However, board and officer powers may also be constrained by the governing documents. Code § 44-3-224 (voting at association meetings).īoard members have the general authority to act for the association without a member vote regarding matters within the association's inherent or express powers, as outlined in the association's declaration or statute. Votes are apportioned as one vote per lot. Code § 44-3-228 (presence of quorums at meetings). For a vote to occur, a quorum (at least 1/3 of possible voters) must be present at the beginning of the meeting. Voting occurs at member meetings, which must be held at least once per year but are otherwise controlled by the association's declaration and incorporation articles. Id.Īssociation members have a right to vote on certain association matters, including the election of board-members and adoption or amendment of covenants. Individual lot owners are also authorized to bring compliance actions against other non-compliant owners. Code § 44-3-223 (Compliance with provisions of instrument and with rules and regulations penalties for non-compliance). Associations are also empowered to impose and assess fines and temporarily suspend voting rights and the right to use certain common areas and services to enforce such compliance. In the event of non-compliance, the association, acting through the board, can bring an action against the non-compliant member to recover amounts owed to the association or to compel compliance by court order. Lot owners and any occupants of homes within the association are legally required to comply with the declaration. Eligibility criteria for officers and board members are usually outlined in the declaration or articles of incorporation.Īn association's declaration is recorded with the county land records of the county in which the association is located and sets forth the association's rules and covenants, the duties and powers of the board and officers, how association voting and elections occur, the process for calculating and collecting assessments, and any restrictions on the powers of the board or association. Its articles of incorporation govern an association's corporate structure, a legal document prepared when the association organizes as a corporation. Code § 44-3-231(f).ĭuties and powers include enforcement of covenants, assessment and collection of member fees, maintenance of commons areas, and acting on behalf of the association in legal matters. The board, in turn, appoints officers to carry out the board's duties and powers. Georgia associations are governed by a board of directors initially appointed by the declarant (usually the developer) and then elected by homeowners following the association's declaration of covenants ("declaration"). Governance of Homeowners Associations in Georgia
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