Georgia statute reference · O.C.G.A. § 44-3-231
§ 44-3-231 - Powers of the Association; Records
Section 44-3-231 enumerates the powers a POAA association may exercise, each subject to the instrument's prohibitions and limits, and pairs them with a record-keeping duty and the association's standing to sue and be sued. Most powers are exercisable by the board through its officers without a further owner vote, except where the article, the instrument, or the corporate documents require otherwise.
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 powers are broad but instrument-limited. Section 44-3-231(a) and (b) let the association employ and dismiss agents and employees, improve the common area, control exterior-appearance changes (directly or through an architectural control committee), grant and accept easements, leases, and licenses, acquire and lease property in its own name, borrow money, and pledge or mortgage its property for any lawful purpose within its powers. Each is exercisable except to the extent the instrument prohibits it and subject to the instrument's restrictions.
Third parties get a reliance rule. Section 44-3-231(b) provides that a third party dealing with the association may rely in good faith on a certified resolution of the board authorizing an act or transaction as conclusive evidence of the association's authority and of full compliance with any conditions on that authority. The association may also amend the instrument, articles, and bylaws to conform to mandatory provisions of the article or other law without an owner vote under § 44-3-231(c).
The record-keeping duty is specific. Section 44-3-231(d) requires detailed minutes of all member and board meetings, detailed and accurate financial records including itemized receipts and expenditures, and any books and records required by law or necessary to reflect accurately the association's affairs. This is the article's financial-records requirement; it does not by itself prescribe a reserve-funding schedule.
The association sues and is sued in its own name. Section 44-3-231(h) gives the association capacity, power, and standing to bring or defend proceedings concerning the lots or common area it administers, repairs, or maintains, and § 44-3-231(g) directs qualifying tort actions to be brought against the association, with a resulting judgment a lien against the association's assets. Whether to bring or defend any particular action is a matter for counsel.
Key requirements
Operational powers
O.C.G.A. § 44-3-231(a)- Employ, retain, dismiss, and replace agents and employees
- Make additional improvements on the common area
- Approve or withhold approval of exterior-appearance changes
- Provide for an architectural control committee
Property and financing powers
O.C.G.A. § 44-3-231(b)- Grant and accept easements, leases, and licenses
- Acquire and lease property in the association's name
- Borrow money and pledge or mortgage association property
- Third parties may rely on a certified board resolution
Record-keeping duty
O.C.G.A. § 44-3-231(d)- Detailed minutes of all member and board meetings
- Detailed, accurate financial records with itemized receipts and expenditures
- Any books and records required by law
- Records necessary to reflect the association's affairs accurately
Exercise of powers and standing
O.C.G.A. § 44-3-231(c), (f), (g), (h)- Board acts through officers, generally without a further owner vote
- Conforming amendments allowed without an owner vote
- Qualifying tort actions brought against the association
- Association has standing to sue and be sued in its own name
Key statutory text
Selected subsections, reproduced verbatim from the Official Code of Georgia Annotated. Confirm the current text at the Georgia General Assembly O.C.G.A. portal.
§ 44-3-231(d) - record-keeping duty
In addition to any other duties and responsibilities as this article or the instrument may impose, the association shall keep: (1) Detailed minutes of all meetings of the members of the association and of the board of directors; (2) Detailed and accurate financial records, including itemized records of all receipts and expenditures; and (3) Any books and records as may be required by law or be necessary to reflect accurately the affairs and activities of the association.
§ 44-3-231(c) - conforming amendments
The association shall have the power to amend the instrument, the articles of incorporation, and the bylaws of the association in such respects as may be required to conform to mandatory provisions of this article or of any other applicable law without a vote of the lot owners.
Common questions about § 44-3-231
- What powers does a Georgia POAA association have?
- Under O.C.G.A. § 44-3-231(a) and (b), except to the extent the instrument prohibits and subject to its restrictions, the association may employ and dismiss agents and employees, make additional improvements on the common area, grant or withhold approval of actions changing the exterior appearance of a lot or structure (or provide for an architectural control committee), grant and accept easements, leases, and licenses, acquire and lease property in its own name, borrow money, and pledge or mortgage association property for any lawful purpose within its powers.
- Can a Georgia POAA association control architectural changes?
- Yes, subject to the instrument. O.C.G.A. § 44-3-231(a)(3) gives the association power to grant or withhold approval of any action by one or more lot owners or others entitled to occupy a lot if the action would change the exterior appearance of a lot, a structure on it, or another portion of the development, or to elect or provide for an architectural control committee to grant or withhold that approval. As with the other powers, this is exercisable except to the extent the instrument prohibits it.
- What records must a Georgia POAA association keep?
- O.C.G.A. § 44-3-231(d) requires the association to keep detailed minutes of all meetings of the members and of the board of directors, detailed and accurate financial records including itemized records of all receipts and expenditures, and any books and records required by law or necessary to reflect accurately the affairs and activities of the association.
- Can a Georgia POAA association sue and be sued in its own name?
- Yes. O.C.G.A. § 44-3-231(h) gives the association the capacity, power, and standing to institute, intervene, prosecute, represent, or defend, in its own name, litigation or administrative or other proceedings concerning claims or matters relating to any portion of the lots or common area the association is responsible to administer, repair, or maintain. Section 44-3-231(g) also directs that tort actions based on negligence or willful misconduct by the association's agents or employees, or the condition of areas it must maintain, be brought against the association.
- Who exercises the association's powers under the Georgia POAA?
- O.C.G.A. § 44-3-231(f) provides that, except as expressly required otherwise by the article, by Chapter 2 or 3 of Title 14, by the instrument, by the articles of incorporation, or by the bylaws, the powers inherent in or expressly granted to the association may be exercised by the board of directors, acting through the officers, without further consent or action by the lot owners.
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This is not legal advice. Consult Georgia community-association counsel for your specific situation.