Georgia Code
Chapter 40 - Real Estate Brokers and Salespersons
§ 43-40-1. Definitions

As used in this chapter, the term:
(2.1) “Brokerage agreement” means an express written contract wherein the client promises to pay the real estate broker a valuable consideration or agrees that the real estate broker may receive a valuable consideration from another in consideration of the broker’s producing a seller, buyer, tenant, or landlord ready, able, and willing to sell, buy, or rent the property or in consideration of the broker’s performing property management services or performing community association management services.
(4.1) “Community association” means an owner organization of a residential or mixed use common interest realty association in which membership is mandatory as an incident of ownership within the development, such as condominiums, cooperatives, homeowner associations, timeshares, lot division with restrictions in management, and other forms of common interest or planned developments wherein there is a common management.
(4.2) “Community association management services” means the provision, for a valuable consideration, to others of management or administrative services on, in, or to the operation of the affairs of a community association, including, but not limited to, collecting, controlling, or disbursing the funds; obtaining insurance, arranging for and coordinating maintenance to the association property; and otherwise overseeing the day-to-day operations of the association.
(4.3) “Community association manager” means a person who acts on behalf of a real estate broker in providing only community association management services.
(4.4) “Firm” means any business entity, including, but not limited to, a corporation, partnership, limited liability company, or sole proprietorship.
(5.1) “Ministerial acts” means those acts related to real estate brokerage activities which a licensee or a licensee’s employee performs and which do not require discretion or the exercise of the licensee’s own judgment.
History. Ga. L. 1925, p. 325, § 2; Ga. L. 1927, p. 307, §§ 21, 22; Ga. L. 1929, p. 316, § 29; Code 1933, § 84-1402; Ga. L. 1965, p. 629, § 2; Code 1933, § 84-1401, enacted by Ga. L. 1973, p. 100, § 1; Ga. L. 1974, p. 379, § 1; Ga. L. 1980, p. 1398, § 1; Ga. L. 1985, p. 360, § 1; Ga. L. 1990, p. 650, § 1; Ga. L. 1993, p. 123, § 49; Ga. L. 1995, p. 1216, § 3; Ga. L. 1996, p. 194, § 3; Ga. L. 2000, p. 1527, § 11; Ga. L. 2003, p. 370, § 7.

Structure Georgia Code