Creation of property owners' development; affirmative election to be governed by article
- Statute:
- Georgia §44-3-222 · Article POA (Georgia Property Owners' Association Act (opt-in) (O.C.G.A. §§ 44-3-220 to 44-3-235))
- Topic:
- General · Opt-in election
- Applies to:
- HOA associations
A property owners' development exists when a declaration is recorded under this article, or when a recorded declaration is amended under §44-3-235. Any declaration or amendment that wants this Act's benefits must state an affirmative election to be so governed. Original declarations are executed by all owners of the submitted property. From 1 January 2027, SB 406 also lets 80 percent of the association vote to submit by recording a certifying instrument — until then, the declaration-or-amendment path in this section is the one that works.
📄 Read the official text at legis.ga.gov →
How SoShiny helps with Creation of property owners' development; affirmative election to be governed by article
SoShiny is built around the Florida statutes from day one — every feature is included on every plan, with no add-ons or per-document fees. Start your community free and run it the way the statutes expect.
See the feature → Start freeFrequently asked
- What does Georgia §44-3-222 require?
- A property owners' development exists when a declaration is recorded under this article, or when a recorded declaration is amended under §44-3-235. Any declaration or amendment that wants this Act's benefits must state an affirmative election to be so governed. Original declarations are executed by all owners of the submitted property.
- Who does Georgia §44-3-222 apply to?
- Georgia §44-3-222 applies to HOA associations in Georgia.
- What happens if our HOA doesn't comply with §44-3-222?
- Non-compliance can expose the association and individual directors to disputes in the governing forum for Georgia community associations. SoShiny's audit trail and documented workflows are designed to demonstrate good-faith compliance.
- Where can I read the official text of Georgia §44-3-222?
- The official text is published by the Georgia General Assembly at legis.ga.gov. The summary on this page is for plain-English reference only and is not legal advice.
- How does SoShiny help with Creation of property owners' development; affirmative election to be governed by article?
- SoShiny is built around the Florida statutes from day one — every feature is included on every plan, with no add-ons or per-document fees. Start your community free and run it the way the statutes expect. Learn more →
Not legal advice. This page is a plain-English summary of Georgia §44-3-222 prepared by SoShiny for board members and managers. For binding legal advice or interpretation, consult a Georgia-licensed attorney. For the official statutory text, see the link above.
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