O.C.G.A.

O.C.G.A. § 44-3-222 (2019)

Creation of property owners’ development; affirmative election to be governed by article

✓ 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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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.

History

(Code 1981, § 44-3-222, enacted by Ga. L. 1994, p. 1879, § 1.)

Notes of Decisions

Cited in 10 cases (2 in the last 5 years), 2004–2025 · leading case: Marino v. Clary Lakes Homeowners Ass'n, 747 S.E.2d 31 (Ga. Ct. App. 2013).

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Marino v. Clary Lakes Homeowners Ass'n, 747 S.E.2d 31 (Ga. Ct. App. 2013). · cites it 10× “OCGA § 44-3-222 of the POA Act, relied upon by the Association, addresses such an exception for an amendment made to an existing declaration of covenants to “submit” to governance of the Act.”

Pasha v. Battle Creek Homeowners Ass'n, Inc., 829 S.E.2d 618 (Ga. Ct. App. 2019). · cites it 2× “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.”

McGee v. Patterson, 746 S.E.2d 719 (Ga. Ct. App. 2013). · cites it 2× “See OCGA § 44-3-222 (“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.”

Parker v. Clary Lakes Rec. Assn., 592 S.E.2d 880 (Ga. Ct. App. 2004). · cites it 2× “10 OCGA § 44-3-224 (a); see also OCGA § 44-5-60 (d) (4) (no change in covenants which imposes a greater restriction on land use or development will be enforced -unless agreed to in writing by “owner” of affected property at time change is made).”

Gregory Vaughn v. Windfield Homeowners Ass'n, Inc. (Ga. Ct. App. 2025). · cites it 8× “OCGA §§ 44-3-222; 44-3-235 (a). The Amendment is a “declaration” as that term is defined in the Act.”

Patricia Marino v. Clary Lakes Homeowners Ass'n, Inc. (Ga. Ct. App. 2013). · cites it 10× “) Construed together, OCGA §§ 44-3-222 and 44-3-235 (a) provide that when an existing declaration is amended to include a provision affirmatively electing to be governed by the POA Act, such an amendment to the existing declaration is to be adopted in accordance with the voting…”

Castle Point Homeowners Ass'n, Inc. v. Simmons, 773 S.E.2d 806 (Ga. Ct. App. 2015). · cites it 2× “” OCGA § 44-3-222. Accordingly, McIntosh took title to the property identified in the security deed prior to the creation of the property owners’ development and free and clear of any associated restrictive covenants.”

Kseniya Parfenova v. Hedington Square Homeowners' Ass'n, Inc. (Ga. Ct. App. 2024). · cites it 2× “”); OCGA § 44-3-222 (“A property owners’ development shall come 8 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.”

Amberfield Homeowners Ass'n, Inc. v. Young Et Al., 813 S.E.2d 618 (Ga. Ct. App. 2018). · cites it 2× “OCGA §§ 44-3-222 ("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.”

Willie Leon McGee v. Pamela Patterson (Ga. Ct. App. 2013). · cites it 2× “See OCGA § 44-3-222 (“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.”

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.