Georgia statute reference · O.C.G.A. § 44-3-100
§ 44-3-100 - Organization and membership
Section 44-3-100 sets the formation sequence for a Georgia condominium association. The declarant must incorporate the association before recording the declaration, every unit owner is automatically a member, and the first board and officers must be in place before the first unit conveys.
Statute text reproduced from the Official Code of Georgia Annotated (O.C.G.A.); editorial summaries by the Common Elements editorial team. Not legal advice; not a substitute for Georgia counsel.
Current as of 2026-05-29.
What boards need to know
Incorporation comes first. O.C.G.A. § 44-3-100(a) requires the declarant to incorporate the association before recording the declaration, as either a business corporation under Title 14 Chapter 2 or a nonprofit membership corporation under Title 14 Chapter 3. The corporate name must include the phrase unit owners' association or condominium association, and the articles and bylaws must be consistent with the article and the declaration.
Membership is automatic and tied to ownership. The same subsection provides that each unit owner is automatically a member of the association and that membership continues during the period of ownership. There is no separate joinder step for an owner to become a member.
Governance must exist before sales. O.C.G.A. § 44-3-100(b) requires the first board of directors to be appointed, the officers elected, and the organization effectuated before the first unit conveys. O.C.G.A. § 44-3-100(c) requires the articles, bylaws, and amendments to be kept at the principal and registered offices and the declarant's sales office during declarant control, and furnished to any owner on request for a reasonable charge.
Key requirements
Incorporation before recording
O.C.G.A. § 44-3-100(a)- Declarant must incorporate the association before recording the declaration
- Business corporation (Title 14 Ch. 2) or nonprofit membership corporation (Title 14 Ch. 3)
- Name must include unit owners' association or condominium association
- Articles and bylaws consistent with the article and the declaration
Automatic membership
O.C.G.A. § 44-3-100(a)- Each unit owner is automatically a member
- Membership continues during ownership
- Member includes a shareholder if the association is a stock business corporation
First board before first conveyance
O.C.G.A. § 44-3-100(b)- First board of directors appointed
- Officers elected
- Organization of the association effectuated
- All before the first unit conveys
Document access
O.C.G.A. § 44-3-100(c)- Articles, bylaws, and amendments kept at principal and registered offices
- Kept at the declarant's sales office during declarant control
- Furnished to any unit owner on request
- Reasonable charge permitted
Key statutory text
The membership and first-board provisions, reproduced verbatim from the Official Code of Georgia Annotated. Full text at legis.ga.gov.
§ 44-3-100(a) - automatic membership
Each unit owner shall automatically be a member of the association. The term “member” shall include a shareholder in the event the association is a business corporation or issues stock. Membership shall continue during the period of ownership by such unit owner.
§ 44-3-100(b) - first board before first conveyance
Prior to the first conveyance of a condominium unit, the declarant shall cause the first board of directors to be duly appointed, the officers to be elected, and the organization of the association to be effectuated.
Common questions about § 44-3-100
- When must a Georgia condominium association be incorporated?
- Before the declaration is recorded. O.C.G.A. § 44-3-100(a) requires the declarant to cause the association to be duly incorporated, either as a business corporation under Chapter 2 of Title 14 or as a nonprofit membership corporation under Chapter 3 of Title 14, prior to recording the declaration. The corporate name must include the phrase unit owners' association or condominium association.
- Is membership in a Georgia condominium association automatic?
- Yes. O.C.G.A. § 44-3-100(a) provides that each unit owner shall automatically be a member of the association, and that membership continues during the period of ownership. If the association is a business corporation that issues stock, the term member includes a shareholder.
- When must the first board and officers be in place?
- Before the first unit conveys. O.C.G.A. § 44-3-100(b) requires the declarant, prior to the first conveyance of a condominium unit, to cause the first board of directors to be duly appointed, the officers to be elected, and the organization of the association to be effectuated.
- Can a Georgia condominium owner get copies of the governing documents?
- Yes. O.C.G.A. § 44-3-100(c) requires true and correct copies of the articles of incorporation and bylaws and all amendments to be maintained at the principal and registered offices of the association and at the declarant's sales office during declarant control, and to be furnished to any unit owner on request upon payment of a reasonable charge.
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This is not legal advice. Consult Georgia community-association counsel for your specific situation.