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2006 Georgia Code - 44-3-101
44-3-101. (a) If provided for in the condominium
instruments and subject to any limitations contained in the
condominium instruments, the association´s articles of
incorporation, the association´s bylaws, or this article with
respect thereto, the declarant shall be authorized to appoint and
remove any member or members of the board of directors and any
officer or officers of the association. The declarant´s
authority to appoint and remove members of the board of directors
and officers of the association shall in no event extend beyond and
shall in all cases expire immediately upon the occurrence of any of
the following: (1) The
expiration of any time limit specified for such purpose in the
condominium instruments, which time limit may not be enlarged or
extended after the conveyance by the declarant of a condominium
unit without the express consent of all unit owners;
(2) Unless the declarant at that
time has an unexpired option to add additional property, the date
as of which units to which four-fifths of the undivided interests
in the common elements pertain shall have been conveyed by the
declarant to unit owners other than a person or persons
constituting the declarant; (3) The expiration of seven years after the
recording of the declaration in the case of an expandable
condominium or the expiration of three years after the recording of
the declaration in the case of any other type of condominium;
or (4) The surrender by the
declarant of the authority to appoint and remove members of the
board of directors and officers of the association by an express
amendment to the declaration which is executed and recorded by the
declarant. No formal or
written proxy or power of attorney need be required of the unit
owners to vest such authority to appoint and remove members of the
board of directors and officers of the association in the
declarant, the acceptance of a conveyance of a condominium unit
being wholly sufficient for such purpose. (b) Upon the expiration of the period of the
declarant´s right to control the association pursuant to
subsection (a) of this Code section, the right to control shall
automatically pass to the unit owners, including the declarant if
the declarant then owns one or more condominium units. The
declarant shall be jointly responsible and liable with the members
of the board of directors and the officers of the association to
the unit owners for ensuring that the books, records, and accounts
of the association are in proper order, that the association is in
good standing under the laws of this state, and that the affairs of
the association have been conducted in a prudent and businesslike
manner, all as of the date upon which the declarant´s right
to control the association expires. The declarant shall not be
insulated against liability to the unit owners because any act,
omission, or matter complained of during such period of control may
have been done, omitted, or permitted by or on behalf of the
association as a corporate entity. Nothing contained in this Code
section shall make any successor to the declarant responsible or
subject to liability by operation of law or through the purchase of
the declarant´s interest in the property or any part thereof
at foreclosure for any act, omission, or matter occurring or
arising from any act, omission, or matter occurring prior to the
time the successor succeeded to the interest of the
declarant. (c) In addition to
any right of termination set forth therein, any management
contract, any lease of recreational area or facilities, or any
other contract or lease executed by or on behalf of the association
during the period of the declarant´s right to control the
association pursuant to subsection (a) of this Code section shall
be subject to cancellation and termination at any time during the
12 months following the expiration of such control period by the
affirmative vote of the unit owners of units to which a majority of
the votes in the association pertain, unless the unit owners by a
like majority shall have theretofore, following the expiration of
such control period, expressly ratified and approved the
same.
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