Georgia statute reference · O.C.G.A. § 44-3-101
§ 44-3-101 - Declarant control and transition
Section 44-3-101 governs the handover from developer to owners. It caps how long a declarant may appoint and remove the board, sets the events that end control, transfers control to owners automatically, and gives owners a superior-court remedy if the declarant stalls the transition.
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
Declarant control is bounded. O.C.G.A. § 44-3-101(a) lets the declarant appoint and remove the board and officers if the condominium instruments provide for it, but the authority expires on the earliest of four events: any instrument time limit; conveyance of units representing four-fifths of the common-element interests to non-declarant owners; seven years after recording for an expandable condominium or three years for any other type; or the declarant's recorded surrender.
Transition carries responsibility. Under § 44-3-101(b), control passes automatically to the owners, and the declarant is jointly responsible with the board and officers for the books, records, accounts, good standing, and prudent conduct of affairs as of the date control ends. A successor who buys the declarant's interest at foreclosure is not liable for pre-succession acts.
Owners have an early-exit remedy. Section 44-3-101(c)(1) lists declarant failures (no incorporation or registration, no board or officers, no director list, no annual meeting, no timely budget and assessment, or unpaid common-property taxes for two or more years). Under § 44-3-101(c)(2), an owner gives 30 days' certified-mail notice to cure; if the declarant does not cure, the owner may bring a superior-court action for a declaratory judgment granting control, with attorney's fees and costs to a prevailing owner.
Owners can also unwind declarant-era contracts. Section § 44-3-101(d) allows a majority of the votes to cancel a management contract, recreational lease, or other association contract or lease signed during declarant control, during the 12 months after control ends, unless a like majority already ratified it.
Key requirements
Triggers that end declarant control
O.C.G.A. § 44-3-101(a)- Any time limit specified in the condominium instruments
- Conveyance of four-fifths of common-element interests to non-declarant owners
- Seven years after recording (expandable) or three years (other)
- Declarant's recorded surrender of the authority
Automatic transfer to owners
O.C.G.A. § 44-3-101(b)- Control passes automatically to the unit owners
- Declarant jointly responsible for books, records, and accounts
- Association must be in good standing as of the transition date
- Successor at foreclosure not liable for pre-succession acts
Owner remedy for failure to transition
O.C.G.A. § 44-3-101(c)- Listed declarant failures can trigger early transfer
- 30 days' certified-mail notice to cure
- Superior-court declaratory-judgment action if uncured
- Prevailing owner recovers reasonable attorney's fees and costs
Post-control contract cancellation
O.C.G.A. § 44-3-101(d)- Applies to contracts and leases signed during declarant control
- Majority of association votes may cancel
- Within 12 months after control ends
- Unless a like majority already ratified it
Key statutory text
The four-fifths and time-based triggers, reproduced verbatim from the Official Code of Georgia Annotated. Full text at legis.ga.gov.
§ 44-3-101(a)(2) - the four-fifths trigger
Unless the declarant at that time has an unexpired option to add additional property, the date as of which units to which four-fifths of the undivided interests in the common elements pertain shall have been conveyed by the declarant to unit owners other than a person or persons constituting the declarant;
§ 44-3-101(a)(3) - the time-based trigger
The expiration of seven years after the recording of the declaration in the case of an expandable condominium or the expiration of three years after the recording of the declaration in the case of any other type of condominium; or
Common questions about § 44-3-101
- How long can a declarant control a Georgia condominium association?
- O.C.G.A. § 44-3-101(a) ties the declarant's authority to appoint and remove the board and officers to the condominium instruments, but caps it. Control expires on the earliest of: any time limit set in the instruments; the date units to which four-fifths of the undivided interests in the common elements pertain have been conveyed to owners other than the declarant (unless an unexpired option to add property exists); seven years after recording the declaration for an expandable condominium or three years for any other type; or the declarant's recorded surrender of the authority.
- What happens when declarant control ends?
- Under O.C.G.A. § 44-3-101(b), control automatically passes to the unit owners, including the declarant if it still owns units. The declarant is jointly responsible with the board and officers for ensuring that the books, records, and accounts are in proper order, that the association is in good standing, and that the affairs were conducted in a prudent and businesslike manner as of the date control expires.
- Can owners take control early if the declarant fails to perform?
- Yes. O.C.G.A. § 44-3-101(c)(1) lists declarant failures that can trigger an early transfer, including failing to incorporate or maintain registration, appoint the board and elect officers, maintain a director and officer list, call annual meetings, prepare and distribute a budget and assessment on time, or pay property taxes on common property for two or more years. Under § 44-3-101(c)(2), an owner first gives the declarant 30 days' certified-mail notice to cure; if the declarant does not cure, the owner has standing to bring a superior-court action for a declaratory judgment granting control, with reasonable attorney's fees and costs to a prevailing owner.
- Can owners cancel contracts the declarant signed?
- Yes, within a window. O.C.G.A. § 44-3-101(d) provides that any management contract, recreational-facility lease, or other contract or lease executed by or for the association during declarant control may be cancelled and terminated during the 12 months following the expiration of control by the affirmative vote of unit owners holding a majority of the votes, unless a like majority already ratified it after control ended.
- Does § 44-3-101 protect a buyer of the declarant's interest at foreclosure?
- O.C.G.A. § 44-3-101(b) states that nothing in the Code section makes a successor to the declarant responsible or liable, by operation of law or through purchasing the declarant's interest at foreclosure, for any act, omission, or matter occurring before the successor succeeded to the declarant's interest.
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This is not legal advice. Consult Georgia community-association counsel for your specific situation.