Definitions

As used in this article, the term: (1) ‘‘Board of directors’’ or ‘‘board’’ means an executive and administrative body, by whatever name denominated, designated in the instrument as the governing body of the association. (2) ‘‘Common area’’ means all real and personal property submitted to the declaration which is owned or leased by the association for common use and enjoyment of the members. 311 44-3-221 (3) ‘‘Common expenses’’ means 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. (4) ‘‘Court’’ means the superior court of the county where the development or any part thereof is located. (5) ‘‘Declarant’’ means all owners and lessees of the property who execute the declaration or on whose behalf the declaration is executed; provided, however, that the phrase ‘‘owners and lessees,’’ as used in this article, shall not include in his or her capacity as such any mortgagee, any lien holder, any person having an equitable interest under any contract for the sale or lease of a lot, or any lessee or tenant of a lot. From the time of the recordation of any amendment to the declaration expanding an expandable property owners’ development, all persons who execute that amendment or on whose behalf that amendment is executed shall also come within the definition of ‘‘declarant.’’ Any successors-in-title of any owner or lessee referred to in this paragraph who comes to stand in the same relation to the property owners’ development as his or her predecessor did shall also come within such definition. (6) ‘‘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. (7) ‘‘Foreclosure’’ means, without limitation, the judicial foreclosure of a mortgage and the exercise of a power of sale contained in any mortgage. (8) ‘‘Limited common areas’’ means a portion of the common area reserved for the exclusive use of those entitled to occupy one or more, but less than all, of the lots. (9) ‘‘Lot’’ means 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 indicates or requires, the term lot includes any structure on the lot. With respect to a property owners’ development which includes a condominium, and to the extent provided for in the instrument, each condominium unit, as defined in paragraph (28) of Code Section 44-3-71, shall be deemed a separate lot. (10) ‘‘Lot owner’’ means one or more persons who are record title owners of a lot. (11) ‘‘Mortgage’’ means a mortgage, deed to secure debt, deed of trust, or other instrument conveying a lien upon or security title to property. 312 44-3-223 (12) ‘‘Mortgagee’’ means the holder of a mortgage. (13) ‘‘Officer’’ means an officer of the association. (14) ‘‘Person’’ means a natural person, corporation, partnership, association, trust, other entity, or any combination thereof. (15) ‘‘Property’’ means any real property and any interest in real property, including, without limitation, parcels of air space. (16) ‘‘Property owners’ association’’ or ‘‘association’’ means a corporation formed for the purpose of exercising the powers of the property owners’ association created pursuant to this article. (17) ‘‘Property owners’ association instrument’’ or ‘‘instrument’’ means the declaration, plats, and plans recorded pursuant to this article. Any exhibit, schedule, or certification accompanying an instrument and recorded simultaneously therewith shall be deemed an integral part of that instrument. Any amendment or certification of any instrument shall, from the time of the recordation of such amendment or certification, be deemed an integral part of the affected instrument so long as such amendment or certification was made in accordance with this article. (18) ‘‘Property owners’ development’’ or ‘‘development’’ means real property which contains lots and which may contain common area located within Georgia and subject to a declaration and submitted to this article. (Code 1981, § 44-3-221, enacted by Ga. L. 1994, p. 1879, § 1; Ga. L. 2004, p. 560, § 8.) 44-3-222. Creation of property owners’ development; affirmative election to be governed by article. A property owners’ development shall come into existence upon either the recordation of the declaration pursuant to this article or the amendment of a recorded declaration in accordance with Code Section 44-3-235. Any declaration or amendment intending to bring or avail a development of the benefits and provisions of this article shall state an affirmative election to be so governed. Any original declaration shall be duly executed by or on behalf of all of the owners of the submitted property. Any such amendment to an existing declaration shall be executed in accordance with the terms of the recorded declaration being amended thereby. (Code 1981, § 44-3-222, enacted by Ga. L. 1994, p. 1879, § 1.) 44-3-223. Compliance with provisions of instrument and with rules and regulations; penalties for noncompliance. Every lot owner and all those entitled to occupy a lot shall comply with all lawful provisions of the property owners’ association instrument. In addition, any lot owner and all those entitled to occupy a lot shall comply with 313 44-3-224 any reasonable rules or regulations adopted by the association pursuant to the instrument which have been provided to the lot owners and with the lawful provisions of the bylaws of the association. Any lack of such compliance shall be grounds for an action to recover sums due, for damages or injunctive relief, or for any other remedy available at law or in equity, maintainable by the association or, in any proper case, by one or more aggrieved lot owners on their own behalf or as a class action. If and to the extent provided in the instrument, the association shall be empowered to impose and assess fines and suspend temporarily voting rights and the right of use of certain of the common areas and services paid for as a common expense in order to enforce such compliance; provided, however, that no such suspension shall deny any lot owner or occupants access to the lot owned or occupied. (Code 1981, § 44-3-223, enacted by Ga. L. 1994, p. 1879, § 1.)