Under what condition can owners in a GCA or POAA take control from the declarant?

In a Georgia Community Association (GCA) or Property Owners Association Act (POAA), owners can take control from the declarant when the declarant fails to fulfill certain responsibilities. This typically occurs after a specific time period defined in the governing documents or if the declarant neglects their duties related to the management and operation of the community.

The rationale behind this condition is that the declarant has initial control over the community, including the powers to make decisions and manage finances. However, if the declarant doesn't meet the obligations outlined in the governing documents or if they become non-compliant with statutory requirements, this can trigger a transition of control to the owners. This mechanism ensures that the community can take charge of its governance and hold the declarant accountable, thereby promoting the interests of the residents.

While the other choices may seem plausible, raising funds or voting in favor of a new board does not automatically translate to gaining control, nor does filing legal documentation alone. Instead, control transfers are fundamentally linked to the demonstrable performance or failure of the declarant in fulfilling their responsibilities.