O.C.G.A.

O.C.G.A. § 44-3-224 (2019)

Voting at association meetings

✓ 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) 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.

History

(Code 1981, § 44-3-224, enacted by Ga. L. 1994, p. 1879, § 1; Ga. L. 2004, p. 560, § 9.)

Notes of Decisions

Cited in 1 case, 2004–2004 · leading case: Parker v. Clary Lakes Rec. Assn., 592 S.E.2d 880 (Ga. Ct. App. 2004).

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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).”

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.