O.C.G.A.

O.C.G.A. § 44-3-227 (2019)

Incorporation as prerequisite to submission to article; requirements as to corporate documents; board of directors

✓ 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) 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.

History

(Code 1981, § 44-3-227, enacted by Ga. L. 1994, p. 1879, § 1; Ga. L. 2004, p. 560, § 11.)

Notes of Decisions
Cited in 5 cases (2 in the last 5 years), 2018–2025 · leading case: Mitchell Howell v. Lochwolde Homeowners Ass'n, Inc. (Ga. Ct. App. 2020).
Mitchell Howell v. Lochwolde Homeowners Ass'n, Inc. (Ga. Ct. App. 2020). · cites it 4× “”); OCGA § 44-3-227 (a) (“Prior to submission to [the POAA], the association shall be duly incorporated.”
Ga. Appreciation Prop., Inc. v. Enclave at Riverwalk Townhome Ass'n, Inc., 812 S.E.2d 157 (5th Cir. 2018). “; see also OCGA § 44-3-227 (a). Under that Code, members of a non-profit corporation may, under certain circumstances, file derivative proceedings.”
Gregory Vaughn v. Windfield Homeowners Ass'n, Inc. (Ga. Ct. App. 2025). · cites it 2× “See OCGA § 44-3-227 (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.”
Jennifer Knaack v. Henley Park Homeowners Ass'n, Inc. (Ga. Ct. App. 2022). “; see also OCGA § 44-3-227 (a). Under that Code, members of a nonprofit corporation may, under certain circumstances, file derivative proceedings.”
Georgia Appreciation Prop., Inc. v. Enclave at Riverwalk Townhome Ass'n, Inc. (Ga. Ct. App. 2018). “; see also OCGA § 44-3-227 (a). Under that Code, members of a non-profit corporation may, under certain circumstances, file derivative proceedings.”
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.