---
title: O.C.G.A. § 44-3-233. Liberal construction of article; substantial compliance; curing of defects by amendment.
collection: code
id: 44-3-233
cite_as: O.C.G.A. § 44-3-233 (2025)
canonical_url: https://georgiacommons.org/code/44-3-233
md_url: https://georgiacommons.org/code/44-3-233.md
text_url: https://georgiacommons.org/code/44-3-233/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=323
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/44-3-232.1.md
next: https://georgiacommons.org/code/44-3-234.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 / PROPERTY OWNERS’ ASSOCIATIONS
---

# O.C.G.A. § 44-3-233. Liberal construction of article; substantial compliance; curing of defects by amendment.

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.