Declaration

 In Documents

DECLARATION OF CONDOMINIUM

FOR
GLENWOOD GREEN, A CONDOMINIUM

WEISSMAN, NOWACK, CURRY, & WlLCO, P.C.
Attorneys

Two Midtown Plaza, 1511, Floor 1349 West Peachtree Street Atlanta. Georgia 30309
(404) 885-9215

TA.BJ,E OF CONTENTS

I . NAME . -1-

2. DEFINITIONS ………………………………………………………………………………………. -1-

3. LOCATION, PROPERlY DESCRIPTION, PLATS AND PLANS…. … …. ………….. …….. .. -3- 4. UNITS AND OOlJNDARIES . …. ………………… ………. .. ………………………… ………….. -3- S. COMMON ELEMENTS …………………. …… ………………………. …………………. ………. -4- 6. LIMJTED COMMON ELEMENTS………………………………………………………………..-4-
7. ASSOCIATION MEMBERSHIP AND ALLOCATION OF VOTES ……………………………-5- 8. ALLOCATION OF LIABILllY FOR COMMON EXPENSES… .. ………… …… .. ………. ….. -6- 9. ASSOCIATION RIGHTS AND RESTRICTIONS ………………………………………………..-6- 1O. ASSESSMENTS .. …. .. ……. … ….. ….. …………… …. …….. …….. …… ……… ……………… .. -8- 11. INSURANCE………………………………………………………………………………………. -I 1- 12. REPAIR AND RECONSTRUCTION……………………………………………………………. -14- 13. ARCHITECTURAL CONTROLS ……………………………………………………………….. -15- 14 . USE RESTRICTIONS …………. ……………………. ……… …. .. .. ………. …………… …….. . -18- 15. LEASING ………………………………………………………………………………………….. -24- 16. SALE OF UNITS….. …….. …… ….. ……………………… ……… ……. .. ….. ………….. …… . -26- 17. MAINTENANCE RESPONSIBILITY …. ….. .. ….. .. .. ….. … … .. .. . …… ………. …. …. …. ….. -28- 18. PARTY WALLS AND FENCES JJ-
19 . MORTGAGEE’S RIGHTS ……………………………………………………………………….. -32-

20. GENERAL PROVISIONS …………………………. ……………. ….. ………………………….. -34-

21. EMINENT DOMAIN…….. ……….. .. …… ………….. ………… … ……………… ……………. -36-

22. EASEMENTS .. ………….. ……… ……………….. … ……. ………. ……. …. …. …… …… .. …… -36-

23. AMENDMENTS ………. …… ……………………….. ………………… ……. ……. …………… -38-

24. SEVERABILITY ………….. ………. .. ………………. .. ……… …….. …….. …. ………… …….. -40-

25. DECLARANT RIGHTS . ……….. .. …. .. ……… …….. ….. ………. …….. …. ……………… …. -40-

Table of Contents (continued)

26. EXPANSION OF THE CONDOMINIUM . -40-

27. PREPARER …. .. .. … …. ……………… ……. . ……………………………….. ………………….. -41-

DESCRIPTION OF SUBMITTED PROPERTY ”A”

UNDIVIDED PERCENTAGE INTEREST IN THE COMMON ELEMENTS AND
LIABILITIES FOR COMMON EXPENSES “B”

ADDITIONAL PROPERTY “C”

BYLAWS “D”

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STATE OF GEORGIA COUNTY OF FULTON

DECLARADQN OF CQNnQMINQTM

GLENW()Ql) GBE:EN, A CQNDQMINJITM

THIS DECLARATION is made on the date set forth below by 951 Development Associates, Ltd., a Florida limited partnership (hereinafter referred to as “Declarant”);

WITNESETH

WHEREAS, Declarant is the owner of the real property which is located in Fulton County, Georgia and is described in Exhibit “A” attached hereto and incorporated herein by this reference; and

WHEREAS, a plat of survey related to the Condominium prepered by Planners and Engineers Collaborative, Inc. dated () 3, ::Jez>/ and t amended on ULA- , was filed in Condominium Plat Book”””–+–‘ Page(s)/a3-,tb, Fulton County, Georgia Records; and

WHEREAS, floor plans relating to the do inium prepared by Niles Bolton Associates, Inc.
were filed in Condominium Floor Plan Book . Page(s) fb.lJ.b, of the Fulton County, Georgia Records; and

WHEREAS, Declarant desires to subject the real property described in Exhibit “A” hereto, including the improvements thereof, to the provisions of this Declaration and to the Georgia Condominium Act;

NOW, THEREFORE, Declarant hereby declares that the real property described in Exhibit “A” of this Declaration, including the improvements located thereon, is hereby submitted and made subject to the form of ownership set forth in the Georgia Condominium Act, and is hereby subjected to the provisions of this Declaration. By virtue of the recording of this Declaration, said property shall be held, sold, transferred, conveyed, used, occupied, and mortgaged or otherwise encumbered subject to provisions of the Georgia Condominium Act and the covenants, conditions, restrictions, easements, assessments, and liens set forth in this Declaration. which are for the purpose of protecting the value and desirability of, and which shall run with the title to, the real property subject to this Declaration, and shall be binding on all persons having any right, title or interest in all or any portion of the real property subject to this Declaration, their respective heirs, legal representatives, successors, successors-in-title and assigns, and shall be for the benefit of all owners of the property subject to this Declaration.

DECLARATION QF CONDOMINIUM

GLENWOODGRJRi-ACONDOMINIUM

1. NAME.

The name of the condominiwn is Glenwood Green, A Condominium (hereinafter sometimes called “Glenwood Green” or lhe •condominium”. as funher defined herein), which condominiwn is hereby submitted by Declarant to the Georgia Condominiwn Act, O.C.G.A. § 44-3-70, et WJ.. (1991 and Supp. 2000).

2. DEFINITIONS.

Generally, ten11S used in this Declaration, the Bylaws, and the Articles of Incorporation shall have their nonnal, generally accepted meanings or the meanings given in the Act or the Georgia Nonprofit Corporation Code. Unless the context otherwise requires, certain tenns used in this Declaration, the Bylaws, and the Articles of Incorporation shall be defined as follows:

(a) Act shall mean the Georgia Condominiwn Act, O.C.G.A. § 44-3-70, fi – (1991 and Supp. 2000), as such act may be amended from time to time.

(b) Additional Propeny shall mean that property described on Exhibit “C” attached hereto
and incorporated herein which may be submitted to the Condominiwn as provided in this Declaration.

(c) Architectural Control Committee or /\CC shall mean the committee established to exercise lhe architectural review powers set forth in Paragraph 13 hereof.

(d) Area of Common RgponsibiliJy aball mean and refer to the Common Elements, together with those areas, if any, which by the tenIJS of this Declaration or by contract or agreement with any other person or entity become the respomibility of the Association.

(e) Articles or Articles of lDCQrporation shall mean the Articles of Incorporation of Glenwood Green Condominiwn Association, Inc., which have been filed with the Secretary of State of the State of Georgia.

(f) Association shall mean Glenwood Green Condominium Association, Inc., a Georgia nonprofit corporation, its successors or assigns.

(g) Board or Board of Directors shall mean the body responsible for management and
operation of the Association.

(h) Bylaws shall mean the Bylaws of Glenwood Green Condominium Association, Inc., attached to this Declaration as Exhibit “D” and incorporated herein by this reference.

(i) CQ.mmon Elements shall mean those poniom of the property subject to this Declaration which are not included within the boundaries of a Unit, as more particularly described in this Declaration.

 

(j) Cnmmoo Expenses shall mean the expenses incurred or anticipated to be incurred by the Association for the general benefit of the Condominium, including, but not limited to, those expenses incurred for maintaining, repairing, replacing, and operating the Common Elements.

(k) Comronoity-Wide Standard shall mean the standard of conduct, maintenance, or other activity generally prevailing within the Condominium. Such standard may be more specifically determined by the Board of Directors and the Architectural Control Committee.

(I) Coodoroiuium shall mean all that property described in Exhibit “A” attached hereto and incorporated herein by this reference, submitted to the provisions of the Act by this Declaration and any property described on Exhibit “C” which is later submitted to the provisions of the Act and this Declaration. ·

(m) Condominium Instruments hall mean this Declaration and all exhibits to this Declaration, including the Bylaws of the Association, and the Survey and Floor Plans, all as may be supplemented or amended from time to time.

(n) Declaram viall mean 95 I Development Associates, Ltd., a Florida limited partnership, its respective successors and assigns and any other person or entity as further set forth in Section 44-3-71(13) of the Act. The expiration of Declarant’ s right to appoint and remove officers and directors of the Association pursuant to Article III, Section 2 of the Bylaws shall not terminate or alter the status of the above-referenced entity and its respective successors and assigns as the Declarant hereunder or divest the Declarant of other rights specifically reserved to the Dcclarant herein.

(o) Eligible Mortgage Holder hall mean those holders of first Mortgages secured by Units in the Condominium who have requested notice of cenain items as set forth in this Declaration.

(p) Floor Plans shall mean the floor plans for Glenwood Green, A Condominium, filed in the condominium file cabinet of the Fulton County, Georgia records.

(q) l ,imitcd Common Elements $hall rnean a portion of the Common Elements reserved for the exclusive use of those entitled to occupy one (1) or more, but less than all, Units, as more particularly set forth in this Declaration.

(r) Majoci means those eligible votes, Owners, or other group as the context may indicate totaling more than fifty percent (50%) of the total eligible number.

(s) Moct@age shall refer to any mortgage, deed to secure debt, deed of trust, or other transfer or conveyance for the purpose of securing the perfonnance of an obligation, including, but not limited to, a transfer or conveyance of fee title for such purpose.

(t) Mortgagee or Mortgage Holder !iha.11 mean the holder of any Mortgage.

(u) Occupant ‘>hall mean any Person staying overnight in a Unit for a total of more than thirty
(30) days, either consecutive or nonconsecutive, in any calendar year, regardless of whether such Person is a tenant or the Owner of such Unit.

(v) OwllCI: shall mean the record title holder of a Unit within the Condominium but shall not include a Person who is only a Mortgage holder. ‘

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(w) B:rson shall mean any individua corporation, firm, association, partnership, trust, or other legal entity.
(x) Sun£ey shall mean the plat of survey for Glenwood Green, A Condominium, filed in the condominium plat book of the Fulton County, Georgia records.

(y) llnit shall mean that portion of the Condominium intended for individual ownership and use as more particularly described in this Declaration and shall include the undivided ownership in the Common Elements assigned to the Unit by this Declaration.

3. l.QCATTQN, PRQPERTY DESCRJPTIQN, PT.ATS AND Pl.ANS.
The Condominium subject to this Declaration and the Act is located in Land Lot 46 of the 14th District of Fulton County, Georgia, being more particularly described in Exhibit “A” attached to this Declaration, which exhibit is specifically incorporated herein by this reference. The Survey and Floor Plans relating to the Condominium will be filed in the Fulton County, Georgia records at the time the Condominium property is submitted to this Declaration. The Survey and Floor Plans are incorporated herein by reference as fully as if the same were set forth in their entirety herein.

So long as Declarant owns a Unit, Declarant reserves the right, but shall have no obligation, to make improvements and changes to all or part of the Common Elements and the Units owned by Declarant (other than changes to the location of Unit boundaries unless expressly permitted herein), including, without limitation, addition and realignment of parking spaces, addition and reconfiguration of storage spaces, renovation and installation of changes to utility systems and facilities, rearrangement and installation of security and refuse facilities, work relating to building exteriors, and extension of the drives and utility lines and pipes located on the Condominium.
4. Irr;rrs AND BOUNDARIES
The Condominium will be divided into twelve (12) separate Units, Common Elements and Limited Common Elements. Each Unit consists of a dwelling and its appurtenant percentage of undivided interest in the Common Elements. Each Unit shall be conveyed as a separately designated and legally described freehold estate subject to the Act and the Condominium Instruments. The Units are depicted on the Survey and the Floor Plans. Each Unit includes that part of the structure which lies within the following boundaries:

(a) ertical Banodacies The perimetrical or vertical boundaries of each Unit shall be the centerline of the walls separating the Unit from the exterior walls of the building in which the Unit is located. With respect to common walls between Units, the perimetrical or vertical boundary of the Units served thereby shall be the centerline of such wall. The vertical boundaries shall include only that portion of the wallboard or other material comprising the wall of the Unit on the Unit side of such walls.

(b) Horizontal Boundaries There are no horizontal boundaries.

(c) Additional Information to Interpret IInit Boundaries Entry doors and exterior glass surfaces, including, but not limited to, windows and glass doors, serving the Unit shall be included within the boundaries of the Unit. Heating and air conditioning systems serving a single Unit (including any part of any such system located outside the boundaries of the Unit), all duct work for heating and air conditioning systems and appliances and plumbing fixtures within a Unit shall be part of the Unit.

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Jf any chutes, flues, ducts, conduits, wires, pipes or other apparatus lies partially within and panially outside of the designated boundaries of the Unit, any portion thereof which serves only that Unit shall be deemed to be a pan of that Unit, while any portions thereof which serve more than one (1) Unit or any portion of the Common Elements shall be deemed a part of the Common Elements.

In interpreting deeds and Floor Plam, the existing physical boundaries of a Unit as originally constructed or of a Unit recomtructed in substantial accordance with the original Floor Plans thereof shall be conclusively presumed to be its boundaries rather than the metes and bounds expressed in any deed or Floor Plan, regardless of settling or lateral movement of the building in which the Unit was located, and regardless of minor variance between the boundaries shown on the Floor Plans or in a deed and those of the Unit.

The ownership of each Unit shall include. and there shall pass with each Unit, whether or not separately described in the conveyance thereof, that percentage of the right, title and interest in the Common Elements attributable to such Unit, toaether with membership in the Association and an undivided interest in the funds and assets held by the Association.
s. COMMON ELEMENTS.
The Common Elements consists of all portions of the Condominium not located within the boundaries of a Unit. The Common Elements include, without limitation, certain utilities, fences, entry feature and lighting for same, paving, walls, retainina walls, exterior walls of the buildings, awnings, landscape areas, mail area, trash compactor, fitness facility and all equipment for same, swimming pool
and all equipment and furniture for same, club house and all furniture in same, all other lighting, personal property, equipment and furniture in any Common Element, except items located on any Limited Common Element.

Ownership of the Common Elements shall be by the Unit Owners as tenants-in-common. The percentage of undivided interest in and to the Common Elements attributable to each Unit is set forth on Exhibit “Bh attached hereto and incorporated herem by this reference. Such percentages of undivided interest may be altered only by the coment of all Owners and Mortgagees (or such lesser number of Owners and Mortgagees as may hereafter be pn,cnbed by the Act) expressed in a duly recorded amendment to this Declaration, except in the cue of expansion of the Condominium, as provided in
· • ,1, Paragraph 25 hereof, in which case the amemment may be approved and executed by Declarant without approval of the Owners or Mortgagees.

The Common Elements shall remain undivided, and no Owner nor any other person shall bring any action for partition or division of the whole or any part thereof except as provided in the Act. Except as provided for Limited Common Elements or u otherwise provided herein, each Owner and the Association may use the Common Elements for the puiposes for which they are intended, but no such use shall enter or encroach upon the lawful rights of the other Owners.
6. LIMITED COMMON ELEMENTS.
(a) The Limited Common Elements located on the Condominium and the Unit(s) to which
they are assigned are:

(i) any sidewalk or entry gate serving one (1) or more but less than all Units is assigned as a Limited Common Element to the Unit or Units so served·

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(ii) any portion of the sidewalk serving only one (I) Unit is assigned as a Limited Common Element to the Unit so served;

(iii) any stoop or landing serving one (I) or more, but less than all Units, as shown on the Floor Plans, is assigned as a Limited Common Element to the Unit or Units so served;

(iv) the driveway providing entry to the garage of each Unit is assigned as a Limited Common Element to the Unit so served (as to driveways which are adjacent to another Unit’s driveway the boundary line shall be the centerline of the double driveway);

(v) any deck, patio or porch attached to and serving only one (I) Unit is assigned as a Limited Common Element to the Unit so served;

(vi) any enclosed yard area as shown on the Floor Plans is assigned as a Limited Common Element to the adjoining Unit or Units that are served by such enclosed yard area;

(vii) any fencing that encloses a Limited Common Element yard area is assigned as a Limited Common Element to the Unit or Units served by such fencing;

(viii) the portion of the Common Elements on which there is located any portion of the air conditioning or heating system exclusively serving a particular Unit or Units is assigned as Limited Common Element to the Unit or Units so served;

(ix) any utility meter which serves only one (I) Unit is assigned as a Limited Common Element to the Unit so served; and

(x) each Unit is assigned one (I) mailbox or mail slot.

(b) The Association’s Board of Directors, without need for a membership vote, is hereby authorized to assign and to reassign Limited Common Elements and Common Elements not previously assigned, provided that any such assignment or reassignment shall be made in accordance with the provisions of Section 44-3-82(b) and (c) of the Act. A Common Element not previously assigned as a Limited Common Element may be so assigned and a Limited Common Element may be reassigned by the Board, without the need for a vote of the Association, upon written application to the Association by the Unit Owner or Owners for whose exclusive use such Common Element is requested or whose use of the Limited Common Element previously assigned is directly affected. Upon such application, the Association shall prepare and execute an amendment to the Declaration assigning the Common Element as a Limited Common Element or reassigning the Limited Common Element, which amendment shall be executed by the Owner or Owners making such application. Such amendment shall be delivered and become effective as provided in Section 44-3-82 of the Act. For so long as the Declarant owns a Unit
primarily for the purpose of sale, an amendment to assign a Common Element, not previously assigned as a Limited Common Element shall be executed by 1he officers of the Association, if the request is made by the Declarant. The Board has the right to approve or disapprove any such request made by any Person other than the Declarant.

7. ASSQCIAIION MFMRERSHJP AND AT J QCATIQN QE VOTES

All Unit Owners, by virtue of their ownership of a fee or undivided fee interest in any Unit in the Condominium, excluding Persons holding such interest under a Mortgage, are members of the Glenwood Green Condominium Association, Inc., and, except as otherwise provided herein or in the Bylaws shall be entitled to vote on all matters upon which members of the Association are entitled to vote purs ant to
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the Declaration and in accordance with the Bylaws. Subject to the provisions of the Condominium Instruments, the Owner or collective Owners of a Unit shall be entided to one (l) equally weighted vote for such Unit.
8. ALLOCATION OF LIABILITY FOR COMMON EXPENSES.
(a) Except as provided below, or elsewhere in the Act or Condominium Instruments, the amount of all Common Expenses shall be assessed against all the Units in accordance with the percentage of undivided interest in the Common Elements appurtenant to the Unit as set forth on Exhibit “B” attached hereto and incorpora herein by reference.

(b) The Board of Directors shall have the power to levy special assessments against Units pursuant to this Paragraph and to Section 44–3-SO(b) of the Act as, in its discretion, it shall deem appropriate. Failure of the Board of Directors to exercise its authority under this Paragraph shall not be grounds for any action against the Association or 1he Board of Directors and shall not constitute a waiver of the Board’s right to exercise its authority under this Paragraph in the future with respect to any expenses, including an expense for which the Board has not previously exercised its authority under this Paragraph.

(i) Any Common Expenses benefiting less than all of the Units or significantly disproportionately benefiting all Units shall be specially assessed equit.ably among all of the Units which are benefited according to the benefit received. Except for expenses for maintenance, repair or replacement of Limited Common Elements, which may be specially assessed, expenses incurred for the maintenance. repair or replacement of the Area of Common Responsibility, shall not be specially assessed.

(ii) Any Common Expenses occasioned by the conduct of less than all of those entitled to occupy all of the Units or by lhc Occupant(s), licensees or invitees of any such Unit or Units may be specially assessed against such Unit or Units.

9. ASSOCIATION RIGHTS AND RF.STRICDONS.
In addition to and not in limitation of all other rights it may have, the Association, acting through its Board of Directors, shall have the right and authority: · ·· ‘

(a) to enter into Units for maintenance, emergency, security, or safety purposes, which right may be exercised by the Association’s Board of Directors, officers, agents, employees, managers, and all police officers, firemen, ambulance personnel, and similar emergency personnel in the perfonnance of their respective duties. Except in an emergency situation, entry shall be only during reasonable hours and after reasonable notice to the Owner or Occupant of the Unit. For the purposes of this Paragraph, an emergency justifying immediate entry into a Unit shall include, but not be limited to the following situations: a water or other utility leak, fire, strong foul odor, obvious insect infestation or sounds indicating that a person or animal might be injured or sick and require immediate medical attention. No one exercising the rights granted in this subparagraph shall be liable for trespass, damages or in any other manner or by virtue of exercising such rights. 1be failure to exercise the rights herein or to e:itercise said rights in a timely manner shall not create liability to any of the above-referenced parties, it being agreed that no duty to enter a Unit shall exist;

(b) to make and to enforce reasonable rules and regulations governing the use of the Condominiwn, including the Units, Limited Common Elements and Common Elements;

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(c) to enforce use restrictions, Olher Declaration and Bylaws provisions, and rules and regulations by the imposition of reasonable monetary fines and suspension of use and voting privileges as provided in Section 44-3-76 of the Act, as amended;

(d) to grant and accept permits, licenses, utility easements, leases and other easements:

(e) to control, manage, operate, maintain, improve and replace all portions of the Area of Common Responsibility;
(t) to represent and act on behalf of the Units Owners in the event of damage or destruction as a result of casualty loss in accordance with the provisions of the Act and Paragraph 12 of this Declaration;
(g) to represent and act on behalf of the Unit Owners in the event of any loss resulting from condemnation or eminent domain in accordance with the provisions of the Act and Paragraph 21 of this Declaration

(h) to acquire, hold, and dispose of tangible and intangible personal property and real property;

(i) to collect security deposits in reasonable amounts, as determined by the Board of Directors in its sole discretion, to protect against any damage to the Condominium, including, without limitation, damage resulting from: moving in or out of a Unit: the transportation and use of construction materials in the Condominiwn; and the alteration, modification or addition to a Unit and any Limited Common Element appurtenant thereco. Costs for repair of such damage may be deducted from the security deposit and any additional expemes may be specifically assessed agaimt the Unit under Paragraph 8(b)(ii) above;

(j) to approve contractors or subcontractors who have access to the Condominiwn for the purpose of making repairs or improvements to Units based on rules and regulations promulgated and adopted by the Board which may include, without limitation: financial stability of the contractors and/or subcontractors; history of compliance with lhe Condominium Instruments and rules and regulations of the Association; and other factors that may be reflective of quality and ability. The Board may also impose insurance requil’ements and collect other non-refundable deposits for use of the trash receptacles;

(k) at the sole expense of the Association, without need for a membership vote, and without the consent of any affected Unit Owner, to relocate any portion of the air conditioning, heating, plumbing. ventilating, exhaust or electrical system serving a panicular Unit, provided that after such relocation, the system serving the Unit functiom at least as well and at no greater cost to the Unit Owner as existed prior to the relocation; and

(I) to close permanently or temporarily any portion of the Common Elements (excluding the Limited Common Elements, any Common Elements the use of which is reasonably necessary for access to or from a Unit, and any portion of the Common Elements over, on, upon or which the Declarant has an easement) with_thirty 30) da s prior notice to all Owners, except that, in emergency siruations requiring a temporary closmg, pnor notice shall not be required so long as notice is given within three (3) days after the closing explaining the reason for the closma. Notwithstanding the above, the Owners may re-open closed Common Elements by a majority vote of the total Association vote, cast at a duly called special or annual meeting.

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10. ASSFSSMENJS.
(a) Pumose of Assessment. The Association shall have the power to levy assessments as provided herein and in lhe Act. The assessments for Common Expenses provided for herein shall be used for the general purposes of promoting the recreation, health, safety, welfare, common benefit, and enjoyment of lhe Owners and Occupants of Units in lhe Condominium as may be more specifically authorized from time to thne by the Board.

(b) Creation of the Lien and Persoga) Obligation For Assessments. Each Owner of any Unit, by acceptance of a deed therefor, whether or not it shall be so expressed in such deed, is deemed to covenant and agree to pay to the Association: (i) annual assessments or charges; (ii) special assessments, such assessments to be established and collected as hereinafter provided; and (iii) specific assessments against any particular Unit which are established pursuant to the terms of this Declaration, including but not limited to reasonable fines imposed in accordance with the terms of this Declaration.

AH such assessments, together with charges, interest, costs. and reasonable attorney’s fees actually incurred, and if the Board so elects, rents, in the maximum amount permitted by the Act, shall be a charge on the Unit and shall be a continuing lien upon the Unit against which each assessment is made. Such amounts shall also be the personal obligation of the Person who was the Owner of such Unit at the time when the assessment fell due. Each Owner and his or her grantee shall be jointly and severally liable for all assessments and charges due and payable at tbe time of any conveyance.

Assessments shall be paid in such manner and on such dates as may be fixed by the Board of Directors; unless otherwise provided, the annual assessments shall be paid in equal monthly installments due on the first day of each calendar month. No Owner may exempt himself or herself from liability for or otherwise withhold payment of assessments for any reason whatsoever, including, but not limited to, nonusc of the Common Elements, the Association’s failure to perform its obligations required hereunder, or inconvenience or discomfort arising from the Association’s performance of its duties. The lien provided for herein shall have priority as provided in the Act.

(c) Delinquent Assessments. All assessments and related charges not paid on or before the due date shall be delinquent, and the Owner shall be in default.

(i) If any monthly installment of aMuah.ssessments or any part thereof is not paid in full by the tenth (10th) day of the month or if any other charge is not paid within ten (10) days of the due date, a late charge equal to the greater of Ten and No/100 Dollars ($10.00) or ten percent (10%) of the amount not paid, or such higher amounts as may be authorized by the Act, may be imposed without further notice or warning to the delinquent OWner and interest at the rate of ten percent (10%) per annum or such higher rate as may be permitted by the Act shall accrue from the due date.

(ii) If part payment of asse&mlents and related charges is made, the amount received may be applied first to costs and attorney’s fees, then to late charges, then to interest, then to delinquent assessments, and then to current assessments.

(iii) If aMemnents, fines or other charges or any pan thereof due from an Owner remain delinquent and unpaid for a period greater than fifteen (15) days from lhe date due. a noti of d linquency may be given to that Owner stating that if the assessment, fine or charge remams deh ent for more than ten (10) days from the date of the notice of delinquency, the anl of Directors may accelerate and declare immediately due all of that Owner’s unpaid mstallments of the aMual assessment and of any special assessment without any further notice
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being given to the delinquent Owner. Upon acceleration, that Owner shall thereby lose the privilege of paying the annual assessment in monthly imtalhnents for that fiscal year.

(iv) If assessments and other charges or any part thereof remain unpaid more than thirty (30) days after the assessment payments first become delinquent, the Association, acting through the Board of Directors, may institute suit to collect all amounts due pursuant to the provisions of the Declaration, the Bylaws, the Act and Georgia law, including reasonable attorneys’ fees actually incurred, and suspend the Owner’s and/or Occupant’s right to vote and the right to use the Common Elements; provided, however, the Board may not limit ingress or egress. Enforcement under this subparagraph is not dependent upon or related to other restrictions and/or other actions.

(v) If any assessment or other charge is delinquent for thirty (30) days or more, in addition to all other rights provided in the Act and herein, the Association shall have the right upon ten (10) days written notice, and in compliance with any requirements set forth in the Act, to suspend any utility or service, the cost of which are a Common Expense. including, but oot limited to, water, electricity, heat, air conditioning and cable television, to that Unit until such time as the delinquent assessments and all costs permitted under this Paragraph, including reason­ able attorney’s fees. are paid in full. Any costs incurred by the As.wciation in discontinuing and/or reconnecting any utility service, including reasonable attorney’s fees, shall be an assessment against the Unit.

Notwkhstanding the above, only the Board may suspend any utility or service paid for as a Common Expense but only after a final judgment or judgments in excess of a total of Seven Hundred Fifty and No/100 Dollars ($750.00), or such other amount as required by the Act, are obtained in favor of the Association from a court of competent jurisdiction, the Association provides the notice required to be provided by the instirutional provider of such service prior to suspension of such service, and the Association complies with any other requirements of Georgia law. A Unit Owner whose utility or service has been suspended shall not be entitled to use any such utility or service paid for as a Common Expense from any source and any such unauthorized use shall be coruiidered a theft of services under O.C.G.A. § 16-8-5. The utility or service shall not be required to be restored until all judsments are paid in full, at which time the Association shall direct the utility or service provider to restore the utility or service. Enforcement under this
, , ; tv • subparagraph is not dependent upon or related to other restrictions and/or other actions. – ·”

(d) Computation of Operating Budget and Assessment. It shall be the duty of the Board at least twenty-one (21) days prior to the n’s annual meeting to prepare and deliver to each member a budget covering the estimated costs of operating the Condominiwn during the coming year and a notice of the assessments to be levied against each Unit for the foJJowing year. The budget and the assessment shall become effective unless disapproved at a duly called and comtituted annual meeting of the Association by a vote of a majority of the toca1 Association vote; provided, however, if a quorum is not obtained at the annual meeting, the budget shall become effective even though a vote to disapprove the budget could not be called at this meeting.

Notwithstanding the foregoing, in the event that the membership disapproves the proposed budget or the Board fails for any reason so to determine the budget for the succeeding year, then and until such time as a budget shall have been detennined as provided herein, the budget in effect for the current year shall continue for the succeeding year. In such cue, the Board may propose a new budget at any time
du ing the year at a apecial meeting of the Auociation. The proposed budget and assessment shall be delivered to the members at least twenay (21) days prior to the proposed effective date thereof and at

Nm:SP123(1119363). Rq:4-4-1,14

1••············•·•■·1
least seven (1) days prior to the special meeting. The approval procedure set forth above for budgets considered at annual meetings shall also apply to budgets considered at special meetings.
(e) Special Assessments. In addition to the annual assessment provided for in subparagraph
(b) above, the Board may. at any time, and in addition to any other rights it may have, levy a special assessment agaimt all Owners, notice of which shall be sent to all Owners. Any special assessment (except as provided in Pangraph 8(b) regarding the power to assess specially pursuant to Section 44-3·80(b) of the Act and Paragraph 12(b) herein, regarding repair or recomtruction of casualty damage to or destruction of all or part of the Condomilwm) which would cause the average total of special assessments levied in one (1) fiscal year to exceed Two Hundred and No/100 Dollars ($200.00) per Unit, shall be approved by a majority of the total Association vote prior to becoming effective.
(f) Capital Reserve Budaet and Contqbution. After the expiration of the Declarant’s right to
appoint and remove officers and directors of the· Association, pursuant to Article m, Section 2 of the
Bylaws, the Board of Directors shall annually prepare a capital reserve budget which shall take into account the number and nature of replaceable auels, the expected life of each asset, and the expected repair or replacement cost. The Board shall set the required capital reserve contribution, if any, in an amount sufficient to pennit meeting the projected capital needs of the Association, as shown on the capital reserve budget, with respect both to amount and timing by equal annual assessments over the period of the budget. The annual capital reserve contribution required, if any, shall be fixed by the Board and included within the budget and assessment as provided in subparagraph (d) of this Paragraph. A copy of the capital reserve budget shall be distributed to each member in the same manner as the operating budget.

Notwithstanding any other provisiom of this Declaration, during the time the Declarant appoints the directors and officers of the Association pursuant to Article Ill, Section 2 of the Bylaws Declarant shall not be required to prepare a capital reserve budget, set any other capital reserve contribution, or otherwise collect amounts for capital reserves.
(g) Swement of Account. Any Owner, Mortgagee, or a Person having executed a contract for the purchase of a Unit, or a lender comidering a loan to be secured by a Unit, shall be entitled, upon written request, to a statement from the Assocw;ion setting forth the amount of assessments due and unpaid, including any late charges, interest, fines, or other charges agaimt a Unit. The Association shall respond in writing within five (5) days of receipt of the request for a statement; provided, however, the Association may require the payment of a fee, not exceeding Ten and No/100 Dollars ($10.00), or such higher amount as may be authorized by the Act, u a prerequisite to the issuance of such a statement. Such written statement shall be binding on the Association as to the amount of assessments due on the Unit as of the date specified therein.
(h) Sua,lus Funds and Common Profitt. Pursuant to Section 44-3-108 of the Act, common profits from whatever source shall be applied to die payment of Common Expenses. Any surplus funds remaining after the application of such common profits to the payment of Common Expenses shall, at the option of the Board of Directors, either be distributed to the owners or credited towards the next assessment chargeable to the Owners in proportion to the liability for Common Expenses attributable to each Unit, or added to the Association’s capital reserve account as set forth in (f) above.

(i) Workigg CapitaJ F und. The Declarant, on behalf of the Association, shall establish a working capital fund to meet unforeseen expenditures or to purchase any additional equipment or services. A non-refundable contribution to the working capital fund of the Association shall be collected from the initial purchaser of each Unit in the amount of two (2) months of the general assessment charged to such Unit. 1be Declarant shall not use the working capital funds to defray any of its expenses, reserve

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contributions, or construction costs or to make up any budget deficits while it is in control of the Association.

11. INSURANCE.

Toe Association shall obtain and maintain at all times, as a Common Expense, insurance as required by Section 44-3-107 of the Act, as amended, and as required herein. The .Association’s insurance policy shall cover any of the following types of property contained within a Unit, regardless of ownership:
(a) fixtures, improvements and alterations that are a pan of the building or structure; and (b) appliances, such as those used for refrigerating, ventilatina, cooking, dishwashing, lauooering, security or housekeeping. In the alternative, the iation’s insurance policy may exclude improvements and betterments made by the Unit Owner and may exclude the finished surfaces of perimeter and partition walls, floors, and ceilings within the Units (i.e.• pain[, wallpaper, paneling, other wall covering, tile, carpet and any floor covering; provided, however. floor covering does not mean unfinished hardwood or unfinished parquet flooring).

All insurance purchased by the Association pursuant to this Paragraph shall run to the benefit of the Association, the Board of Directors, officers, all agents and employees of the Association, the Unit Owners, and their respective Mortgagees, and all other persons entitled to occupy any Unit, as their interests may appear. Toe Association’s imurance policy may contain a reasonable deductible, and the amount thereof shall not be subtracted from the face amount of the policy in determining whether the imurance equals at least the replacement cost of the imured propeny.

The Board of Directors shall make available for review by Owners a copy of the Association’s insurance policy to allow OWners to assess their personal insurance needs and each Owner shall have the right to obtain additional coverage at his or her own expense.

All insurance coverage for the Association shall be written in the name of the Association llj trustee for itself, each of the Owners, and the Mortgagees of Owners, if any. It shall be the duty of the Board of Directors at least every two (2) years to conduct an insurance review to determine if the policy in force adequate to meet the needs of the Association and to satisfy the requirements of Section 44-3-107 of the Act, as amended. Such responsibility may be performed, and shall be deemed reasonably performed, by the Board requesting the Association’s imurance agent to verify that insurance policies in existence meet the needs of the Association and sati$fy the requirements of Scc;tion 44-3-107 of the Act, as amended.

(a) The Board of Directors shall utilize reasonable efforts to secure a blanket hazard insurance policy providing “all rislcft coverage in an amount equal to full replacement cost, before application of deductibles, of all improvements located on the Condominium. If “all risk” coverage is not reasonably available at reasonable cost, the Board aball obtain, at a minimum, fire and extended coverage, including coverage for vandalism and malicious mischief, in like amounts. The Board shall use reasonable efforts to obtain policies that will provide the following:

(i) the insurer waives its rights of subrogation of any claims against directors, officers, the managing agent, the individual Owners, Occupants, and their respective household members;

(ii) any •other imurance” clause contained in the master policy shall expressly exclude individual Unit Owners’ policies from its operation;

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(iii) until the expiration of thirty (30) days after the insurer gives notice in writing to the Mortgagee of any Unit, the Mortgagee’s insurance coverage will not be affected or jeopardized by any act or conduct of the Owner of such Unit, the other Unit Owners, the Board of Directors, or any of their agents, loyees, or household members, nor be canceled for nonpayment of premiums;

(iv) the master policy may not be canceled, substantially modified, or subjected to noJU”Cnewal without at least thirty (30) days prior notice in writing to the Board of Directors and all Mortgagees of Units;
(v) an agreed value endorsement am an inflation guard endorsement; and
(vi) the deductible amount per occurrence for coverage required by the Act shall not exceed One Thousand and No/100 Dollars ($1,000.00).

{b) All policies of insurance shall be written with a company licensed to do business in the State of Georgia. The company shall provide insunnce certificates to each Owner and each Mortgagee upon request.

(c) Exclusive authority to adjust 10&8CS under policies obtained by the Association shall be vested in the Association’s Board of Directors; provided, however, no Mortgagee having an interest in such losses may be prohibited from participating in the settlement negotiations, if any, related thereto.

(d) In no event shall the insurance coverage obtained and maintained by the Association hereunder be brought into contribution with insurance purchased by individual Unit Owners or their Mongagecs. Each Unit Owner shall notify the Board of Directors of all structural improvements made by the Unit Owner to his or her Unit. Any Unit Owner who obtains an individual insurance policy covering any portion of the Condominium, other than improvements and betterments made by such Owner at his or her expense and personal property belonging to such Owner. shall file a copy of such individual policy or policies with the Board of Directors within thirty (30) days after the purchase of such insurance. Such Owner shall also promptly notify, in writing, the Board of Directors in the event such policy is canceled.

(e)
Expense:

In addition to the insurance required hereinabove, the Board shall obtain as a Common

(i) worker’s compensation insurance if and to the extent necessary to meet the requirements of law:

(ii) public liability insurance in amounts no less than required by Section 44-3-107 of the Act, as amended, and officers’ and directors’ liability insurance in such amounts as the Board may determine. 1be public liability insurance shall contain a cross liability endor sement;

(iii) fidelity bonds, if reasonably available, covering officers, directors, employees, and other persons who handle or are respomible for handling Association funds. Such bonds, if reasonably available, shall be in an amount consistent with the best business judgment of the Board of Directors, but in no evem less than three (3) months assessments plus a reasonable amowu to cover all or a reasonable portion of reserve funds in the custody of the Association at any time during the term of the bond; provided, however, fidelity coverage herein required may be reduced based on the implementation of financial controls which take one or more of the following forms: (a) _the Association or management company. if any, maintains a separate bank account for the workmg account and the reserve account, each with appropriate access controls
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and the bank in which funds are deposited sends copies of the monthly bank statements directly to the Association; (b) the management company, if any, maintains separate records and bank accounts for each association that uses its services and the management company does not have the authority to draw checks on, or to tranafer funds from, the AMociation’s reserve account; or
(c) two members of the Board of Directors must sign any checks written on the reserve account; and
(iv) such other insurance as the Board of Directors may determine to be necessary.
(f) Insurance carried by the Association as a Common Expense shall not be required to include: (1) any pan of a Unit which is not depicted on the original Survey and Floor Plans; or (2) any part of a Unit that was not included as pan of the collateral for the initial loan made for the initial purchase of the Unit, nor shall the Association include public liability insurance for individual Owners for liability arising within the Unit.

(g) Nothing contained herein gives any Owner or other party a priority over any rights of first Mortgagees as to distribution of insurance proceeds. Any insurance proceeds payable to the Owner of a Unit on which there is a Mortgagee endorsement shall be disbursed jointly to such Unit Owner and the Mortgagee. This is a covenant for the benefit of any such Mortgagee and may be enforced by any such Mortgagee.
(h) Every Unit Owner shall be obligated to obtain and maintain at an times insurance covering those portions of his or her Unit to the e,ctent not insured by policies maintained by the Association. Upon request by the Board, the Unit Owner shall furnish a copy of such insurance policy or policies to the Association. In the event that any such Unit Owner fails to obtain insurance as required by this subparagraph, the Association may purchase such insurance on behalf of the Unit Owner and assess the cost thereof to the Unit Owner, to be collected in the manner provided for collection of assessments under Paragraph 10 hereof.

(i) Insurance Deductibles. In the event of an insured loss, any re.quired deductible shall be considered a maintenance e,cpense to be paid by the person or persons who would be responsible for such loss in the absence of insurance. If the loss affcds more than one (I) Unit or a Unit and the Common Elements, the cost of the deductible may be apponioned equitably by the Board among the parties suffedngJ9ss in proportion to each affected owner’s ponion of the total cost of repair. Notwithstanding
this, if the insurance policy provides that the d ble will apply to each Unit separately or to each
occurrence, each Unit Owner shall be responsible for paying the deductible pertaining to his or her Unit, if any. If any Owner or Owners fail to pay the deductible when required under this subparagraph, then the Association may pay the deductible and assess Che cost to the Owner or Owners pursuant to Paragraph 8 of this Declaration; provided, however, where the deductible is for insurance required under the Act, no Owner shall be assigned more than One Thouaand and No/100 Dollars ($1,000.00), or such higher amount as authorized by the Act, as the cost of the deductible for any one occurrence.

(j) hyment of Claims to DeJinguent Ownern. Notwithstanding anything to the contrary herein, in the event of an insured loss under the Auociation’s master hazard insurance policy for which the Association receives from the insurer payment for a loss sustained by an Owner who is delinquent in the payment of assessments owed to the Association under Paragraph 10 hereof, then the Association may retain and apply such proceeds to the delinquency. Any surplus remaining after application of the proceeds to any delinquency shall be paid by the iation to the affected Unit Owner.

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12. REPAIR AND RF.CONSTRUCTION.
In the event of damage to or destruction of all or any part of the Condominium as a result of fire or other casualty. unless eighty percent (80%) of cbe Unit Owners, including the Owner or Owners of any damaged Unit or Units, vote not to proceed with the reconstruction and repair of the strucrure, the Board of Directors or its duly authorized agent shall arrange for and supervise the prompt repair and restoration
of the structure. In the event of substantial damaae or destruction. each holder of a first Mortgage shall
be entitled to written notice of the damage, and nothing in these documents shall be construed to afford a priority to any Unit Owner with respect to the distribution of pr<>ceeds to any such Unit.
(a) Cost Estimates- Immediately after a tire or other casualty causing damage to the Condominium, the Board of Directors shall obtain reliable and detailed estimates of the cost of repairing and restoring the structures (including any damaged Unit) to substantially the condition which existed before such casualty, allowing for any changes or improvements necessitated by changes in applicable building codes. Such costs may also include professional fees and premiums for such bonds as the Board of Directors determines to be necessary.

(b) Source and Allocation of Proceed,,. If the proceeds of insurance are not sufficient to defray the estimated costs of recorutruction and rq,air, as determined by the Board of Directors, or if at any time during the reconstruction and repair or upon completion of reconstruction and repair the funds for the payment of the costs thereof are insufficient. the additional costs shall be assessed agaimt the Owners of the Unit(s) damaged in proponion to the damage to the Units or against all Owners. in the case of insufficient funds to cover damage to the Common Elements. This assessment shall not be considered a special asse ment as discussed in Paragraph lO(e). If after repair and reconstruction is cornpleled there is a surplus of funds, such funds shall be common funds of the Association to be used as directed by the Board of Directors.

(c) Floor Plans and Specifications. Any such reconstruction or repair shall be substantially in accordance with the Floor Plans and specifications under which the Condominium was originally con.mucled, except where changes are necessary to comply with current applicable building codes or where improwme1a not in accordance with the original Aoor Plans and specifications are approved by the Board of Diftcton. To the extent insurance proceeds are available, the Association may reconstruct or repair Owner improvemau damaged as a result of fire or other casualty.
(d) Encroachmc01§. Encroachments upon or in favor of Units which may be created as a result of such reconstruction or repair shall not coaatitute a claim or basis for any proceeding or action by the Unit Owner upon whose property such encroachment exists, provided that such reconstruction was subsaantially in accordance with the archlteclUral plans under which the Condominium was originally constructed. Such encroachments shall be allowed to continue in existence for so long as the reconstructed building shall stand.

(e) Construction Fund. The net proceeds of the insurance collected on account of a casualty and the funds collected by the Association from asseMments against Unit Owners on account of such casualty shall constitute a construction fund which shall be disbursed in payment of the cost of reconstruction and repair in the manner set forth in this Paragraph to be disbursed by the Aswciation in appropriate progress payments to such contractor(s). supplier(s), and personnel perfonning the work or supplying materials or services for the repair and recorutruction of the buildings as are designated by the Board of Directors.

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13. ARCHITECTURAL CONTROLS.
(a) During Declarant Control. During the time in which the Declarant has the right to appoint directors and officers of the Association under Article Ill, Section 2 of the Bylaws there shall be no Architecrural Control Committee and all encroachments onto the Common Elements or Limited Common Elements. exterior change, alteration or construction (including painting and landscaping), and any erection, placement or posting of any object, sign. clothesline, speaker, playground equipment, light, fountain. flag, or lhing on the exterior or roofs of the buildings, in any windows (except window treatments as provided herein). or on any Limited Common Elements or any Common Elements. must receive the prior written approval of the Declarant, However. a mezuzah or comparable religious symbol not larger than three inches (3″) in width and nine inches (9″) inheight may be posted on the door frame of the Unit and reasonable seasonal decorative ligJU8 may be displayed between Thanksgiving and January
is•. Granting or wilhholding such approval sbaD be within the sole discretion of the Declarant. All
references in the Condominium Instruments to the Architectural Control Committee or ACC shall refer to the Declarant during the period the Declarant has the right to appoint the officers and directors of the Association.
{b) After Declarant Control. After such time as the Declarant’s rights to appoint officers and directors of the Association as provided in Article III, Section 2 of the Bylaws has expired, an Architectural Control Committee shall be appointed by the Board of Directors and except for the Declarant, so long as the Declarant shall own a Unit for sale, no Owner, Occupant, or any other person may make any encroachment onto the Common Elements or Limited Common Elements, or make any exterior change. alteration. or construction (includlns painting and landscaping), nor erect, place or post any object, sign. clothesline, speaker, playground equipment, light, fountain, flag, or thing on the exterior or roofs of the buildings, in any windows (except window treabncnts as provided herein), on any Limited Common Elements, or on any other Common Elemenas, without first obtaining the written approval of the ACC. However. a mezuzah or comparable religious symbol not larger than three inches (3″) in width and nine inches (9″) in height may be posted on the door frame of the Unit and reasonable seasonal decorative lights may be displayed between Thanksgiving and January 15111 • The standard for approval of such improvements shall include, but not be limited to, aesthetic consideration, materials to be used, hannony with the external design of the existing buildings, Units and structures. the location in relation to surrounding structures and topography, and the impact of such approval, if any, on the increase or decrease of sounds and vibrations between the Units and between the Units and the Common Elements. Notwithstanding the above, Declarant shall not be required lo obtain any approvals under this Paragraph.
(c) Alteration of Units. Subject to the other provisions of this Declaration, alterations to the interiors of Units, relocation of the boundaries between adjoining Units, and subdivision of Units are subject to the following restrictions:

(i) Alterations to the Interiors Q{the Units. Except as provided herein, no Owner or Occupant may make any alteration with.in a Unit which involves connecting to Common Element pipes, lines, conduits and/or other apparatus for access to common utilities without prior written ACC approval (including, but not limited to installation of washers and dryers). Except as provided herein, no Owner or Occupant ahall make any interior modifications to or place an excessive load on any structural or load bearing ponions of a Unit without first obtaining the prior written approval of the ACC. Such approval shall not be granted by the ACC unless the Owner has presented to the ACC a report or drawing prepared by a licensed structural engineer showing that compemating measures will be taken to ensure the structural integrity of the Unit and the Condominium. All building code requiremcms must be complied with and necessary pennits and appr val secure<:f for _any modificat!ons. Notwithstanding the above, all Owners desiring to make any mtenor modifications or alterations to a Unit affecting the Common Elements or structure or

.D•e-t.d.B.oo.k.3.1.2.:.5•8.P•g ..2.51…

load bearing portions of a Unit must make application to the ACC as described below in order for the ACC to make the determination of whether the ACC’s approval is required.
Notwithstanding the above, if any Owner acquires an adjoining Unit, such Owner shall have the right (subject to the prior written approval of the Mortgagees of the Unics involved) to remove all or any part of any intel\’e’llina partition or to create doorways or other apenures therein, notwithstanding the fact that such partition may, in whole or part, be pan of the Common Elemerus, so long as no portion of any structural or Joad bearing portions of the Unit(s) are materially weakened or removed and the ACC has approved the plam described above and no portion of any Common Elements is damaged, destroyed or endangered, other than that partition and any chutes, flues, ducts, conduits, wires or other apparatus contained therein which shall be relocated by such Owner if such facilities serve any other pan of the Condominiwn. Notwithstanding the above, Declarant shall not be required to obtain any approvals under this Paragraph. The alterations pennined in this section shall not be deemed an alteration or relocation of boundaries between adjoining Units as defined in O.C.G.A. § 44-3-91.

(ii) Relpcation of BoutJlaries, Boundaries between adjoining Units shall not be relocated; provided, however, the Declarant shall have the right to relocate boundaries between Units owned by the Declarant without the approval of the Board of Directors, and the Board of Directors shall execute the required amendment to the Declaration.
(iii) Subdivision of Units. No Unit shall be subdivided into a smaller Unit or Units.
(d) Appljcatiom. Applications for approval of any such architectural modification shall be in writing and shall provide such infonnation as the ACC may reasonably require. The ACC shall be the sole arbiter of such application and may withhold approval for any reason, including purely aesthetic consideratiom, and it shall be entitled to stop any conmuction which is not in conformance with approved plans. The Board or ACC may publish written architectural standards for exterior and Common Element alterations or additiom, and any request in substantial compliance therewith shall be approved provided, however, each such requested change shall be in harmony with the external design of the existing buildings and Units and the location in relation to surrounding structures and topography of the vicinity.

In the event that the ACC fails to approve or to disapprove such application within forty.five (45) day 1after the application and all information as the ACC may reasonably require have been submitted, its approval will not be required and this Paragraph will be deemed complied with; provided, however, even if the requirements of this Paragraph are satisfied, nothing herein shall authorize anyone to construct or maintain any structure or improvement that is otherwise in violation of the Declaration, the Bylaws, or the rules and regulations.

(e) Encroachments omo Common Elemmts, The ACC subject to this Paragraph may pennit
Unit Owners to roake encroachments onto the Common Elements as it deems acceptable.

(f) Condition of Ap_proval. As a condition of approval for a requested architectural change, modification, addition, or alteration, an Owner, on behalf of himself or herself and his or her successors. in-interest, shall asswne all responsibilities for maintenance, repair, replacement and insurance of such change, modification, addition, or alteration, unless otherwise agreed to in writing by the ACC. It is the responsibility of every Owner of a condominium Unit to determine for himself or herself what architectural modifications have been made to bis or her Unit by any predecessor in-interest. In the discretion of the Board or ACC, an Owner may be made to verify such condition of approval by written instrument in recordable form acknowledged by such Owner on behalf of himself or herself and all successors-in-interest.
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(g) Llmitatjon of Liability. Review and approval of any application pursuant to this Paragraph is made on the basis of aesthetic comklerations only, and neither the Declarant, the Board of Directors or the ACC shall bear any respomibilky for ensuring the structural integrity or soundness of approved construction or modifications, or for cmuring compliance with building codes and other governmental requirements. Neither the Declarant, the Association, the Board of Directors, the ACC. or member of any of the foregoing shall be held liable for any injury, damages or loss arising out of the manner or quality of approved construction on or modifications to any Unit.
(h) No Waiver of Future ApJlroyals. F.ach Owner acknowledges that the members of the Board of Directors and ACC will change fiom time to time and that interpretation, application and enforcement of the architectural standards may vary accordingly. Each Owner funher acknowledges that the Board of Directors and ACC may adopt different architectural standards for different parts of the condominium, based on street visibility and location of the proposed modification in the building. The approval of either the Board of Directors or the ACC of any proposals, plans and specifications or drawings for any work done or proposed, or in connection with any other matter requiring the approval and consent of the Board of Directors, or the ACC shall not be deemed to constitute a waiver of any right to withhold approval or consent as to any similar proposals, plans and specifications, drawings, or matters whatever subsequently or additionally submitted for approval or consent.

(i) Enforcement. Any construction, alteration, or other work done in violation of this Paragraph shall be deemed to be nonconforming. Upon written request from the Board or the ACC, Owners shall, at their own cost and expense, remove such construction. alteration, or other work and shall restore the property to substantially the same condition as existed prior to the construction, alteration, or other work. Should an Owner fail to remove and restore as required hereunder, the Board or its dcsignees shall have the right to enter the property, remove the violation and restore the property to substantially the same condition as existed prior to the construction, alteration or other work. All costs thereof, including reasonable attorney’s fees, may be assessed against the benefited Unit and collected as an assessment pursuant to this Declaration.

In addition to the foregoing, the Board of Directors shall have the authority and standing, on behalf of the AJsociation, to impose reasonable fines and to pursue all legal and equitable remedies available to enforce the provisions of this Paragraph and its decisions. Furthermore, the Board shall have the authority to record in the Fulton County land records notices of violation of the provisions of this Paragraph. · ‘ :.•

If any Owner or Occupant makes any exterior change, alteration, or construction (including landscaping) upon the Common Elements or Limited Common Elements in violation of this Paragraph, he or she docs so at his or her sole risk and expense. The Board may require that the change, alteration or construction be removed or that it remain on the Common Elements or Limited Common Elements without reimbursement to the Owner or Occupant for any expense he or she may have ineurred in making the change, alteration or construction.

0) CoJ’JlJ11’ncement of Comtruction. All changes, modifications and improvements approved by the ACC hereunder must be commenced within one (1) year from the date of approval. If not commenced within one (1) year from the date of such approval, then such approval shall be deemed revoked by the ACC, unless the ACC gives a written extension for commencing the work. All work approved by the ACC hereunder shall be completed in its entirety within ninety (90) days from the date of commencement, unless otherwise agreed in writing by the ACC. All approved changes, modifications, and improvements must be completed in their entirety. An Owner may not construct only a ponion or pan of an approved change, modification, or improvement.

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14. USE RESTRICTIONS.
Each Owner of a Unit shall be responsible for ensuring that the Owner’s family, guests, tenants and Occupants comply with all provisions of the Corxlominium Instruments and the rules and regulations of the Association. Furthennore, each Owner and Occupant shall always endeavor to observe and promote the cooperative purposes for which the .Association was established. In addition to any rights the Association may have against the Owner’s family, guests, tenants or Occupants, as a result of such person’s violation of the Condominium lnsttwnents, the Association may take action under this Declaration against the Owner as if the Owner committed the violation in conjunction with the Owner’s family, guests, tenants or Occupants.

In addition to the following use restrictions, the Board of Directors may adopt rules and
regulations in accordance with the tenns hereof and as specified in the Bylaws.
(a) Use of Units. Each Unit shall be used for residential purposes only, and no trade or business of any kind may be conducted in or from a Unit or any part of the Condominium, except that the Owner or Occupant residing in a Unit may conduct ancillary business activities within the Unit so long as:

(i) the existence or operation of lhe business activity is not apparent or detectable by
sight, sound, or smell from outside of the Unit;

(ii) the business activity does not involve visiwion of the Unit by employees, clients, customers, suppliers or other business Invitees in greater volume than would normally be expected for guest visitation to a residential Unit without business activity;

(iii) the business activity ia lepl and confonns to all zoning requirements for the
Cordominium;

(iv) the business activity docs not increase traffic in the Condominium in excess of what would normally be expected for residential Units in the Condominium without business activity (other than by deliveries by couriers, express mail carriers, parcel delivery services and other such similar delivery services);

(v) ·.- e business activity does not increase the insurance premium paid by the Association or otherwise negatively affect the Association’s ability to obtain insurance coverage;

(vi) the business activity is consistent with the residential character of the Condominiwn and docs no, constitute a nuisance or a hazardous or offensive use, or threaten the security or safety of other residents of the Condominium, as dctennined in the Board’s discretion; and

(vli) the business activity does not result in a materially greater use of common clement facilities or Association services.

The tenns “busineM” and “trade,” as used herein, shall have their ordinary, generally accepted meanings, and shall include, without limitation, any occupation, work, or activity undertaken on an ong?ing basis w involv the p vision of goods or services to persons other than the provider’s family and for.which the .P V er receives _a fee, compensation, or other form of consideration, regardless of whelher: (t) such ICtiVily as en,aged m full or pan-time; (ii) such activity is intended to or does g a pro&; or (ii) a licenae required therefor. Notwithstanding the above. the use of a Unit by an on-sate mallllplllCllt -,a. operatmg on behalf of the Association shall not be considered a trade or

Nm:SP123(1119363), Rq:441,.23

Dtld Book 3 1258 Pg 254

business within the meaning of this paragraph. The Board of Directors shall have the sole discretion to determine what, if anything, is unreasonable about a particular business activity.
(b) Nwnber of Occypants. The maximwn number of occupants in a Unit shall be limited to two (2) people per bedroom in the Unit, (as such bedrooms are depicted on the original Survey and Floor Plans filed in the Fulton County, Georgia records). If an Owner of a Unit is a corporation, partnership, trust or other legal entity not being a natural penon, the entity shall designate in writing to the Board the name(s) of the person(s) who will occupy the Unit. The designated person(s) to occupy the Unit may not be changed more frequeruly than once every six (6) months.

(c) Outbuildipl§. No structure of a temporary character, trailer, tent, shack, carport, garage, barn or other outbuilding shall be erected by any Owner or Occupant, other than the Declarant, on any portion of the Condominiwn. at any time, either temporarily or permanently, without the prior written approval of the Board.
(d) Use of Common Elements lpclucJiDa Amenities. There shall be no obstruction of the Common Elements, nor shall anything be kept on, parked on, stored on or removed from any part of the Common Elemenls without the prior written CODSCnl of the Board, except as specifically provided herein. With prior written Board approval, and subject to any restrictiollli imposed by the Board, an Owner may reserve portions of the Common Elements for use for a period of time as set by the Board. Any such Owner who reserves a ponion of the Common Elements as provided herein shall asswne, on behalf of himself or herself and his or her guests, Occupants and family, all risks associated with the use of the Common Elements and all liability for any damage or injury to any person or thing as a result of such use. The Association shall not be liable for any damage or injury resulting from such use unless such damage or injury is caused solely by the willful acts or gr negligence of the Association, its agents or employees. There shall be no use of the roofs of the Condominiwn buildings by the Owners, their family members, guests, tenants, invitees, agents or contractors. The Association and its agents and contractors shall have access to the roofs for perfonning its maintenance and repair responsibility. There shall be no gardening or landscaping on the Common Elcmenas by Owners or Occupants without the prior written consent of the Board. No pets are allowed in any of the Common Elements except for the designated dog walk area, if any. ‘Ibis subparagraph shall not apply to the Declarant, so long as the Declarant shall own a Unit for sale.

(e) Use of Limited Common BJsraco1 Except as odierwise provided herein, the use of the Limited Common Elements assigned to the Unitl ia restricted exclusively to the Owners of the Unit to which such Limited Common Elements are assigned, and said Owner’s family members, guests, tenants and invitees. Toe Limited Common Elements arc reserved for exclusive use, but shall not be construed or interpreted to be separate and apan from the Common Elements in general, and the restrictions applicable to the Common Elements shall also apply to the Limited Common Elements. No objects other than potted plants and patio furniture shall be placed on a deck, patio or porch. This prohibition applies to objects such as, but not limited to, grills, wnbrellas, bicycles, laundry garments, towels and objects other than potted plants and patio furniture, except as may be authorized by the Board. Objects shall not be permitted to hang over or be attached to any exterior patio, porch or deck wall or to otherwise protrude outside of the vertical plane fonned by the exterior surface of the patio, porch or deck wall. Penetration of a patio, porch or deck wall or floor is prohibited. EnclOIUl’C of a deck, patio or porch shall be permitted only in accordance with Paragraph 13 hereof. As used herein, “enclosure” shall mean the permanent enclosure of a deck, patio or porch into the heated and cooled space within the boundaries of a Unit.

(f) Prohibition of Damage, Nuisance and Noise. Without the prior written consent of the Board of Directors, nothing shall be done or kept on the Condominium, or any part thereof, which would increase the rate of insurance on the Condominium or any Unit or part thereof, which would be in
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Nm:SP1 23(1119363), R.q:441,24

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violation of any statute, rule, ordinance, regulation, permit or other validly imposed requirements of any
governmental body, or which would increase the Common Expenses.
It is the nature of multi-family properties (of which this Condominium is a part) that dwelling Units are built in close proximity to one another (resulting in sharing of common walls, floors and ceilings) and noise is frequently audible from one Unit to the next no matter how much sound proofing is attempted. It is therefore mandatory, for the mutual interest and protection of all Owners, lessees and other Occupants within the Condominium, to recognize that acoustical privacy is achieved only through understanding and compliance with certain limitations and restrictions. It is recognized that sound insulation from an adjacent occupancy in a manner comparable to a single-family residence is impossible to attain and Owners and Occupants hereby acknowledge and accept that limitation. Owners and Occupants acknowledge that there will usually be some audio awareness of one’s neighbors. depending upon the situation.

Noxious, destructive or offensive activity shall not be carried on within the Condominium. No Owner or Occupant of a Unit may use or allow the use of the Unit or any portion of the Condominium at any time, in any way or for any purpose which may endanger the health, unreasonably annoy or disturb or cause embarrassment, or discomfort to other OWncrs or Occupants, or in such a way as to constitute, in the sole opinion of the Board of Directors, a nuisance. In addition, no Owner or Occupant of a Unit may use or allow the use of a Unit or the Common Elements in any manner which creates disturbing noises, including, without limitation, use of stereo spealcers or equipment that will in the sole discretion of the Board of Directors interfere with the rights, comfort or convenience of the other Owners or Occupants. Nothing herein, however, shall be construed to affect the rights of an aggrieved Owner to proceed individually for relief from interference with his or her property or personal rights.

No Owner, Occupant or agent of such Owner or Occupant shall do any work which, in the reasonable opinion of the Association’s Board of Directors or its designee, would jeopardize the soundness or safety of the Condominium or any structure created thereon, would reduce the value thereof, or would impair any easement or other interest in real property thereto, without in every such case the unanimous, prior written consent of all members of the Association and their Mortgagees.

No damage to or waste of the Common Elements, or any part thereof, shall be permitted by any Owner or member of his or her family or any invitee of any Owner. Each Owner shall indemnify and hold the Association and the other Owners harmless against all loss to the Associatioll’1or other Owners resulting from any such damage or waste caused by such Owner, members of his or her family, guests, invitees, or Occupants of his or her Unit.

(g) Firearms and Fir;works. lbc display or discharge of firearms or fireworks on the Common Elements or Limited Common Elements is prohibited; provided, however, that the display of lawful firearms on the Common Elements or Limited Common Elements is pennitted by law enforcement officers and also is permitted for the limited purpose of transporting the firearms across the Common Elements or Limited Common Elements to or from the Owner’s Unit. The term “firearms” includes “B-B” guns, pellet guns, and other firearms of all types, regardless of size. The term “fireworks” shall include those items as listed in O.C.G.A. § 25-10-1, as amended.

(h) – No Owner or Occupant may keep any pets other than a reasonable number of generally recogni7.ed household pets on any portion of the Condominium, as determined in the discretion of the Board.

No Owner or Occupant may keep, breed or maintain any pet for any commercial purpose. Pets may not be left unattended outdoors. No structure for the care, housing, or confinement of any pet shall
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be constructed or maintained on any part of the Common Elements, including Limited Common Elements. without prior written ACC approval. Dogs must be kept on a leash and be under the physical control of a responsible person at all times while outdoors, except that dogs need not be leashed within the enclosed yard area assigned to a Unit as a Limited Common Element when attended by a person. Pets shall not be permitted on a deck, patio or porch unless under the physical control of a respomible person. Feces left upon the Common Elements by dogs muse be removed by the owner of the dog or the person responsible for the dog.

No potbellied pigs, snakes, pit bulldogs, rotweillers, doberman pinchers, or other animals determined in the Board’s sole discretion to be dangerous may be brought onto or kept on the Condominium at any time. The Board may require that any pet which, in the Board’s opinion, endangers the health of any Owner or Occupant or creates a nuisance or unreasonable disrurbance. be permanently removed from the Condominium upon seven (7) days written notice. If the Owner or Occupant fails to do so. the Board may remove the pet. Any pet which, in the Board’s sole discretion, presents an immediate danger to the health. safety or property of any community member may be removed by the Board without prior notice to the pet’s owner.

Any Owner or Occupant who keeps or maintains any pet upon the Condominiwn shall be deemed to have agreed to irdmmify and hold the Association, its directors, officers, and agents free and harmless from any loss. claim or liability of any kind or character whatever arising by reason of keeping or maintaining such pet within the Condominhnn.

(i) ParJcipg. Vehicles pennitted under this subparagraph may be parked only in garages or on the Limited Common Element driveway assigned to each Unit. There shall be no parking on any other Common Elements or on the grassy areas within the Condominium.

Disabled and stored vehicles are prolubited from being parked on the Condominium, except in garages. For purposes hereof, a vehicle shall be considered “disabled” if it does not have a curren& Iicen.,e tag or is obviously inoperable. A vehicle shall be comidered “stored” if it remaim on the Condominium without being driven for fourteen (14) co ecutive days or longer without prior written Board permission.

Boats, trailers, panel trucks, buses, trucks with a load capacity of one (1) ton or more, vans (excluding mini•vans or,.;Jity vehicles used as passenger vehicles and receiving a “car” or “passenger vehicle” classification by the Georgia Department of Motor Vehicles), recreational vehicles (RV’s and motor homes), vehicles used primarily for commercial purposes, and vehicles with commercial writings on their exteriors other than Sherifrs, Marshall’s, or police officer’s vehicles marked as such, are also prohibited from being parked on the Condominium, except in garages and other areas which may be designated by the Board as parking areas for particular types of vehicles. Notwithstanding the above, trucks, vam, commercial vehicles and vehicles with commercial writings on their exteriors shall be allowed temporarily on the Common Elements during nonnal business hours for the purpose of serving any Unit or the Common Elements; provided, however, no such vehicle shall remain on the Common Elements overnight without written Board consent.

If any vehicle is parked on any portion of the Condominium in violation of this Paragraph or in violation of the Association’s rules and regulations. the Board or agent of the Association may place a notice on the vehicle specifying the nanire of the violation and stating that after twenty-four (24) hours the vehicle may be towed or booted. The notice shall include the name and telephone number of the person or entity that will do the towing or booting and the name and telephone number of a person to contact regarding the alleged violation. If twenty-four (24) hours after such notice is placed on the vehicle the violation continues or thereafter occurs again within six (6) months of such notice, the Board or agent of
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Nm:SP123(1119363). Rq:441.26

.D•ee.d .B.oo.k.3.1..2.5.8.•_g..2.S7•..,.

the Association may have the vehicle towed or booted in accordance with the notice, without further notice to the owner or user of the vehicle.

If a vehicle is parked in a fire lane, is blocking another vehicle or access to another Owner’s Unit or Limited Common Element driveway, is obstructing the flow of traffic, is parked on any grassy area, or otherwise creates a hazardous condition, no notice shall be required and the Board or agent of the Association may have the vehicle towed immediately. If a vehicle is towed in accordance with this subparagraph, neither the Association nor any officer or agent of the Association shall be liable to any person for any claim of damage as a result of the towing activity. Notwithstanding anything to the contrary herein, the Board may elect to impose fines or use other available sanctions, rather than exercise its authority IO tow or boot.
(j) Heating of Units in Colder Months. In order to prevent breakage of water pipes during colder months of the year resulting in damage to any portion of the Condominium, increased Common Expenses, and increased insurance premiums or cancellation of insurance policies due to numerous damage claims, the thermostats within the Units shall be maintained with the heat in an “on” position and at a minimum temperarure setting of fifty-five degrees (55°) Fahrenheit (except during power failures or periods when heating equipment is broken) whenever the temperature is forecasted to or does reach
thirty-two degrees (32°) Fahrenheit or below. Owners and Occupants of Units shalt take an steps possible
on a timely basis to keep heating equipment, including, but not limited to, the thennostat, in good working order and repair. The Board of Directors may fine any Owner or Occupant and/or may cause the water service to the violator’s Unit to be discontinued for violation of this subparagraph, in addition to any other remedies of the Association.

(k) Sjgm. Except as may be provided for herein or as may be required by legal proceedings, and .except for sigm which may be erected by Declarant related to the development and sale of Units, no signs, advertising posters, political placards or billboards of any kind shall be erected, placed, or permitted to remain on the Condominium without the prior written consent of the Board or its designee, except that one (1) professional security sign not lo exceed six inclles (6″) by six inches (6″) in size may be displayed from within a Unit, and one (I) professionally lettered “For Rent” or “For Sale” sign not to exceed two feet (2′) by two feet (2′) in size may be displayed from within a Unit being offered for sale or for lease. The Board shall have the right to erect reasonable and appropriate signs on behalf of the Association.
(1) Rubbish. Trash, and Garbage. All rubbish, trash, and garbage shall be regularly removed from the Unit and shall not be allowed to accumulate therein. No garbage or trash shall be placed on the Common Elements or Limited Common Elements outside the Unit, temporarily or otherwise, except in the trash dwnpster. Rubbish, trash, and garbage aball be disposed of in sealed bags and either placed in the trash dumpster, or proper receptacles designated by the Board for collection or removed from the Condominium.

(m) Unsighdy or Unkempt Conditions. The pursuit of hobbies or other activities, including, but not limited to the assembly and disassembly of motor vehicles and other mechanical devices, which might tend to cause disorderly, unsightly, or unkempt conditions, shall not be pursued or undertaken on any part of the Condominiwn. Clothing, bedding, rugs, mops, appliances, indoor furniture, and other household items shall not be placed or stored outside the Unit.

(n) Garage Sales. Garage sales, yard sales, flea markets, or similar activities are prohibited unless approved in writing by the Board of Directors.

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(o) Garages. No Owner or Occupant of a Unit that includes a garage shall park his or her car or other motor vehicle on any driveway or on any portion of the Condominiwn, other than in the garage. unless the maximum number of cars or similarly sized motor vehicles which can be parked in the garage according to its design capacity are already parked in said garage. Garage doors shall remain closed at all times. except when maintenance is being performed on the garage door or during the use, ingress, and egress of the garage. Garages may not be converted to permanent living space without complying with all zoning and other govemmemal ordinances and without obtaining the prior written coment of the ACC in accordance with Paragraph 13 hereof.

(p) Window Treatments. All windows in Units must have window treatments. The color of all window treatments visible from outside the Unit must be white or off-white. Bed sheets shall not be used as window treatments.
(q) Antennas and Satellite Dishq. Except as provided below. no satellite dish, antenna or other device for the transmission or reception of television signals, radio signals or any form of electromagnetic wave or radiation shall be erected. used or maintained on any portion of the Condominium, including the Unit or Limited Common Elem ents; provided, however, that the Association shall have the right to erect, construct and maintain such devices. The following shall apply to all Unit Owners:

(i) No transm1SS10n antenna, of any kind, may be erected anywhere on the Condominium, including the Units, without written approval of the Board of Directors or the Architectural Control Committee.

(ii) No direct broadcast satellite (DBS) antenna or multi-channel multi-point distribution service (MMDS) antenna larger than one meter in diameter shall be placed, allowed or maintained upon the Condominiwn, including the Units and lhe Limited Common Elements.

(iii) DBS and MMDS satellite dishes or antennas one (1) meter or less in diameter and television broadcast service antennas may only be installed in accordance with Federal Communication Commission (FCC) rules and the rules and regulations of the Association, both as may be amended from time to time.

In the event of a transfer of the Unit which inchutes a satellite dish or antenna, the Grantee shall assume all responsibility for the satellite dish or ante1ina and shall comply with this Declaration, the Bylaws and the rules and regulations regarding satellite dishes and antennas, including, but not limited to, those requirements relating to maintenance and removal of satellite dish or antenna.

(r) Grillin&. The use of outdoor grills in any portion of a Condominium building, including. without limitation, a deck, patio or porch shall be governed by state laws and local ordinances having jurisdiction over the Condominium property.
(s) Abandoned Personal Proj)eny. Personal property. other than vehicles as provided for in subparagraph (i) shall not be kept. or allowed to remain for more than twenty-four (24) hours upon any portion of the Common Elements, other than on a Limited Common Element, without prior written Board pe ion. If the Board determines that a violation exists, then, not less than two (2) days after written notice IS placed on the personal property and/or on 1he front door of the property owner’s Unit, if known, the may remove and eithe dis_card or store the personal property in a location which the Board may mune shall have no obhgatton to return, replace or reimburse the owner of the property. The notlce shall include the name and telephone number of the person or entity which will remove the property and the name and telephone nwnber of a person to contact regarding the alleged violation.

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,.D.e.tif.Bo.ok..3.1.2.5.8..9 2.5.9.,.

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The Board, in its discretion, may detennioe that an emergency situation exists and may exercise its removal rights hereunder without prior notice to the property owner; provided, however, in such case, the Board shall give the propeny owner, if known, notice of the removal of the propeny and the location of the propcny within three (3) days after the property is removed.
Neither the Association nor any officer or agent thereof shall be liable to any person for any claim of damage resulting from the removal activity in accordance herewith. The Board may elect to impose fines or use other available remedies, rather than e rcise its authority to remove property hereunder.

(t) Sale Period. Notwithstanding any provision contained in this Declaration to the contrary, during the period of the sale of the Condominiwn Units it shall be expressly permissible for Declarant, its contractors, agents, employees, assigns and repreaentatives, to maintain and carry on, upon such ponion of the Condominium as Declarant may deem necessary, such facilities and activities as in the sole opinion of Declaram may be reasonably required, convenient or incidental to the completion and sale of the Condominium Units, including, but without limitation, business offices, signs, model Units and sales offices. The right to maintain and carry on such facilities and activities shall include specifically the right to use the parking facilities on the Condominium for such purposes and to use the Units owned by Declarant as model Units and as offices for the sale of the Condominium Units and related activities.
15. LEASING.
In order to preserve the character of the Condominium as owner-occupied, and to comply with the eligibility requirements for financing in the secondary mortgage market, leasing of Units shall be governed by the restrictions imposed by this Paragraph. Except as provided herein, the leasing of Units shall be prohibited. •teasing: for the purposes of this Declaration, is defined as regular, exclusive occupancy of a Unit by any Person other than the Owner; provided, however, for the purposes of this Declaration, Leasing shall not include exclusive occupancy by the child or parent of an Owner. For purposes hereof, occupancy by a roommate of an Owner who occupies the Unit as such Owner’s primary residence shall not constitute leasing.

(a) General. Owners desiring to lease their Units may do so only if they have applied for and received from the Board of Directors a •hardship leasing pennit.” A hardship leasing permit, upon its issuance, will allow an Owner to lease his or her Unit provided that such leasing is in strict accordance with the terms of said hardship leasina permit and this Paragraph. The Board of Director,;.s shall have the authority to establish conditions u to the duration and use of a hardship leasing permit consistent with this Paragraph. All hardship lcuing permits shall be valid only as to a specific Unit
Owner and Unit and shall not be transferable between either Units or Unit Owners (including a subsequent Owner of a Unit where a hardship leuma permit was issued to the Owner’s predecessor in title).

(b) Hardship Lcasin& Permits. If the failure to lease will result in a hardship, the Owner may seek to lease on a _hardship basis by applying to the Board of Directors for a hardship leasing pennit. Notwithstanding the foregoing, the Board of Direclors shall not be authorized to issue hardship leasing permits for more than twenty-five percent (25%) of the total nwnber of Units of the Condominiwn at the same time. The Board of Directors shall have the authority to issue or deny requests for hardship leasing pennits in its discretion after considering the following factors: (1) the nature, degree, and likely duration of the hardship, (2) the harm, if any, which will result to the Condominiwn if the hardship leasing permit is approved, (3) the number of hardship leasing permits which have been issued to other Owners, (4) the Owner’s ability to cure the hardship, and (5) whether previous hardship leasing pennits have been issued t th Owner. A hardship” as described herein shall include, but not be limited to, the following s1tuat1ons: (1) a Urut Owner must relocate bis or her residence outside the greater Atlanta metropolitan
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area and cannot, within six (6) months from the date that the Unit was placed on the market, sell the Unit except at a price below the current appraised market value, after having made reasonable efforts to do so;
(2) where the Owner dies and the Unit is being administered by his or her cstatei and (3) the Owner takes a leave of absence or temporarily relocates and intends to return to reside in the Unit. Hardship leasing permits shall be valid for a term not to exceed one (1) year. Owners may apply for additional hardship leasing permits.
(c) Leasing Provisions. Leasing which is authorized, pursuant to a hardship leasing permit, hereunder shall be governed by the following provisions:

{i) – At least seven (7) days prior to entering into the lease of a Unit, the Owner shall provide the Board with a copy of the proposed lease agreement. The Board shall approve or disapprove the form of said lease. In the event a lease is disapproved, the Board shall notify the Owner of the requisite action to be taken in order to bring the lease in compliance with the Declaration and any rules and regulations adopted pursuant thereto.
(ii) General. Units may be leased only in their entirety; no fraction or portion may be leased without prior written Board approval. AU leases shall be in writing and in a form approved by the Board prior to the effective date of the lease. The Board may maintain and, upon request, provide a form which is deemed acceptable. There shall be no subleasing of Units or assignment of leases without prior written Board approval. All leases mu.st be for an initial term of not less than one (1) year, except with written Board approval, which shall not be unreasonably withheld in cases of undue hardship. Within ten (10) days after executing a lease agreement for the lease of a Unit, the Owner shall provide the Board with a copy of the lease and the name of the !es.see and all other people occupying the Unit. The Owner must provide the lessee copies of the Declaration, Bylaws, and the rules and regulations. Nothing herein shall be construed as giving the Association the right to approve or disapprove a proposed lessee; the Board’s approval or disapproval shall be limited to the fonn of the proposed lease.

(ill) Liability for Asscssmenta; Use of Common Elements, and Compljance with Declaration, Bylaws, and Rules and Regulations. Each Owner covenants and agrees that any lease of a Unit shall contain the following language and agrees that if such language is not
expressly contained therein, then such laJliuage shall be incorporated into the lease by existence of this covenant, and the lessee;..lfy occupancy of the Unit, agrees to the applicability of this covenant and incorporation of the following language into the lease:

(a) Compliance with Declaration, Bylaws. and· Rules and Regulations. The lessee shall comply with all provisions of the Declaration, Bylaws, and rules and regulations adopted pursuant thereto and shall control the conduct of all other Occupants and guests of the leased Unit in order to ensure such compliance. The Owner shall cause all Occupants of his or her Unit to comply with the Declaration, Bylaws, and the rules and regulations adopted pursuant thereto, and shall be responsible for all violations by such Occupants, notwithstanding the fact that such Occupants of the Unit are fully liable
and may be sanctioned for any such violation. If the lessee, or a person living with the lessee, violates the Declaration, Bylaws, or a rule or regulation for which a tine is imposed, notice of the violation sba1I be given to the Owner and the lessee, and such fine may be assessed againm the lessee in accordance with Article V of the Bylaws. If the fine is not paid by the lessee within the time period set by the Board, the Owner shall pay the fme upon notice from the Association of the lessee’s failure to pay the fine. Unpaid fines shall constimte a lien against the Unit.

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Oe,cf’Boak 31258 Pg 261

Any violation of the Declaration, Bylaws, or rules and regulations adopted pursuant thereto by the lessee, any Occupant, or any guest of lessee, is deemed to be a default under the temJS of the lease and authorizes the Owner to tenninate the lease without liability and to evict the leaee in accordance with Georgia law. The Owner hereby delegates and assigns to the Association, acting through the Board, the power and authority of enforcement against the lessee for breaches resulting from the violation of the Declaration, Bylaws, and the rules and regulations adopted pursuant thereto, including the power and authority to evict the lessee as attorney-in-fact on behalf and for the benefit of the Owner, in accordance with the tenns hereof. If the Association proceeds to evict the lessee, any costs, including reasonable attorney’s fees actually incurred and court costs associated with the eviction shall be an assessment and lien against the Unit.

(b) Use of Common Elements. The Owner transfers and assigns to the lessee, for the tenn of the lease, any and all rights and privileges that the Owner has to use the Common Elements, including but not limited to, the use of any and all recreational facilities and other amenities.

(c) Liability for Asgments. When a Unit Owner who is leasing his or her Unit fails to pay any annual or special assessment or any other charge for a period of more than thirty (30) days after it is due and payable, then the delinquent Owner hereby consents to the assignment of any rent received from the lessee during the period of delinquency, and, upon request by the Board, lessee shall pay to the Association all wipaid annual and special assessments and other charges payable during and prior to the tenn of the lease and any other period of occupancy by lessee. However, lessee need not make such payments to the Association in excess of, or prior to the due dates for, monthly rental payments unpaid at the time of the Board’s request. All such payments made by lessee shall reduce, by the same amount, lessee’s obligation to make monthly rental payments to l or. If lessee fails to comply with the Board’s request to pay assessments or other charges. lessee shall pay to the Association all amounts authorize4 under the Declaration as if Jessee were an Owner. The above provision shall not bt construed to releue the Owner from any obligation, including the obligation for assessments, for which he or she would otherwise be responsible.

(d) AP,plicability of this Paragraph. NotwithstandiR§’ the above, this Paragraph shall not apply to any leasing transaction entered into by the Declarant (regardless of whether said lease is entered into prior to or aftef the expiration of the Declarant’s right to appoint and remove officers and directors of the Association pursuant to Article III, Section 2 of the Bylaws), the Association, or the holder of any first Mortgage on a Unit who becomes the Owner of a Unit through foreclosure or any other means pursuant to the satisfaction of the indebtedness secured by such Mortgage. Such parties shall be permitted to lease a Unit without first obtaining a hardship leasing permit in accordance with this Paragraph, and such Units shall not considered as being leased in determining the maximum number of Units that may be leased in accordance with this Paragraph.

16. SALE OF UNITS.

(a) Right of First Refusal. In order to assure a community of congenial owner-occupants and thus protecting the value of the Units of the Condominium, the sale or transfer of a Unit by any Owner shall be subject to the following provision., for so long as: (i) such Unit is owned in accordance with the terms and conditions of this Declaration and the Georgia Condominiwn Act; and (ii) the Declarant owns a Unit at the Condominium primarily for the purpose of sale.

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(b) Notjce to Declarant of Transfers. Whenever a Unit Owner shall propose to sell, give, or otherwise transfer ownership of a Unit, or any interest therein, to any Person, said Unit Owner shall give the Declarant not less than thirty (30) days prior written notice of the proposed transfer. Such notice shall be in writing and shall be delivered either by personally delivering it by hand or Federal Express or similar courier service to the Declarant or by depositing it with the United States Postal Service, certified mail, return receipt requested, with adequate postage prepaid, addressed to Declarant at the address set forth below:

951 Development Associates, Ltd. c/o Kevin R. Moats
450 Piedmont Avenue
Atlanta, Georgia 30308

Such notice shall be deemed delivered at the time of personal delivery or, if mailed, when it is deposited as provided above, but the time period in which a response to any such notice must be given or any action taken with respect thereto shall commence to run ftom the date it is personally delivered or, if mailed, the date of receipt of the notice by the addressee thereof, as evidenced by the return receipt. The notice shall briefly describe the type of transfer proposed by the Unit Owner and shall state the name, address and financial and character references of the proposed transferee. In addition, the notice shall also include a copy of the proposed contract for sale or other documents, if any, effecting said transfer.

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(c) Declarant’s First 9.ption.

(i) If a Proposed Transfer jsa Sale. If a Unit Owner proposes to sell a Unit, or any interest therein, to any Person, the Declarant shall have the first right, at its option, to purchase such Unit, or interest therein, from said Unit Owner (the “transferring party”) upon the same tenns as set forth in that certain purchase agreement by which the transferring party originally purchased such Unit. Declarant’s option and first right shall expire thirty (30) days after written notice from Unit Owner is received by the Declarant.
(ii) If Proposed Transfer js a Gift. If a Unit Owner proposes to make a gift of a Unit, or any interest therein, to any Person, the Declarant shall have the first right, at its option, to purchase such Unit, or interest therein, from said Unit Owner (the “transferring party”) upon the same tenns as set forth in that certain purchase agreement by which the transferring,,party originally purchased such Unit. Declarant’s option and first right shall expire thirty (30) days after wrinen notice from Unit Owner is received by the Declarant.
(d) Election Not to Exercise First Option.
(i) The Declarant shall have the right to elect not to exercise the Declarant’s first option hereunder, and shall promptly give written notice of such election to the transferring party. The Declarant shall be deemed to have elected not to exercise its first option if either: (A) the Declarant notifies the transferring party that it has elected not to exercise its option; or (B) the Decl rant fails to_ notify the transferring party, before expiration of the applicable option period provided for herem, that the Declarant elects to exercise its option.

(ii) . If the °’:clarant el cts not to exercise its first option, in the case of a proposed e, lease or gift of a Umt, or any mterest therein, the transferring party may proceed to close sa,d proposed transfer any time within sixty (60) days after said election. Thereafter the transfer
of e Unit, o any interest therein, shall become again subject to the Declarant’s ight of first optton, as herem provided.

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Nm:SF’123(1119363), Rq:44-1.32

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Du-d Book 31258 Pg 263
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(iii) If the Declarant elects not to exercise or fails within the required time period to exercise its first option then, upon request, a certificate in recordable fonn executed by any duly authorized represemative of the Declaraot, certifying that the Declarant has not exercised its first option, shall be issued to the transferring party and shall be conclusive evidence of such election and of a Unit Owner’s compliance with die provisions hereof. The transferring party may be charged a fee not to exceed $25.00 as a prerequisite to issuing such a statement.
(e) Election to Exercise First Option. The Dcclarant shall be deemed to have exercised its option herewtder if, within the applicable option period, the Declarant notifies the transferring party of its election to exercise said option. UnleM Declarm and the transferring party shall agree otherwise, the Declarant shall tender Che required sum of money to the transferring pany and the subject transaction shall be closed not later than thiny (30) days after the Declarant gives such notice to the transferring party of Declarant’s election to exercise its first right to purchase said Unit in accordance with this Paragraph 16, and the transferring party shall convey good and marketable title to said Unit. Good and marketable tit]e as used herein shall mean title which a title insurance company licensed to do business in Georgia will insure at its regular rates, subject only to standard exceptions.

(t) J]nauthorir,ed Transfer Is YoUl@ble. Any sale or other transfer for which authorbation has not been obtained punuant to this Paragraph 16 is voidable and may be voided by the Declarant recording a certificate voiding the sale or transfer in the Fulton County, Georgia Records.
(g) Inapplicability to As.wciation, Holders of First Mortgages and Related Persons. This Paragraph shall not apply to any transaction entered into by the Declarant, by the Association or by the holder of any first Mortgage who becomes the Owner of a Unit through foreclosure, a deed in Jieu thereof, or any other means pursuant to such Mortgage. In addition, this Paragraph shall not apply to a transfer of part or all of an Owner’s interest to: (i) members of an individual Owner’s immediate family (parents, children or spouse); (ii) a trust or similar fiduciary entity established by an individual Owner for the benefit of said Owner’s family or any member thereof, including the Owner; or (iii) a successor partnership, corporation, company or other busineM entity created by an Owner which in its sole discretion may be in the best interest of said Owner for business purposes, provided that at least fifty (50%) percent of the voting power of such entity must be retained by the original Owner.

17:., MAINTENANCE RESPONSIBILITY.
(a) By the Owner. Each Owner shall have the obligation to maintain and keep in good repair all portions of his or her Unit and all Limited Common Elements assigned to the Unit except any portion of a Unit and/or Limited Common Element which is expressly made the maintenance obligation of the Association as set forth in subparagraph (b) below. This maintenance responsibility shall include, but not be limited to the following: all glass surfaces (including exterior cleaning), windows, window frames (except for periodic painting, staining and/or cleaning of the exterior window frames), casings and locks (including caulking of windows); all doors, doorways, door frames, and hardware that are part of the entry system of the Unit (except for periodic painting, staining and/or cleaning of the exterior surface of ntry doors and door frames of the Condominium); all portions of the heating and air conditioning system, mcluding the air conditioning compressor and the fan coil serving the Unit; and an pipes, lines, ducts, conduits, or other apparatus which serve only the Unit, whether located within or without a Unit’s
boundaries (including all electricity, water, sewer, or air conditioning pipes, lines, ducts, conduits, or other apparatus serving only the Unit).

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N m :S P 1 23(1119363). Rq:441.33

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In addition, each Unit Owner shall have the responsibili ty:

(i) to keep in a neat, clean and sanitary condition any Limited Common Elements igned to and serving his or her Unit;

(ii) to perform his or her responsibility in such manner so as not to unreasonably disturb other persons in other Units;

(iii) to promptly report to the Association or its agent any defect or need for repairs. for which the Association is responsible; and

(iv) to pay for the cost of repairing, replacing or cleaning up any item which is the responsibility of the Unit Owner but which responsibility such Owner fails or refuses to discharge (which the Association shall have the right, but not the obligation, to do), or to pay for the cost of repairing, replacing, or cleaning up any item which, although the responsibility of the Association, is necessitated by reason of the willful or negligent act of the Unit Owner, his or her family, tenants or guests, with the cost thereof to be added to and become part of the Unit Owner’s next chargeable assessment.

(b) 13¥ the Association. The Association shall maintain and keep in good repair as a Common Expense the “Area of Common Responsibility.11 which includes the following:

(i) all Common Elements and Limited Common Element sidewalks, entry gates and driveways, but excluding all other Limited Common Elements and improvements thereto; provided, however, the cost of maintenance and repair of Limited Common Element sidewalks, entry gates and driveways may be assessed against the Unit Owner(s) to whom the Limited Common Element is assigned under Paragraph 8(b)(i);

(ii) the roofs and roof support systems, even though the roof and roof support systems are part of a Unit;

(iii) all yard areas that are outside of the enclosed yard areas that are assigned as Limited Common Elements to certain Units; and

(iv) periodic painting, staining and/or cleaning of exterior surfaces of the Condominium buildings, exterior window frames, entry doors, door frames and garage doors on a schedule to be determined by the Board of Directors.

Subject to the maintenance responsibilities herein provided, any maintenance or repair performed on or to the Common Elements by an Owner or Occupant which is the responsibility of the Association hereunder (including, but not limited to landscaping of Common Elements) shall be performed at the sole expense of such Owner or Occupant, and the Owner or Occupant shall not be entitled to reimbursement from the Association even if the Association accepts the maintenance or repair.

The Association shall repair incidental damage to any Unit resulting from performance of work which is the responsibility of the Association. As finish levels can have varying degrees, such repairs will be complete only to the extent of being “paint-ready”. Such repair and subsequent cleaning shall be performed based on a reasonableness standard. In performing its responsibilities hereunder, the Association shall have the authority to delegate to such persons, firms or corporations of its choice, such duties as are approved by the Board of Directors.

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