Amendment of instrument; presumption of validity in court action
- Statute:
- Georgia §44-3-226 · Article POA (Georgia Property Owners' Association Act (opt-in) (O.C.G.A. §§ 44-3-220 to 44-3-235))
- Topic:
- Governing Documents · Amendments
- Applies to:
- HOA associations
Unless another section says otherwise, the instrument amends by agreement of owners of lots to which two-thirds of the votes pertain, or a larger majority the instrument specifies, capped at 80 percent of the association vote plus 80 percent of mortgaged-lot mortgagees. An amendment cannot, as to a currently leased lot, ban a six-month-or-longer lease until that lot conveys for value. From 1 January 2027, SB 406 adds a one-year window for an 80-percent-plus supermajority to be retained after a community newly submits. Until then, the two-thirds / 80-percent cap in the current text is the rule for elected-in associations.
📄 Read the official text at legis.ga.gov →
How SoShiny helps with Amendment of instrument; presumption of validity in court action
SoShiny is built around the Florida statutes from day one. The features that help you comply with this section are part of every plan — no add-ons, no per-document fees.
See the feature → Start freeFrequently asked
- What does Georgia §44-3-226 require?
- Unless another section says otherwise, the instrument amends by agreement of owners of lots to which two-thirds of the votes pertain, or a larger majority the instrument specifies, capped at 80 percent of the association vote plus 80 percent of mortgaged-lot mortgagees. An amendment cannot, as to a currently leased lot, ban a six-month-or-longer lease until that lot conveys for value. From 1 January 2027, SB 406 adds a one-year window for an 80-percent-plus supermajority to be retained after a community newly submits.
- Who does Georgia §44-3-226 apply to?
- Georgia §44-3-226 applies to HOA associations in Georgia.
- What happens if our HOA doesn't comply with §44-3-226?
- 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 §44-3-226?
- 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 Amendment of instrument; presumption of validity in court action?
- SoShiny is built around the Florida statutes from day one. The features that help you comply with this section are part of every plan — no add-ons, no per-document fees. Learn more →
Not legal advice. This page is a plain-English summary of Georgia §44-3-226 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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