![]() Thus, if the association is organized as a nonprofit, it will be governed by the Georgia Nonprofit Corporation Code. ![]() Georgia associations must be organized as either nonprofit or for-profit corporations before recording a declaration. The law governs nonprofit corporations with regard to corporate structure and procedure. Code §§ 44-3-222 (creation of property owners' development affirmative election to be governed by the article). An association "opts in" to the POAA by recording a declaration (or amending an existing declaration) expressly electing to be governed by the POAA. See Ga. ![]() Importantly, associations in Georgia can be organized under the POAA or based on common law principles, in which case the statute is inapplicable. Code §§ 44-3-220, et seq. The Act governs the formation, management, powers, and operation of applicable associations. Georgia Property Owners Association Act (POAA), Ga. Code §§ 44-3-72 (Creation of condominium) and 44-3-74 (recording condominium instruments, plats, plans, and encumbrances). The Act is the primary, but not exclusive, law governing residential condominiums created after October 1, 1975, or condominiums that have opted into the Act by recording a declaration (or amending an existing declaration) in every county where any portion of the condominium is located. See Ga. The Act no longer exists in the printed laws of the State of Georgia. ![]() The Act continues to govern those condominium associations that have not submitted the Georgia Condominium Act. While the Georgia Condominium Act superseded the Act on July 1, 1975, it was not repealed ( Ga. Federal Laws - In addition to state law regulations, the federal government has laws that govern the operation and management of common interest communities in Georgia. ![]()
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