this article.
(b)
The provisions of this article shall not be construed to prohibit the appropriate use of other geodetic reference networks.
Added by 2022 Ga. Laws 850,§ 1, eff. 7/1/2022.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 4 - DETERMINATION OF BOUNDARIES (§§ 44-4-1 — 44-4-31) › Article 2 - COORDINATE SYSTEM (§§ 44-4-20 — 44-4-31) › Section 44-4-31 - [Repealed]

Repealed by 2022 Ga. Laws 850,§ 1, eff. 7/1/2022.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 5 - ACQUISITION AND LOSS OF PROPERTY (§§ 44-5-1 — 44-5-230) › Article 1 - GRANTS FROM STATE (§§ 44-5-1 — 44-5-14) › Section 44-5-1 - Origin of title to land

The title to all lands originates in grants from the Government and, since its independence, from the state.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 5 - ACQUISITION AND LOSS OF PROPERTY (§§ 44-5-1 — 44-5-230) › Article 1 - GRANTS FROM STATE (§§ 44-5-1 — 44-5-14) › Section 44-5-2 - How land in state held

All realty in this state is held under the state as the original owner thereof. It is free from all rent or service and is limited only by the right of eminent domain which remains in the state.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 5 - ACQUISITION AND LOSS OF PROPERTY (§§ 44-5-1 — 44-5-230) › Article 1 - GRANTS FROM STATE (§§ 44-5-1 — 44-5-14) › Section 44-5-3 - Form of grants; substantial compliance

The form of grants heretofore used in this state is established, and a substantial compliance with such form shall be held sufficient.
2023 CODE OF GEORGIA › Title 44 - PROPERTY (§§ 44-1-1 — 44-17-7) › Chapter 5 - ACQUISITION AND LOSS OF PROPERTY (§§ 44-5-1 — 44-5-230) › Article 1 - GRANTS FROM STATE (§§ 44-5-1 — 44-5-14) › Section 44-5-4 - Correctable errors in grants

The following errors in the issuing and recording of grants may be corrected:
(1)
Any error in the name or residence of the grantee; or in the location, character, or boundary of the land; or in any other matter or thing connected with the application for or issuing of the grant;
(2)
Any error in recording or transcribing the names of applicants for draws or the names of fortunate drawers in the several land lotteries, or any omission by any of the officers or on the part of any of the agents of the state, or any other mistake in recording the grant; or
(3)
Any other error whereby the true grantee is deprived of or jeopardized in his right.