Georgia statute reference · O.C.G.A. § 44-3-71
§ 44-3-71 - Definitions
Section 44-3-71 defines the terms that the rest of the Georgia Condominium Act relies on. Reading a later section correctly often depends on these definitions, from what counts as a common element to who qualifies as a declarant and what the statute means by foreclosure.
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
The definitions are the lens for every other section. The association, under O.C.G.A. § 44-3-71(2), is a corporation formed to exercise the association's powers, and the board, under § 44-3-71(3), is the governing body the condominium instruments designate, by whatever name.
Property terms set the boundaries of ownership. Common elements, under § 44-3-71(4), are everything other than the units; a unit, under § 44-3-71(28), is a portion intended for independent ownership and use; and a limited common element, under § 44-3-71(19), is reserved for the exclusive use of some but not all units.
The document and party terms matter for procedure. Condominium instruments, under § 44-3-71(8), include the declaration, plats, plans, and recorded amendments. Declarant, under § 44-3-71(13), is defined with specific exclusions, and unit owner, under § 44-3-71(29), includes the declarant. The statute's own definition of foreclosure, in § 44-3-71(16), covers both judicial foreclosure of a mortgage and the exercise of a power of sale in a mortgage.
Key requirements
Governance terms
O.C.G.A. § 44-3-71(2), (3), (22)- Association: a corporation formed to exercise the association's powers
- Board of directors: the governing body designated in the condominium instruments
- Officer: an officer of the association
Property terms
O.C.G.A. § 44-3-71(4), (9), (19), (28)- Common elements: all portions of the condominium other than the units
- Unit: a portion intended for independent ownership and use
- Limited common element: reserved for some but not all units
- Condominium unit: a unit plus its undivided interest in common elements
Document and party terms
O.C.G.A. § 44-3-71(8), (13), (14), (29)- Condominium instruments: declaration, plats, plans, and recorded amendments
- Declaration: the recordable instrument required by § 44-3-77
- Declarant: owners and lessees who execute the declaration, with exclusions
- Unit owner: includes the declarant
Foreclosure and recording
O.C.G.A. § 44-3-71(12), (16), (26)- Foreclosure: judicial foreclosure of a mortgage and exercise of a power of sale in a mortgage
- Record: to file for record with the clerk of superior court
- Court: the superior court where the condominium is located
Key statutory text
Selected definitions, reproduced verbatim from the Official Code of Georgia Annotated. Full text at legis.ga.gov.
§ 44-3-71(4) - common elements
“Common elements” means all portions of the condominium other than the units.
§ 44-3-71(16) - foreclosure
“Foreclosure” means, without limitation, the judicial foreclosure of a mortgage and the exercise of a power of sale contained in any mortgage.
Common questions about § 44-3-71
- What is the association under the Georgia Condominium Act?
- O.C.G.A. § 44-3-71(2) defines association as a corporation formed for the purpose of exercising the powers of the association of any condominium created pursuant to the article. The same section, at § 44-3-71(3), defines the board of directors as the executive and administrative body designated in the condominium instruments as the governing body of the association.
- What are common elements in a Georgia condominium?
- O.C.G.A. § 44-3-71(4) defines common elements as all portions of the condominium other than the units. A limited common element, under § 44-3-71(19), is a portion of the common elements reserved for the exclusive use of those entitled to use one or more, but less than all, of the units.
- How does § 44-3-71 define foreclosure?
- O.C.G.A. § 44-3-71(16) defines foreclosure to mean, without limitation, the judicial foreclosure of a mortgage and the exercise of a power of sale contained in any mortgage. That definition describes mortgages generally; the association's assessment lien is enforced by judicial foreclosure under O.C.G.A. § 44-3-109(c).
- What are condominium instruments?
- O.C.G.A. § 44-3-71(8) defines condominium instruments as the declaration and plats and plans recorded pursuant to the article, along with any exhibit, schedule, certification, or amendment recorded with them. The declaration itself, under § 44-3-71(14), is the recordable instrument containing the matters required by O.C.G.A. § 44-3-77 and any lawful amendments.
- Who is a declarant and who is a unit owner?
- O.C.G.A. § 44-3-71(13) defines declarant as all owners and lessees of the property who execute the declaration or on whose behalf it is executed, with specific exclusions for mortgagees, lienholders, and certain contract and lease interests. O.C.G.A. § 44-3-71(29) defines unit owner as one or more persons, including the declarant, who own a condominium unit, or in a leasehold condominium hold the leasehold interest for the entire balance of the term.
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This is not legal advice. Consult Georgia community-association counsel for your specific situation.