---
title: O.C.G.A. § 44-3-104. Directors and officers; eligibility.
collection: code
id: 44-3-104
cite_as: O.C.G.A. § 44-3-104 (2025)
canonical_url: https://georgiacommons.org/code/44-3-104
md_url: https://georgiacommons.org/code/44-3-104.md
text_url: https://georgiacommons.org/code/44-3-104/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t44-ch1-7-(v31)-2010-pdf.pdf?sfvrsn=35dd922f_0#page=249
date: 2025
status: active
corpus_version: 2025-supplement-89aa39ab3c68
license: CC0-1.0
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
up: https://georgiacommons.org/code/44-3.md
previous: https://georgiacommons.org/code/44-3-103.md
next: https://georgiacommons.org/code/44-3-105.md
index: https://georgiacommons.org/code/index.md
version: the only printed version
in_force: true
current_through: Including Acts of the 2025 Regular Session of the General Assembly
heading_path: PROPERTY / REGULATION OF SPECIALIZED LAND TRANSACTIONS / CONDOMINIUMS
---

# O.C.G.A. § 44-3-104. Directors and officers; eligibility.

If the condominium instruments provide that any member of the board of directors or any officer of the association must be a unit owner, then, notwithstanding paragraph (1) of subsection (a) of Code Section 44-3-75, the term ‘‘unit owner’’ in such context shall, unless the condominium instruments otherwise provide, be deemed to include, without limitation, any shareholder, director, officer, partner in, or trustee of any person who is, either alone or in conjunction with any other person or persons, a unit owner. Any individual who would not be eligible to serve as a member of the board of directors or officer were he not a shareholder, director, officer, partner in, or trustee of such a person shall be deemed to have disqualified himself from continuing in office if he ceases to have any such affiliation with that person.

## History

Ga. L. 1975, p. 609, § 36.