O.C.G.A.
O.C.G.A. § 44-3-220 (2019)
Short title
✓ 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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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.)
Notes of Decisions
Cited in 26
cases (5 in the last 5 years), 1996–2026 · leading case: Marino v. Clary Lakes Homeowners Ass'n, 747 S.E.2d 31 (Ga. Ct. App. 2013).
Marino v. Clary Lakes Homeowners Ass'n, 747 S.E.2d 31 (Ga. Ct. App. 2013). “ourt determined that the Association’s enforcement action was not barred by the two-year statute of limitation; that the restrictive covenant was exempt from the written consent requirement imposed by OCGA § 44-5-60 (d) (4); that the covenant was validly enacted and enforceable…”
Northside Bank v. Mountainbrook of Bartow Homeowners Ass'n, Inc., 789 S.E.2d 378 (Ga. Ct. App. 2016). “” Mountainbrook asserts that OCGA § 13-1-11 does not apply to the Declaration because it “is not a ‘note or other evidence of indebtedness’ that creates a promise to repay a fixed debt upon its creation.” Mountainbrook also contends that its argument is bolstered by the…”
Crabapple Lake Parc Cmty. Ass'n v. Circeo, 751 S.E.2d 866 (Ga. Ct. App. 2013). “Crabapple is an incorporated homeowners association in accordance with the Georgia Property Owners’ Association Act, OCGA § 44-3-220 et seq. The association was previously known as Lake Parc Community Association, Inc.”
Summer Crest at Four Seasons on Lanier Homeowners Ass'n, Inc. v. Great Water Lanier, LLC, 811 S.E.2d 1 (Ga. Ct. App. 2018). “That Act provides that a property owners' association instrument includes the declaration, plats, and plans recorded pursuant to the Act and that "[a]ny exhibit, schedule, or certification accompanying an instrument and recorded simultaneously therewith shall be deemed an…”
Hall v. Town Creek Neighborhood Ass'n, 740 S.E.2d 816 (Ga. Ct. App. 2013). “Rather, the question is whether, under these circumstances, the covenants permitted the Declarant to forego appointing a board and simply act in place of that board.”
Pasha v. Battle Creek Homeowners Ass'n, Inc., 829 S.E.2d 618 (Ga. Ct. App. 2019). “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.”
Croft v. Fairfield Plantation Prop. Owners Ass'n, 623 S.E.2d 531 (Ga. Ct. App. 2005). “12 OCGA§ 44-3-220 et seq. 13 Sanders v. State, 179 Ga.”
Marino v. Clary Lakes Homeowners Ass'n, 770 S.E.2d 289 (Ga. Ct. App. 2015). “5 Importantly, the Amended Declaration included a provision stating that the Association and the Clary Lakes subdivision were submitting to application of the Property Owners’ Association Act (“POA Act”) (OCGA § 44-3-220 et seq.). 6 And under the Amended Declaration, use of…”
Timberstone Homeowner's Ass'n v. Summerlin, 467 S.E.2d 330 (Ga. 1996). “This statute became effective on July 1,1994 and provides that a lot owner in a development is obligated to comply with a declaration recorded by a property owners’ association. Failure to comply with the terms of the instrument subjects the owner to a lawsuit for damages or…”
McGee v. Patterson, 746 S.E.2d 719 (Ga. Ct. App. 2013). “We also find no evidence in the record that the MEHOA ever submitted itself to the terms of the Georgia Property Owners’Association Act, OCGA § 44-3-220 et seq. See OCGA § 44-3-222 (“Any declaration or amendment intending to bring or avail a development of the benefits and…”
Largo Villas Homeowners' Ass'n v. Bunce, 631 S.E.2d 731 (Ga. Ct. App. 2006). “Although it does not appear from the record that Largo was an incorporated homeowners’ association at the time of its formation, we assume that it has become one (probably by submitting itself to the Georgia Property Owners’ Association Act, OCGA § 44-3-220 et seq.), as it does…”
Ga. Appreciation Prop., Inc. v. Enclave at Riverwalk Townhome Ass'n, Inc., 812 S.E.2d 157 (5th Cir. 2018). “The February 2016 amendment to the Declaration also submitted the property and Declaration to the provisions of the POA Act, OCGA § 44-3-220 et seq. As noted above, the provision of the Declaration that allows amendments thereto is expressly subject to the terms of the POA Act.”
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