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Official Code of Georgia Annotated

Title 44. PROPERTY · Chapter 3. REGULATION OF SPECIALIZED LAND TRANSACTIONS · Article 3. CONDOMINIUMS

44-3-100. Incorporation of association; name; articles and bylaws; membership; organization.

Active

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

  1. (a)

    Prior to recording the declaration, the declarant shall cause the association to 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. The corporate name of the association shall include the phrase ‘‘unit owners’ association’’ or the phrase ‘‘condominium 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. Each unit owner shall automatically be a member 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 unit owner.#

  2. (b)

    Prior to the first conveyance of a condominium unit, the declarant shall cause the first board of directors to be duly appointed, the officers to be elected, and the organization of the association to be effectuated.#

  3. (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 Code Section 44-3-101; and copies thereof shall be furnished to any unit owner on request upon payment of a reasonable charge therefor.#

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

Ga. L. 1975, p. 609, § 32.

Law reviews

For article, ‘‘Georgia Condominium Law: Beyond the Condominium Act,’’ see 13 Ga. St. B.J. 24 (2007).

Read the official page (the state's PDF, opened at the page this text was read from).

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Text read from t44-ch1-7-(v31)-2010-pdf.pdf, Volume V31, 2010 edition, pages 245 to 246; merge action: carried; file SHA-256 490191d3dc54.