O.C.G.A.
O.C.G.A.

O.C.G.A. § 44-3-103 (2019)

Quorums at meetings of association or board

✓ O.C.G.A.: 2019 edition (Public.Resource.Org Release 73)
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
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Unless the condominium instruments 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 condominium instruments 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 any business at any meeting of the board.

History

(Ga. L. 1975, p. 609, § 35; Ga. L. 1994, p. 1943, § 8; Ga. L. 2004, p. 560, § 6.)

Annotations

JUDICIAL DECISIONS

Proxies not counted in determining quorum. - Trial court properly held that proxies were not counted in determining whether a quorum was present for a meeting of condominium owners because: (1) the word "member" in a bylaw referred to an individual and not to a proxy authorizing one person to act for another; (2) O.C.G.A. § 44-3-103 affirmed the common law rule requiring the presence of a person entitled to cast a vote to establish a quorum, unless condominium instruments or bylaws provided otherwise; and (3) the condominium association's bylaws did not provide otherwise. Demere Landing Condo. Owners Ass'n v. Matthews, 315 Ga. App. 464, 726 S.E.2d 416 (2012).

RESEARCH REFERENCES

Am. Jur. 2d. - 15A Am. Jur. 2d, Condominiums and Cooperative Apartments, § 11.

C.J.S. - 51C C.J.S., Landlord and Tenant, § 232.

Notes of Decisions
Cited in 1 case, 2012–2012 · leading case: Demere Landing Condo. Owners Ass'n v. Matthews, 726 S.E.2d 416 (Ga. Ct. App. 2012).
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Demere Landing Condo. Owners Ass'n v. Matthews, 726 S.E.2d 416 (Ga. Ct. App. 2012). · cites it 4× “” *466 OCGA § 44-3-103 states that “[u]nless the condominium instruments 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…”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.