Georgia statute reference · O.C.G.A. § 44-3-221
§ 44-3-221 - Definitions
Section 44-3-221 supplies the vocabulary the rest of the POAA uses. Several definitions are load-bearing: the declaration is the document that must state the opt-in election under § 44-3-222, the lot and common area definitions set what is assessed and what the association maintains, and the court is the county superior court that hears the judicial proceedings the article references.
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 declaration is the central instrument. Section 44-3-221(6) defines it as the recordable instrument creating covenants administered by an association in which membership is mandatory for all owners of lots in the development. The instrument, under § 44-3-221(17), is broader: the declaration, plats, and plans recorded under the article, along with any simultaneously recorded exhibits, schedules, or certifications, and later conforming amendments. Many of the article's powers and limits turn on what the instrument provides.
The lot and common area definitions set the assessment base. Section 44-3-221(9) defines a lot as a separately owned plot on a recorded plat, subject to a declaration, and allows a condominium unit within a development to be deemed a separate lot to the extent the instrument provides. Section 44-3-221(2) defines common area as the real and personal property submitted to the declaration that the association owns or leases for common use.
Two definitions matter for collection. Section 44-3-221(4) defines court as the superior court of the county where the development sits, which is the forum for the article's judicial proceedings. Section 44-3-221(7) defines foreclosure generally to include both judicial foreclosure of a mortgage and the exercise of a power of sale in a mortgage. That general definition does not change the specific mechanism in § 44-3-232(c), which forecloses the assessment lien by an action, judgment, and court order.
Key definitions
Declaration and instrument
O.C.G.A. § 44-3-221(6), (17)- Declaration: recordable instrument creating mandatory-membership covenants
- Instrument: declaration, plats, plans, and conforming amendments
- Exhibits and certifications recorded with it are integral parts
Development and lot
O.C.G.A. § 44-3-221(9), (10), (18)- Development: real property with lots, subject to a declaration, submitted to the article
- Lot: separately owned plot on a recorded plat, other than common area
- A condominium unit may be deemed a lot to the extent the instrument provides
- Lot owner: the record title owner or owners of a lot
Common area and expenses
O.C.G.A. § 44-3-221(2), (3), (8)- Common area: property submitted to the declaration owned or leased for common use
- Limited common areas reserved for fewer than all lots
- Common expenses include lawful expenditures and instrument-based reserves
Court and foreclosure
O.C.G.A. § 44-3-221(4), (5), (7), (16)- Court: the superior court of the county where the development is located
- Foreclosure: judicial foreclosure and the exercise of a power of sale
- Association: a corporation formed to exercise the article's powers
- Declarant: the owners and lessees who execute the declaration
Key statutory text
Selected definitions, reproduced verbatim from the Official Code of Georgia Annotated. Confirm the current text at the Georgia General Assembly O.C.G.A. portal.
§ 44-3-221(6) - “Declaration”
“Declaration” means the recordable instrument creating covenants upon property which covenants are administered by a property owners’ association in which membership is mandatory for all owners of lots in the property owners’ development.
§ 44-3-221(7) - “Foreclosure”
“Foreclosure” means, without limitation, the judicial foreclosure of a mortgage and the exercise of a power of sale contained in any mortgage.
§ 44-3-221(4) - “Court”
“Court” means the superior court of the county where the development or any part thereof is located.
Common questions about § 44-3-221
- What is a declaration under the Georgia POAA?
- O.C.G.A. § 44-3-221(6) defines declaration as the recordable instrument creating covenants upon property, which covenants are administered by a property owners' association in which membership is mandatory for all owners of lots in the property owners' development. The declaration is the document that, under § 44-3-222, must state the affirmative election to be governed by the article.
- What is a lot under the Georgia POAA?
- O.C.G.A. § 44-3-221(9) defines lot as any plot or parcel of land, other than a common area, designated for separate ownership and occupancy shown on a recorded subdivision plat for a development and subject to a declaration. Where the context requires, the term includes any structure on the lot. For a development that includes a condominium, and to the extent the instrument provides, each condominium unit may be deemed a separate lot.
- How does the Georgia POAA define foreclosure?
- O.C.G.A. § 44-3-221(7) defines foreclosure to mean, without limitation, the judicial foreclosure of a mortgage and the exercise of a power of sale contained in any mortgage. This is a general definition of the term as used in the article. It is consistent with § 44-3-232(c), which provides that the association's assessment lien is foreclosed by an action, judgment, and court order - that is, judicially.
- Which court does the Georgia POAA refer to?
- O.C.G.A. § 44-3-221(4) defines court as the superior court of the county where the development or any part of it is located. That is the forum referenced when the article speaks of court proceedings.
- What are common expenses under the Georgia POAA?
- O.C.G.A. § 44-3-221(3) defines common expenses as all expenditures lawfully made or incurred by or on behalf of the association together with all funds lawfully assessed for the creation and maintenance of reserves pursuant to the provisions of the instrument. Reserves are therefore recognized as a common expense, but the article does not prescribe a reserve-funding schedule.
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This is not legal advice. Consult Georgia community-association counsel for your specific situation.