Georgia -> annual meeting under developer declarant?

Started by PatrickH7 • 3 replies • 360 views

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PatrickH7 (Georgia)
Posts: 5

Posted:

Good afternoon. Can I get some clarification please? We are still under the developer as our community is still being built and don’t have a true BOD. Are they required to have an annual meeting? It is not listed in CC&R, but I thought I read this is a requirement of Georgia HOA rules. The developer wasn’t sure he needed to have one.
Thank you

AugustinD
Posts: 5,144

Posted:

Quote:

Posted By PatrickH7 on 12/31/2020 2:10 PM
Good afternoon. Can I get some clarification please? We are still under the developer as our community is still being built and don’t have a true BOD. Are they required to have an annual meeting? It is not listed in CC&R, but I thought I read this is a requirement of Georgia HOA rules. The developer wasn’t sure he needed to have one.
Thank you

For the archives, is this a condominium? Is this community incorporated?

The indications are solid to me that an annual meeting is required.

For non-condo HOAs, see https://casetext.com/statute/code-of-georgia/title-44-property/chapter-3-regulation-of-specialized-land-transactions/article-6-property-owners-associations/section-44-3-230-frequency-of-meetings-notice

For condos, see https://casetext.com/statute/code-of-georgia/title-44-property/chapter-3-regulation-of-specialized-land-transactions/article-3-condominiums/section-44-3-102-meetings-of-the-association-notice-reports

For nonprofit corporations, see https://casetext.com/statute/code-of-georgia/title-14-corporations-partnerships-and-associations/chapter-3-nonprofit-corporations/article-7-meetings/part-1-general-provisions/section-14-3-701-annual-meeting

PatrickH7 (Georgia)
Posts: 5

Posted:

Quote:

Posted By AugustinD on 12/31/2020 4:45 PM

Posted By ........For the archives, is this a condominium? Is this community incorporated?

Not positive about this question. I think LLC? I see this in the footnotes and the CC&R lists a llc:

THIS DECLARATION DOES NOT AND IS NOT INTENDED TO CREATE A CONDOMINIUM REGIME SUBJECT TO THE GEORGIA CONDOMINIUM ACT, O.C.G.A. g 44-3-70, et seq.
THTS DECLARATION DOES NOT AND IS NOT INTENDED TO SUBMIT THE PROPERTY TO THE TERMS OF THE GEORGIA PROPERTY OWNERS' ASSOCIATION ACT, O.C.G.A. g 44-3-220, et seq.

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