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

O.C.G.A. § 44-3-233 (2019)

Liberal construction of article; substantial compliance; curing of defects by amendment

✓ O.C.G.A. (archive.org 2024 item): print volumes of 2004-2024, per-volume vintage; older volumes partly replaced by 2019 Release 73 text; no 2025 or 2026 Acts
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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The provisions of this article and of an instrument recorded pursuant thereto shall be liberally construed in favor of the valid establishment of property owners' association pursuant to this article with respect to the submitted property. Substantial compliance with the requirements of this article for the establishment of a property owners' association shall suffice to being property described in an instrument recorded pursuant to this article within the purview and application of this article; and any defects in such instrument or want of conformity with this article may be cured by an amendment thereto duly executed by the association and recorded or, upon application of any lot owner, with notice to the declarant, the association, and all other lot owners, by decree of the court.

History

(Code 1981, § 44-3-233, enacted by Ga. L. 1994, p. 1879, § 1.)

Notes of Decisions
Cited in 4 cases (1 in the last 5 years), 2013–2025 · 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 2× “]” OCGA § 44-3-233. On the other hand, when the issue is the more narrow one of the enforceability of a particular covenant that restricts a homeowner’s lawful use and enjoyment of his land, we are mindful that “restrictions on private property are generally not favored in…”
Gregory Vaughn v. Windfield Homeowners Ass'n, 913 S.E.2d 74 (Ga. Ct. App. 2025). · cites it 10× ““Declaration” is a term of art, and is defined as “the recordable instrument creating covenants upon property which covenants are administered by a property owners’ association in which membership is mandatory for all owners of lots in the property owners’ development.”
Mitchell Howell v. Lochwolde Homeowners Ass'n, 845 S.E.2d 410 (Ga. Ct. App. 2020). · cites it 8× “(b) The trial court also relied on OCGA § 44-3-233, but the trial court failed to make appropriate findings of fact and law, which requires us to remand.”
Patricia Marino v. Clary Lakes Homeowners Ass'n, No. A13A0299 (Ga. Ct. App. July 12, 2013). · cites it 2× “]” OCGA § 44-3-233. On the other hand, when the issue is the more narrow one of the enforceability of a particular covenant that restricts a homeowner’s lawful use and enjoyment of his land, we are mindful that “restrictions on private property are generally not favored in…”
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