Title 44, Chapter 3, Section 221
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.
(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. Where the context
indicates or requires, the term lot includes any structure on the
(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
(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 containing both lots and common area located within
Georgia and subject to a declaration and submitted to this