Covenants
Deed Doc: CNDO
Recorded 05/12/2004 08:44AM
17136-2Ć Clerk Superor Court, ATHENS-CLARKE COUNTY This Document was prepared by and should be returned to: BE 02651 0316-0338 C24 Michael A. Morris, Esq. Blasingame, Burch, Garrard, Bryant & Ashley, P.C.
Post Office Box 832 Athens. Georgia 30603
(706) 354-4000
DECLARATION OF CONDOMINIUM
OF
ARLINGTON COMMONS CONDOMINIUM
in Athens-Clarke County, Georgia
THIS DECLARATION is made, executed and recorded to submit the property hereinafter described and the improvements thereon to the condominium form of ownership under the Georgia Condominium Act.
1. SUBMISSION. ARLINGTON COMMONS, L.L.C., as the owner of the property described as "Property" on Exhibit "A" hereto attached and made a part hereof by reference, does hereby submit such property and the improvements constructed thereon pursuant to the provisions of the Georgia Condominium Act, Act 463, Georgia Laws 1975, p. 609 as amended (the "Act). From and after the date that this Declaration is recorded with the Clerk of the Superior Court of Athens-Clarke County, Georgia, such property and all of the improvements constructed thereon, shall be owned, held, transferred, sold, conveyed, used, occupied, mortgaged or otherwise encumbered subject to the terms and provisions of this Declaration and of the Act.
2. DEFINITIONS. Unless the context requires otherwise the terms defined in the Act shall have the same meanings for purposes of this Declaration as are ascribed to them by the Act. In addition, as used in this Declaration, the Articles of Incorporation, the Bylaws and the other condominium instruments, the following terms shall have the meanings indicated hereinbelow, all of such definitions being cumulative of those contained elsewhere in this Declaration.
(a) "Act" shall mean the Georgia Condominium Act, Georgia Laws 1975, p. 609, as the same is or may be hereinafter amended.
(b) "Articles of Incorporation" shall mean the Articles of Incorporation of the Association, as the same may be hereinafter amended.
(c) "Association" shall mean Arlington Commons Condominium Association, Inc., a Georgia non-profit membership corporation formed for the purpose of exercising the powers of the Association under this Declaration, the Articles of Incorporation, the Bylaws, and the Act.
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(d) "Board of Directors" shall mean the Board of Directors of the Association, the members of which shall be appointed and elected from time to time as provided in this Declaration, the Articles of Incorporation, the Bylaws, and the Act. The Board of Directors shall be the governing body of the Association.
(e) "Bylaws" shall mean the ByLaws of the Association, as the same may be hereafter amended.
(f) "First Lien Mortgage' shall mean a mortgage, a deed to secure debt or deed of trust on a unit and its undivided interest in the common elements which gives to the holder thereof a first and superior lien and security title on and to such unit and undivided interest.
(g) "The Property" means those tracts or parcels of land and all improvements thereon described in Exhibit "A" hereto attached and by reference incorporated herein.
(h) "Declarant" shall mean Arlington Commons, L.L.C., its successors and assigns. 3. NAME. The name of the Condominium is "Arlington Commons Condominium".
4. COUNTY. The Condominium is located in Athens-Clarke County, Georgia.
5. DEVELOPMENT PLAN. The development plan for the condominium shall consist of a total of 10 units, each including a certain parcel of land and the unit and attached garage located thereon. The plat recorded at Condominium Plat Book C-2, page 42, Athens-Clarke County, Georgia Records, shows the location and dimensions of the property, the locations and dimensions of the vertical boundaries of each completed unit, the locations and dimensions of all completed structural improvements located on the property, to the extent feasible, the location of units "not yet begun", the location of easements to which the Property is subject, the identifying numbers of the units located on the Property and the location and dimension of any limited common elements appurtenant to each unit. The units on the Property will be constructed substantially in accordance with the survey and the plans which have been filed simultaneously with the filing of this Declaration in the Office of the Clerk of Superior Court of Athens-Clarke County, Georgia.
6. UNITS. Each unit including the attached garage, together with its undivided interest in the common elements shall for all purposes constitute a separate parcel of real property, which may be owned, held, transferred, sold, conveyed, used, occupied, mortgaged, or otherwise encumbered in the same manner as any other parcel of real property, subject to the provisions of this Declaration and the Act. Each unit owner shall be entitled to the exclusive ownership and possession of the unit or units owned by him, subject to the provisions of this Declaration and the Act. Each unit shall include all of the space and improvements within the boundaries thereof.
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(a) Boundaries. All units having the ground floor as its lowest level shall have no lower horizontal boundaries. The lower horizontal boundaries of any unit or portions thereof which is not a ground floor unit, or which does not have a ground floor portion thereof immediately below, shall have lower horizontal boundaries which are the upper surfaces of the floor joists of the lowermost floor of such unit, or of the lowermost floor of the portion of the unit which does not have a ground floor portion thereof immediately below. The upper horizontal boundary of any unit which has another unit on top of it shall be the undersurfaces of the joists which are the ceiling joists for the uppermost floor of such unit. There shall be no upper horizontal boundary of any unit which does not have another unit directly above it. The vertical (lateral) boundary of each unit shall be the exterior unfinished surface of the outside walls of such unit. If applicable, all of the aforesaid boundaries shall be extended to the intersections with each other. Notwithstanding the foregoing, all exterior doors and glass surfaces, such as windows, serving each unit shall be deemed to be included within the boundaries hereof; and all portions of the heating and air conditioning systems (including furnaces, compressors, conduits, wires, pipes, and the like) serving a single unit shall be deemed to be included within the boundaries of that unit, irrespective of whether the same are located within the boundaries above described.
(b) Relocation of Boundaries Between Units. The boundaries between adjoining units may be relocated from time to time, such relocation to be made in accordance with Section 27 of the Act.
7. LIMITED COMMON ELEMENTS. The limited common elements are those portions of the common elements which are reserved for the exclusive use of those persons who are entitled to the use of the units to which such limited common elements are assigned. The limited common elements shall be assigned as follows:
(a) All portions of the common elements on which there is located any steps, ramps, decks, porches, any portion of the heating and air conditioning system serving a particular unit or units or sidewalks immediately adjacent to a unit or parking spaces designated as exclusive to a unit pursuant to Article 14(c) herein shall be limited common elements, reserved for the exclusive use of those persons who are entitled to use the unit or units which is or are served by such heating and air conditioning systems, entrance area, or parking area.
8. ADDITIONAL LIMITED COMMON ELEMENTS. No portion of the common elements located on the Property may be subsequently assigned as a limited common element.
9. ALLOCATION OF UNDIVIDED INTEREST IN THE COMMON ELEMENTS. Each unit shall be allocated an equal undivided interest in the common elements.
10. ALLOCATION OF VOTES IN THE ASSOCIATION. Each unit owner shall be allocated an equal vote in the Association.
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11. ALLOCATION OF LIABILITY FOR COMMON EXPENSES. Each unit shall be allocated an equal share of the liability for common expenses.
12. POWERS OF THE ASSOCIATION AND BOARD OF DIRECTORS. The powers of the Association and the Board of Directors shall be as set forth, and shall be subject to the limitations and restrictions set forth in the Act, the Georgia Nonprofit Corporation Act, this Declaration, the Articles of Incorporation and the Bylaws of the Association.
13. PREPARER OF DECLARATION. The name and address of the attorney who prepared this Declaration is Michael A. Morris of Blasingame, Burch, Garrard, Bryant & Ashley, P.C., P.O. Box 832, Athens, Georgia 30603.
14. RESTRICTIONS. For the purpose of assuring the maximum enjoyment of the Property by all of the owners and occupants thereof, the use of the Property shall be only in accordance with the following provisions:
(a) Residential Use. All units shall be restricted exclusively to residential use. No unit or any limited common element, or any portion thereof, shall at any time be used for any commercial, business or professional purpose; provided that the Declarant may conduct sales and promotional activities on the Property with respect to units owned by it and may maintain such units as model units; and provided further, that nothing contained in this Declaration shall be construed as prohibiting the use of units for rental purposes. The common elements shall be used exclusively for the recreational and service purposes for which they are intended.
(b) Pets. Small dogs, cats, or other small domestic household pets may be kept by the respective unit owners or their lessees in the respective units. Whether a pet meets such standards shall be in the reasonably exercised discretion of the Board of Directors. Animals or pets not meeting such standards or causing a nuisance must be promptly removed from the Property by a unit owner or a lessee of a unit upon being instructed to do so by the Board of Directors. Every unit owner and lessee shall be liable to the Association for a fine of $25.00 per day for each and every day such unit owner or lessee shall fail to so remove his pet or animal after being instructed to do so by the Board of Directors.
(c) Parking. Only a passenger automobile or a pick-up truck or a motorcycle in operating condition with a then current effective liability insurance, license tag and operating sticker may be parked upon or in designated automobile parking areas and spaces. The Board of Directors may cause property stored or parked in violation of the provisions of this Paragraph (c) to be removed at the expense of the unit owner who parked or stored the same or whose lessee, invitee, or lessee's invitee parked or stored the same, or at the expense of the unit owner on whose behalf of the same is parked or stored, or who caused or permitted such parking or storage. The cost of removal and further storage shall be assessed against the unit owner liable for such cost hereunder. Provided, however, that Declarant and its agents may park such trucks, vehicles or equipment in the parking area or common elements as are necessary to complete construction or provide maintenance to any unit, common element or limited common
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element. Boats, trailers, trucks, mini-bikes, recreational vehicles or non-automobiles may be parked only in parking areas set aside by the Board of Directors for such purposes. These restrictions on recreational vehicles or non-automobiles may be enforced by removal and storage in the same manner as stated above, including the right of the Association to charge a fee for such removal and storage.
The Board of Directors may assign designated exclusive parking spaces appertaining to units. In assigning designated spaces the Board of Directors will give consideration to the location of the unit in respect to the location of the designated spaces. All parking spaces not specifically assigned to a unit by the Board of Directors shall be considered general parking areas. Nothing contained herein shall prohibit the Board of Directors from assigning exclusive parking spaces to additional units created pursuant to this Declaration.
(d) Motorcycles, Motorscooters, Go-Carts. Go-Carts are prohibited from use on any part of the Property. Motorcycles (including motor bikes or minibikes), motor scooters, and similar vehicles may be used only on the streets and the paved common elements, and then only for transportation to a unit and to leave the Property, and not for recreation in itself or for joy riding.
(e) Nuisances. No rubbish or debris of any kind shall be dumped, placed, or permitted to accumulate upon any portion of the Property so as to render any portion thereof unsanitary, unsightly, offensive or detrimental to the owners or occupants of any units. No nuisance shall be permitted to exist or operate upon any portion of the Property. Without limiting the generality of any of the foregoing, no exterior speakers, horns, whistles, or other sounc devices, except security devices used exclusively for security purposes, shall be located, used or placed on the Property, or any portion thereof.
(f) Compliance by Unit Owners and Lessees. Each unit owner shall cause his lessee, or his sublessee, to comply with all of the restrictions set forth in this Article 14, and such other reasonable rules and regulations concerning the use of the Property as may be made and amended from time to time by the Board of Directors pursuant to Article 23 of this Declaration, notwithstanding the fact that such lessee or said lessee's sublessee are fully liable for any violation of such restrictions, rules and regulations. All agreements by which a unit is leased shall provide that the terms of such lease shall be subject in all respects to all of the terms and provisions of the Declaration and the Bylaws, and that any failure by the lessee to comply with the terms of such documents shall be a default under such lease agreements.
(g) Leasing of Units. Units may be leased by unit owners subject to the covenants and restrictions of this Declaration and subject to any part of the rules and regulations governing leasing established by the Board of Directors. Any lease agreement shall be required to provide that the lessee, sublessee, his invitees, employees and guests comply with the terms of the Declaration and that any failure by the lessee, sublessee, his invitees, employees or guest to comply with the terms of such documents shall be a default under the lease. All leases shall be required to be in writing. This Article 14(g) and any part of the rules and regulations relating to the leasing of units established by the Board of Directors shall not apply to any lease or leases
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which may be entered into by the Declarant; provided, however, the occupancy of any unit by any lessee of the Declarant shall be otherwise subject to the provisions of this Declaration.
(h) Sale by Mortgagee. Should the holder of a first lien mortgage on any unit become the fee simple owner of such unit through foreclosure or any other means pursuant to the satisfaction (in whole or in part) of the indebtedness secured by such mortgage or desire to sell under the power of sale contained in its mortgage, the sale of such fee simple interest or any lease or disposition of any interest in the unit by such mortgagee pursuant to the satisfaction (in whole or in part) of the indebtedness secured thereby may be accomplished without regard to the restrictions contained in this Article 14; provided, however, that the purchaser or lessee of such unit from such mortgagee shall take title to such unit subject to all of the provisions of this Article 14, this Declaration and the Act.
(i) Mortgaging of Units. No owner other than the Declarant may mortgage a unit or any interest therein without the approval of the Board of Directors, except to the person from how teres the whom such unit was purchased or to a bank, an insurance company, a federal savings and loan association, or a corporation or partnership acting as a mortgage broker whose primary interest in making any such mortgage is the placement and servicing of same with and on behalf of one of such lending institutions. The existence of a "permanent commitment" from any lending institution to purchase any such mortgage from such mortgage broker shall be conclusive evidence of such mortgage broker's intent to place any such mortgage with one of the such other lending institutions whether or not such commitment is ultimately fulfilled. The approval of any mortgagee as provided for above may be upon conditions determined by the Board of Directors but may not be arbitrarily withheld.
(i) Prohibited Activities. No noxious or offensive activity shall be carried on in any unit, or upon any limited common element or common element. Each unit owner, his family, lessees, invitees and guests, shall refrain from any act or use of his unit or limited common elements or common elements, which could reasonably cause embarrassment, discomfort, annoyance or nuisance to any other resident or residents of the Property.
15. REPAIR AND MAINTENANCE. The repair and maintenance of the Property shall be in accordance with the following terms and conditions:
(a) Units. Each unit owner shall be responsible for the maintenance, repair, renovation, restoration, and replacement of all portions of his unit, including, without limitation, the heating, air conditioning and interior electrical and plumbing systems and the exterior doors and glass surfaces. All such maintenance, repair, renovation, restoration and replacement work shall be performed by each unit owner in such a manner so as to cause as little disturbance to the owners or tenants of the other units as is reasonably possible.
(b) Limited Common Elements. Each unit owner shall be responsible for the maintenance, repair, renovation, restoration and replacement of all of the limited common elements assigned to his unit. All such maintenance, repair, renovation, restoration and replacement work to be performed by the owner thereof shall be done in such a manner so as
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to cause as little disturbance to the occupants or tenants of the other units as is reasonably possible.
(c) Common Elements. The Association shall be responsible for the maintenance, repair, renovation, restoration and replacement of the common elements, except for the limited common elements for which the unit owners shall be responsible, as provided by Paragraph 15(b) above. In performing such responsibility, the Association shall do the following:
1. Provide maintenance and repair of driveways and parking areas. 2. Repair, replace and maintain all utility lines, pipes, wires and conduits serving the units (except for those forming a part of the heating and air conditioning and interior electrical and plumbing systems, for which the individual owners shall be responsible).
3. Provide maintenance of the common areas including landscaping. 4. Pay common area taxes and utilities.
(d) Prohibited Changes. No unit owner shall paint or otherwise change the exterior appearance of his unit, or of any other portion of the Property, including any of the limited common areas assigned to his unit, without having first obtained the written consent of the Board of Directors. Additionally, the design, type, location, size, intensity and color or all exterior lights (including both those mounted as part of the original design of the Property and those mounted with the consent of the Board of Directors) shall be subject to the control of the Board of Directors. No signs shall be placed on the exterior of any unit or on any common elements or limited common elements without the prior written approval of the size, shape, color, design and materials by the Board of Directors.
(e) Maintenance Required by Unit Owners. In the event the Board of Directors shall determine that the need for maintenance or repairs by the Association as provided in Paragraph 15(c) above is caused through the willful or negligent act of a unit owner, his lessee, or their sublessees, assignees, guests or invitees, and not paid for insurance, the cost of performing such maintenance or repair shall be added to and become a part of the assessments to which such unit owner is subject.
16. PLAT AND PLANS. The survey of the Property is being filed simultaneously with this Declaration in Condominium Plat Book2, page 12, Athens-Clarke County, Georgia Records, and said survey is by reference incorporated herein.
Plans of every building which contains a unit located on the Property, conforming to the requirements set forth for the same in the Act, are being filed simultaneously with this Declaration in the Office of the Clerk of Superior Court of Athens-Clarke County, Georgia, the same being File No. 225
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Other plats may be filed in order to comply with Articles Five and Six of this Declaration and the Act.
17. CONTROL BY DECLARANT. Notwithstanding anything contained elsewhere in this Declaration, or in the Articles of Incorporation or Bylaws, which may be construed to the contrary, the Declarant shall be authorized to appoint and remove any member or members of the Board of Directors and officer or officers of the Association. The Declarant's authority to so appoint and remove members of the Board of Directors and officers of the Association shall expire upon the first of the following to occur:
(a) The expiration of five (5) years after the date of recording of this Declaration; (b) The date as of which Units to which three-fourths (3/4) of the undivided interests in the common elements appertained shall have been conveyed by the Declarant to Unit Owners other than the Declarant;
(c) The surrender by the Declarant of the authority to appoint and remove members of the Board of Directors and officers of the Association by an express amendment to this Declarant executed and recorded by the Declarant.
18. ASSESSMENTS. Assessments against the unit owners shall be made to raise funds to pay the Declarant for all costs and expenses associated with the construction of the swimming pool and the deck on the Property and to pay all other common expenses of the Property, and shall be governed by the following provisions:
(a) Liability. Each unit owner shall be liable to the Association for all sums as are lawfully assessed by the Association against him or his unit or units in accordance with the terms and provisions of this Declaration and the Articles of Incorporation and Bylaws. In addition to exercising the remedies provided for in Paragraph 18(g) below, the Association may enforce such liability by an action at law to recover all amounts assessed against each unit owner in
(b) Purpose. Assessments shall be levied against the unit owners and the units to defray the common expenses of the Property. The common expenses of the Property shall be all of the expenditures which are made or incurred by or on behalf of the Association in connection with the exercise of its powers and responsibilities, and shall include the following:
(1) Management fee, if any, and expenses of administration of the Property; (II) common utility bills and charges for other common services, including but not limited to water and sewerage;
(ill) premiums for all insurance policies maintained by the Association;
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(iv) the expenses of performing the maintenance, repair, renovation, restoration and replacement work which is the responsibility of the Association under Article 15 hereof;
(v) such other costs and expenses as may be determined from time to time by the Board of Directors to be common expenses; and
(vi) the creation and maintenance of such reserve funds as are required to be maintained by the Association under Paragraph 18(c) below, and such other reserve funds as the Board of Directors shall determine, including but not limited to a reserve for repairs and maintenance.
(c) Budget, Payment Dates. No less than thirty (30) days prior to the commencement of each fiscal year of the Association, the Board of Directors shall adopt a budget for the succeeding fiscal year, which budget (i) shall estimate the amount of common expenses which are anticipated to be incurred during such year, and (ii) shall make provision for an adequate reserve fund for maintenance, repair and replacement of those portions of the common elements that must be replaced on a periodic basis. Prior to the commencement of such fiscal year, the Board of Directors shall furnish a copy of such budget to each unit owner, together with a written statement of the amount of such common expenses which shall be assessed against such unit owner for such fiscal year. Unless otherwise determined by the Board of Directors, such assessment shall be due on January 1 of each year. The Board of Directors shall be authorized to prorate the annual assessment into twelve monthly or four quarterly installments. In addition, any fees, charges, and other amounts payable by any unit owner to the Association shall be added to and shall, unless paid at the time the same are incurred or at some other time determined by the Board of Directors, be due and payable as part of the installment of the assessment next coming due.
(d) Special Assessments. If for any reason, including nonpayment of any unit owner's assessments, an annual budget adopted by the Board of Directors for any fiscal year proves inadequate to defray the common expenses for such fiscal year, the Board of Directors may, at any time, levy a special assessment to raise the additional funds necessary to defray such common expenses, which special assessment shall be due and payable at such time and in such installments as the Board of Directors shall determine. Additionally, the Board of Directors shall be authorized to levy special assessments under the circumstances described in Paragraph 22(e) of this Declaration.
(e) Equal Assessment. Except as provided for differently in Paragraph 15(e) of this Declaration, no expenses associated with the maintenance, repair, renovation, restoration, or replacement of any limited common element shall be specially assessed against the unit or units to which such limited common element is assigned.
(f) Special Assessments for Capital Improvements. In addition to the assessments which shall be levied against the unit owners under Paragraphs 18(b) and (d) above, the Board of Directors shall be authorized, upon the affirmative vote the owners of the units to which three-
BE 02651 Pg 0325 fourths (3/4ths) of the undivided interest in the common elements is allocated, to levy a special assessment for the purpose of defraying, in whole or in part, the costs of any capital improvements to be made upon the common elements, or for the costs of making repairs or replacements which are not provided for in then current budget of the Association. Any such in such installments as the Board of Directors shall determine. special assessments for the capital improvements and repairs shall be payable at such time and may enforce collection of the assessments for which a unit owner is liable, together with all other (g) Collection. In addition to all other remedies provided by law, the Association amounts as may be owed by such unit owner to the Association, as hereinafter provided. assessment levied against him within ten (10) days after such installment shall be due and (i) In the event that any unit owner shall fail to pay any installment of any balance of such assessment for the remainder of the fiscal year may, at the option of the Board payable and within 5 days after written notice is mailed to the unit owner, the entire unpaid to such unit owner. of Directors, be accelerated and be declared immediately due and payable in full, without notice the same shall be due, any amounts due and payable to the Association, such unit owner shall (ii) In the event that any unit owner shall fail to pay within five (5) days after be liable for the payment of, and shall pay, in addition to the amounts so due the Association: percent of the amount so due, whichever is the greater; (a) A late charge equal to the Ten ($10.00) Dollars or ten (10%) appertaining thereto, from the date same were due and payable, at the rate of twelve (12%) (b) interest on the amount so due, and the aforesaid late charge percent per annum, until paid;
any expenses required for the protection and preservation of the unit, and reasonable attorney's (c) the cost of collection, including court costs, the expenses of sale, fees actually incurred; and
unit of such owner, the fair rental value of the unit from the time of the institution of suit until sale (d) in the event the Association shall seek to foreclose its lien on the of the unit at foreclosure (or until the judgment rendered in such suit is otherwise satisfied). 41 of the Act shall include all sums as may become payable by a unit owner to the Association (iii) The lien for assessments in favor of the Association provided by Section pursuant to Paragraph 18(g)(i) and (g)(il) above.
such owner, to use the common elements shall be suspended for the period of time any amount (iv) The rights of a unit owner and all persons entitled to occupy the unit of unpaid; provided, however, that no such suspension shall deny any unit owner, or the occupants due and owing to the Association in regard to any unit owned by such owner shall remain
B: 02651 Pg 0326 condition to exist. of any unit, access to the unit owned or occupied, nor cause any hazardous or unsanitary payment of a fee, not to exceed Ten ($10.00) Dollars, as a prerequisite to its issuance of any (h) Fee for Statements of Amounts Due. The Association may require the statement pursuant to Section 41(d) of the Act.
reserve fund for the periodic maintenance, repair or replacement of the common elements, (i) Reserves and Working Capital. The Association shall establish an adequate Declarant shall establish a working capital fund for the initial months of the operations of the which fund shall be maintained out of regular assessments for common expenses. The Condominium which shall equal at least two (2) months estimated common area charges for profits to the payment of the common expenses and to any reserves established in accordance 19. COMMON PROFITS. Any surplus remaining after the application of the common chargeable to the unit owners, as the Board of Directors shall determine. with this Declaration shall be either distributed to, or credited against the next assessments of those persons entitled to occupy a unit shall comply with all of the provisions of this 20. COMPLIANCE WITH CONDOMINIUM INSTRUMENTS. Every unit owner and all be adopted by the Board of Directors in regard to the Property. In the event of any breach or Declaration, the Articles of Incorporation, the Bylaws, and all rules and regulations which shall violation of any such provisions, the Association shall have the right to proceed at law or in equity to compel compliance therewith. In the event any unit owner shall permit or suffer to exist violation of any of the foregoing provisions, the Association shall have the right to enter upon any condition in his unit or in the limited common elements assigned to his unit which is in and the unit owner who permitted or caused such violation to exist shall be fully liable to the such unit or limited common element and remove the thing or condition causing such violation, Association for all costs and expenses it shall incur in connection therewith. All such costs and expenses shall be paid to the Association promptly upon demand. In no event shall the removing such thing or condition. In the event the Association shall employ legal counsel to Association or its agents have any liability for so entering upon any portion of the Property and pay all reasonable attorneys fees so incurred by the Association. enforce any of the foregoing, the unit owner permitting or suffering such condition to exist shall shall have the power to impose and assess fines against any unit owner who permits or suffers In addition to the foregoing remedies of the Association, the Board of Directors amount determined by the Board of Directors; provided, however, that no such fine shall exceed any condition to exist in violation of any of the foregoing provisions. All such fines shall be in an the sum of $25.00 for any one violation, but each day a violation is continued or repeated after the Board of Directors shall give the unit owner responsible for violation a written notice of the Association in exercising any right, power or remedy herein provided shall be deemed a waiver same shall be considered a separate violation. No delay, failure or admission on the part of the
BL 02651 ₽£ 0327 of the right to do so thereafter as to the same violation or breach, or as to a violation or breach occurring prior or subsequent thereto, and shall not bar or affect its enforcement. In no event of any failure to bring any action on account of any violation or breach by any unit owner of any shall the Board of Directors, or any of its agents, be liable to anyone whomsoever on account from having any right of action under Georgia law against any other unit owners for failure to of the foregoing provisions. Nothing contained herein shall prevent any aggrieved unit owner rules and regulations adopted by the Board of Directors in regards to the Property. comply with the provisions of this Declaration, the Articles of Incorporation, the By-Laws and all Association shall be governed by the following provisions: 21. INSURANCE Insurance (other than title insurance) which shall be obtained by the insurance policies: (a) Types of Insurance. The Association shall obtain and maintain the following providing as a minimum for and extended coverage, vandalism and malicious mischief on a (i) A multi-peril casualty insurance policy covering the entire Property, structures within the Condominium. The name of the insured under such casualty insurance replacement cost basis in an amount not less than 100% of the full replacement cost of all and benefit of individual unit owners of Arlington Commons Condominium in Athens-Clarke policy shall be stated as follows: "Arlington Commons Condominium Association, Inc. for use reappraisal or revaluation of the insured property not less frequently than once every two years. County, Georgia". The amount of coverage of such casualty insurance shall be readjusted by Such casualty insurance policy shall contain the standard mortgagee clause which shall be endorsed to provide that any proceeds shall be paid to the Association for the use and benefit the units which are to be financed by a first lien mortgage to be purchased by FNMA or FHLMC of mortgagees as their interests may appear. Any fixtures, equipment or other property within (regardless of whether or not such property is a part of the common elements) must be covered under such multi-peril casualty insurance policy and must include an "Agreed Among Endorsement" and, if available, an "Inflation Guard Endorsement."
common elements. Such liability insurance policy shall contain a "severability of interest" (il) A comprehensive policy of public liability insurance covering all of the of the negligent acts of the Association or other unit owners. Such liability insurance policy shall endorsement which shall preclude the insurer from denying the claim of a unit owner because employees of the Association, and all unit owners and other persons entitled to occupy any unit cover the Association, the Board of Directors, the officers of the Association, all agents and single person, $1,000,000.00 for injury or injuries, including death, arising out of a single or other portion of the Property, shall be for at least $500,000.00 for injury including death to a unit owners as a group and shall include protection for damage to the property of others. occurrence and $50,000.00 for property damage, with a cross liability endorsement to cover the members of the Board of Directors, the manager of the Condominium, and any employees or (ili) A policy of fidelity coverage against dishonest acts on the part of the
B₺ 02651 Pg 0328 volunteers of the Association responsible for handling funds belonging to or administered by the Association. Said policy of fidelity coverage insurance shall name the Association as the named times the Association's estimated annual common expenses and reserves. insured and shall be written in an amount which shall in no event be less than one and one half desirable for the benefit of the Association, its Officers and Directors or the unit owners. (iv) Such other insurance policies as the Board of Directors shall deem the Association is required to maintain under the provisions of Paragraph 21(a) shall be written (b) Minimum Qualifications of Insurance Carriers. Each policy of insurance which A:VI or better and which is licensed to transact business within the State of Georgia. by a hazard insurance carrier which has a financial rating by Best's Insurance Reports of Class the Association is required to maintain under the provisions of Paragraph 21(a) shall (a) not (c) Minimum Qualifications of Insurance Policies. All policies of insurance which any mortgage upon any unit, (b) not allow loss payments to be contingent upon any action by allow contributions or assessments to be made against the owner of any unit, or the holder of the insurance carrier's board of directors, policyholders, or members, (c) not include any limiting clauses (other than insurance conditions) which could prevent any unit owner or the holder of attached a mortgage clause which provides that the insurance carrier shall notify in writing all any mortgage upon any unit from collecting insurance proceeds, and (d) contain or have effective date of any reduction in, cancellation, or nonrenewal of such policies. holders of first lien mortgages on any of the units at least ten (10) days in advance of the expense the following insurance policies: (d) Unit Owner's Policies. The unit owners may carry at their own initiative and master casualty insurance policy described in Paragraph 21(a) hereof for the exclusive benefit (i) A building additions, betterments, and alterations endorsement to the liable for) the premium for such endorsement; and of the particular unit owner, such unit owner to be liable for (and the Association to be in no way unit, personal injury and property damage liability, burglary and the like. (ii) A 'tenant's or condominium owner's policy" covering the contents of his obtained and maintained by the Association be affected or diminished by insurance purchased In no event shall any recovery or payment under the insurance coverage to maintain the additional insurance coverage set forth in this Paragraph 21(d) in such a way as by individual unit owners or mortgagees, and no unit owner shall be entitled to exercise his right to decrease the amount which the Association may realize under any insurance policy which it may have in force on the Property at any particular time. which shall be paid on account of damages to or destruction of any portion of the common (e) Proceeds on Account of Damage to Common Elements. Insurance proceeds elements which does not exclusively serve any unit or units shall be held by the Association in
B₺ 02651 Pg 0329 the portion of such common elements so damaged or destroyed, as provided in Paragraph 22 a construction fund, which shall be used for the purpose of repairing, reconstruction or rebuilding 22(b) of this Declaration not to repair, reconstruct or rebuild the portion of the common elements of this Declaration. If it shall be determined in accordance with the provisions of Paragraph such damage or destruction to such portion of common elements shall first be used to clean up so damaged or destroyed, then the insurance proceeds paid on account of the occurrence of common elements is not to be repaired, reconstructed or rebuilt, and the remaining insurance and landscape the common elements as necessary in view of the fact that such part of the common elements, such disbursement to be made payable jointly to the unit owners and their proceeds shall be disbursed to the unit owners in proportion to their undivided interest in the mongagees. Incorporation, the Bylaws, or the Act which may be construed to the contrary, in no event shall Notwithstanding anything contained in this Declaration, the Articles of casualty be deemed to be common profits. any insurance proceeds paid to the Association on account of the occurrence of any fire or other Serving Units. In the event that any insurance proceeds shall be paid to the Association on (f) Proceeds on Account of Damage to Units and Common Elements Exclusively elements exclusively serving such unit or units, the Association shall be deemed to hold such account of any damage to or destruction of any unit or units and/or any portion of the common so damaged or destroyed, or the common elements exclusively serving which units are so insurance proceeds in a series of separate accounts, one such account for each unit which is by the Association in each such account shall be determined by multiplying the entire amount damaged or destroyed. The amount of insurance proceeds which shall be deemed to be held damage or destruction to such unit or units and/or the common elements exclusively serving of insurance proceeds which shall be received by the Association as consequence of the repairing, reconstruction, or rebuilding the unit, and the common elements exclusively serving such unit or units by a fraction, the numerator of which shall be the total estimated cost of total estimated cost of repairing, reconstruction, or rebuilding all of the units and common the unit, on behalf of which such account is credited, and the denominator of which shall be the were paid. If it shall be determined in accordance with the provisions of Paragraph 22(c) of this elements as a consequence of the damage to or destruction to which such insurance proceeds the amount of insurance proceeds which shall be held by the Association in the account for such Declaration not to repair, reconstruct or rebuild any unit which is so damaged or destroyed, then unit owner and his mortgagee. Such disbursement, however, shall be made only after the Board unit shall be disbursed to the owner of such unit, such disbursement to be made jointly to the whereby such unit owner shall pay for the cost of cleaning up and landscaping the property on of Directors shall have entered into a financial arrangement satisfactory to the Board of Directors which such unit was located. Notwithstanding anything contained in this Declaration, the Articles of Incorporation or Bylaws of the Association which may be construed to the contrary, in no pursuant to the provisions of this Paragraph 21(f) be deemed to be common profits. event shall any amounts as shall be held by the Association for the account of any unit owner deemed to exclusively serve a particular unit only if they constitute all or a portion of the walls, For purposes of Paragraph 21(e) and Paragraph 21(f), common elements shall be roofs or a foundation enclosing such unit.
B: 02651 Pg 0330 requirements relating to property or liability insurance, there may be named as an insured on (g) Insurance Trustee. Notwithstanding any of the foregoing provisions and behalf of the Association, the Association's authorized representative, including any Trustee with whom such Association may enter into any Insurance Trust Agreement or any successor to such exclusive authority to negotiate losses under any policy providing such property or liability Trustee (each of whom shall be referred to herein as the "Insurance Trustee"), who shall have insurance and perform such other functions as are necessary to accomplish this purpose. Each unit owner appoints the Association or any Insurance Trustee or successor Insurance Trustee designated by the Association, as attorney-in-fact for the purpose of purchasing and maintaining such insurance, including: the collection and appropriate disposition of the proceeds thereof; the the performance of all other acts necessary to accomplish such purpose. negotiation of losses and execution of releases of liability; the execution of all documents; and governed by the following provisions: of the Property, following damage to or destruction of all or any portion of the Property shall be 22. DAMAGE OR DESTRUCTION OF PROPERTY. Repair, reconstruction or rebuilding occurrence of any damage to or destruction of any portion of the Property, the Board of Directors (a) Estimates of the cost of Repair. As soon as practicable following the the Property so damaged or destroyed to substantially the same condition as such portion of the shall obtain reliable and detailed estimates of the cost of repairing or restoring such portion of a result of such damage or destruction. the filing and adjustment of all claims arising under insurance maintained by the Association as Property was in prior to the occurrence of such damage or destruction, and shall proceed with damage to or destruction of the common elements will be repaired, reconstructed or rebuilt (b) Determination to Repair, Reconstruct or Rebuild Common Elements. Any Association are allocated shall determine, within forty-five (45) days after the occurrence of the unless the owners of the units to which seventy-five (75%) percent of the votes in the casualty, not to repair, reconstruct or rebuild the same.
repair, reconstruct or rebuild any unit which is damaged or destroyed by fire or any other (c) Determination to Repair, Reconstruct or Rebuild Units. The determination to casualty shall be made in the following manner:
repaired in all events. (i) Any unit which is damaged, but not rendered untenantable, shall be thereby rendered untenantable, such unit shall be repaired, reconstructed or rebuilt unless, (il) In the event that any unit is so damaged or destroyed that such unit is is so rendered untenantable, together with (b) the owners of the units to which sixty-seven (67%) within forty-five (45) days after the occurrence of such casualty, (a) the owners of the unit which which has been rendered untenantable by such casualty), and (c) the holders of sixty-seven percent of the remaining votes in the Association (not including the vote of the owner of the unit (67%) percent of the first mortgages on the units within the Condominium (including the holder
B₺ 02651 P: 0331 not to repair, reconstruct or rebuild such unit so rendered untenantable. of any first mortgage on the unit which has been so rendered untenantable) shall all determine untenantable only if as a consequence of this occurrence of a fire or other casualty, such unit (iii) For purposes of this Paragraph 22(c), a unit shall be deemed to be to the occurrence of such casualty. is not fit for present habitation, and if the estimated costs of making repairs necessary to render such fit for present habitation shall exceed one-half (½) of the fair market value of such unit prior accordance with the following provisions: or rebuilding to be made as a result of damage by fire or other casualty shall be made in (d) Manner of Repair, Reconstruction or Rebuilding. All repairs, reconstruction, rebuilt substantially in accordance with the plans and specifications for such damaged property prior to the occurrence of such damage. (i) Common Elements. The damage shall be repaired, reconstructed or unit, such repair, reconstruction or rebuilding shall be substantially in accordance with the plans (ii) Units. If the damage to be repaired, reconstructed or rebuilt is to any and specifications for such damaged unit prior to the occurrence of such damage. the Property, the damage to or destruction of which caused the payment of insurance benefits (i) All of the work of repairing, reconstruction or rebuilding any portion of supervision of the Board of Directors, which, in discharging such supervisory responsibilities, under insurance policies maintained by the Association, shall be performed under the shall be authorized to employ such building supervisors and architects as the Board of Directors shall deem to be in the best interest of the Association. The fees which shall be payable to any such building supervisor or architect employed by the Board of Directors shall be a common
(e) Costs of Repair, Reconstruction or Rebuilding
any portion of the common elements which shall be damaged or destroyed and which does not (i) Common Elements. The cost of repairing, reconstructing or rebuilding to the Association on account of such damage or destruction. If such insurance proceeds are exclusively serve any unit or units shall be paid with any insurance proceeds which shall be paid Directors shall levy a special assessment against all of the unit owners and units to raise the not sufficient to defray such costs of repair, reconstruction or rebuilding, then the Board of excess funds necessary to defray such costs.
repairing, reconstructing or rebuilding each unit which shall be damaged or destroyed, and any (il) Units and Common Elements Exclusively Serving Units. The cost of destroyed, shall be paid with the insurance proceeds which shall be paid to the Association on portion of the common elements exclusively serving such unit which shall be damaged or account of such damage or destruction and held by the Association in the account for such unit,
BL 02651 PE 0332 Association in the account for such unit are not sufficient to defray such costs of repair, as provided in Paragraph 21(f) of this Declaration. If the amounts which are held by the necessary to defray such costs. the owner of the unit on behalf of which such account was created to raise the excess funds reconstruction or rebuilding, then the Board of Directors shall levy a special assessment against foundation enclosing such unit. exclusively serve a particular unit only if they constitute all or a portion of the walls, roofs or a For the purposes of this Paragraph 22(e), common elements shall be deemed to authority to adopt, make and amend reasonable rules and regulations in regard to the use of the 23. RULES AND REGULATIONS. The Board of Directors shall have the power and request. regulations, and all amendments thereto, shall be furnished to all of the unit owners, upon units, limited common elements, and common elements. Copies of all such rules and 24. EASEMENTS. The following easements shall be applicable to the Property: on any other unit or any part of the common elements, whether by reason of a deviation from (a) Encroachments. To the extent that any unit or common element encroaches improvement, or by reason of any overhang or the settling or shifting of any land or the survey or the plans in the construction, repair, renovation, restoration or rebuilding of any improvement, a valid easement for said encroachment and for the maintenance of same, so long as it stands, shall exist. have the irrevocable power as attorney-in-fact on behalf of all unit owners and their successors- (b) Utility and Other Easements. The Association and the Board of Directors shall in-title to accept easements benefiting the Condominium or any portion thereof and to grant easements benefiting the Property, or any portion thereof, whether or not a part of the replacing, and maintaining all utilities including, but not limited to, water, sewer, power, Condominium upon, across, over and under all of the Property for ingress, egress, installation, telephone, gas, electricity, cable television and a master television antenna system. Such easements may grant to appropriate utility companies the right to erect and maintain the wires, pipes, circuits and conduits on, above, across and under the common elements, the units necessary poles and the necessary equipment on the Property and to affix and maintain utility or the roofs and exterior walls of the improvements comprising part of any unit. purpose of ingress and egress to and from his unit over all driveways, private roads and Declarant grants to each unit owner a non-exclusive perpetual easement for the entrances as shown in Condominium Plat Book 2, page 92, Athens-Clarke County, Georgia Records. owners and to the Association, and to any directors, officers, agents or employees of either, (c) Access to Units and Common Elements. Each unit owner shall afford to the other unit
PE 0333 reasonably necessary to enable them to exercise and discharge their respective powers and such access through his unit and any limited common elements appurtenant thereto as may be responsibilities in an emergency situation. To the extent that damage is inflicted on the common elements, including without limitation any limited common elements, or any unit through which or through agents, employees or others, shall be liable for prompt repair thereof. There is access is taken, the Association or the unit owner occasioning such damage, whether by itself an all similar emergency personnel, an easement to enter upon the property or any part thereof hereby (i) reserved in the Declarant, (ii) granted to all policemen, firemen, ambulance personnel that Declarant owns any unit or owns any interest in the Property or any portion thereof, the in an emergency situation in the proper performance of their respective duties. During the period elements for the purpose of making improvements contemplated by the condominium Declarant shall have a transferable easement on, over, through, under and across the common repairing and maintaining all utilities serving the Property or any portion thereof, and for the instruments on the Property, or any portion thereof, for the purpose of installing, replacing, further reserved in the Declarant, and its successor-in-title a perpetual easement for the benefit purpose of doing all things reasonably necessary and proper in connection therewith. There is hereafter be located on the Property. of the Property for ingress and egress over and across any road or drive which may now or into between the Association and the Declarant which provides for professional management 25. CONTRACTS WITH DECLARANT. The term of any agreement as may be entered Condominium, shall in no event exceed one (1) year. In addition, any such agreement shall be of the Condominium, or pursuant to which the Declarant is to provide any the services to the terminable by either party thereto without cause and without payment of a termination fee on no more than ninety (90) days written notice. other provision of this Declaration shall not affect the validity or enforceability of any other 26. SEVERABILITY The invalidity or unenforceability of any covenant, restriction or covenant, restriction or provision of this Declaration.
convenience only and are not intended to define, limit, restrict, extend or modify any of the 27. CAPTIONS. The captions of all sections of this Declaration are inserted for provisions of the sections to which such captions relate.
or the Articles of Incorporation or Bylaws of the Association, the following provisions are hereby 28. MORTGAGEE'S RIGHTS. Notwithstanding any of the provisions of this Declaration extent they conflict with any of the provisions in the Declaration, the Articles of Incorporation or adopted for the protection of the mortgagees of units within the condominium project, and to the mortgagees of such units: approval of unit owners to which 80% of the votes in the Association appertain and all (a) The Association shall not take the following actions without the prior written
B: 02651 Pg 0334ąŚę omission. (i) Seek to abandon or terminate the condominium project by act or (whether to units or to common elements) for other than the repair, replacement or (ii) Use hazard insurance proceeds for losses to any condominium property the determination is made to so repair, reconstruct or rebuild in accordance with Paragraph 22(b) reconstruction in the event of substantial loss to the units and/or common elements (in the event and (c)). provided in the mortgage, by taking deed in lieu of foreclosure, or foreclosure of the mortgage (b) Any first mortgagee who obtains title to a unit pursuant to the remedies on a unit shall not be liable for the unpaid dues or charges attributable to such unit which have accrued prior to the acquisition of title to such unit by the first mortgagee. However, such mortgagee shall be responsible for unpaid dues or charges accruing after such acquisition. or Bylaws of the Association shall entitle a unit owner, Declarant, or any the party, to priority over (c) Nothing in this Declaration, nor any provision of the Articles of Incorporation proceeds or condemnation awards for losses to or the taking of units or common elements. any rights of the first mortgagees of units with regard to a distribution to unit owners of insurance units of any loss to, or taking of the common elements if such loss or taking exceeds $10,000.00 (d) The Association shall give written notice to any first mortgagees of individual or damage to a unit encumbered by such mortgagee exceeds $1,000.00. and records of the Association upon reasonable notice and during business hours. (e) Any first mortgagee of individual units shall have the right to examine the books a written notice from the Board of Directors of any default in the performance by the owner of (f) Any holder of a mortgage upon any unit, upon its request, shall be entitled to days. the unit upon which such mortgagee holds such first lien mortgage of any obligation under this Declaration, the Bylaws or the condominium instruments which is not cured within sixty (60) the Association (such request to state the name and address of such holder, insurer or guarantor and the unit number) will be entitled to timely written notice of: (g) A holder, insurer or guarantor of a first lien mortgage, upon written request to change in: (i) Any proposed Amendment of the Condominium instruments affecting a appertaining thereto; [A.] the boundaries of any unit or the exclusive easement rights appertaining to any unit or the liability for common expenses appertaining thereto; [B.] the interest in the general or limited common elements or [C.] the number of votes in the Association appertaining to any unit;
BL 02651 ₽ 0335 restricted; [D.] the purpose to which any unit or the common elements are or guaranteed by such eligible holder; of the Condominium or which affects any unit on which there is a first lien mortgage held, insured (il) Any condemnation loss or casualty loss which affects a material portion maintained by the Association pursuant to Paragraph 21. (iii) Any lapse, cancellation or material modification of any insurance policy due to an insurable hazard shall be substantially in accordance with the Declaration and the (h) Any restoration or repair of the Property after a partial condemnation or damage holder or holders are allocated, is obtained. on units to which at least fifty-one (51%) of the votes of units subject to mortgages held by such original plans and specifications unless the approval of the eligible holders of first lien mortgages condemnation or partial destruction of the Property may be effective without the approval of the (i) No relocation of interests in the common elements resulting from a partial votes of units subject to mortgages held by such first lien holders are allocated. eligible holders of first lien mortgages on units to which at least fifty-one percent (51%) of the 29. FINANCIAL BOOKS AND RECORDS.
mortgage on any unit and other lenders secured by any Unit, current copies of the Declaration, (a) The Association shall make available to unit owners, holders of any first lien statements of the Association. By-Laws and other rules governing the Condominium and any other books, records and financial audited financial statement, if such is prepared. of the Declaration, By-Laws, other rules governing the Condominium and the most recent annual (b) The Association shall make available to prospective purchasers current copies has an interest or prospective interest in the Condominium, the Association shall prepare and (c) Upon written request from any agency, entity, corporation or individual which furnish within a reasonable period of time an audited financial statement of the Association for officers, directors and employees of the Association and any other persons handling or 30. FIDELITY BONDS. The Association shall maintain appropriate fidelity bonds for all the Association as obligee and shall not be less than the estimated maximum of funds, including responsible for funds or funds administered by the Association. Such fidelity bonds shall name reserve funds, held by the Association, at any given time during the term of each bond. However, in no event may the aggregate amount of any such bonds be less than a sum equal to three months aggregate assessments on all units plus reserve funds. All such bonds shall
BL: 02651 Pg 0336 serving without compensation from the definition of"employees" or similar terms or expressions. contain waivers by the issuers of the bonds of all defenses based upon the exclusion of persons agent, shall be paid by the Association as a common expense. The bonds shall provide that The premiums on all bonds required herein, except those maintained by any management they may not be canceled or substantially modified (including cancellation for non-payment of premium) without at least ten (10) days' prior written notice to the Association, any Insurance Trustee and the FNMA Servicer of any FNMA mortgages on units.
condemnation proceedings or in negotiations, settlements and agreements with the condemning 31. CONDEMNATION. The Association shall represent the unit owners in the authority. Unit owners hereby appoint the Association as attorney-in-fact for such purposes. In authority for the acquisition of the common elements, or part thereof, by the condemning authority, the award or proceeds of settlement shall be payable to the Association, to be held the event of a taking or condemnation of part or all of the common elements by a condemning in trust for unit owners and their first mortgage holders as their interests may appear. The repair, reconstruction or rebuilding or the Property as a result of total or partial loss or destruction due to condemnation shall be governed by the provisions of paragraph 22.
§ 44-3-93 of the Act. 32. AMENDMENT. Any amendment to the Declaration shall be as provided in O.C.G.A. their hands and affixed their seals this IN WITNESS WHEREOF, the duly authorized members of Declarant have set day of August, 2002.
By: ARLINETON COMMONS
THOMAS W. SCOTT, , N, Member _(seal) By: DAVID R. MULKEY, Member _(seal) this Signed, sealed and delivered day of August, 2002
in the presence of:
Witness
Notary Public
NOTARY 21
19% PUBLIC MY 13
OCONEE CO
B₺ 02651 PE 0337
Exhibit A
Legal Description
in the 216" G.M.D., Athens-Clarke County, Georgia containing 2.291 acres, more or less, as ALL that tract or parcel of land, with all improvements thereon, situate, lying and being Brewer & Dudley, L.L.C., John F. Brewer, III, Registered Land Surveyor No. 2905, said plat shown on a plat entitled "Condominium Survey for Arlington Commons", dated May 4, 2004, by being incorporated herein by reference and being more particularly described as follows: right of way of Briarcliff Road, said iron pin being South 08 degrees 41 minutes 50 seconds East TO REACH THE TRUE POINT OF BEGINNING, begin at an iron pin situated on the western 202.47 feet from the intersection of Briarcliff Road and U.S. Hwy 78; run thence South 72 degrees 17 minutes 00 seconds West 6.19 feet to an iron pin and THE TRUE POINT OF 34.67 feet to an iron pin; continue thence along and around said right of way in a southeastern BEGINNING; run thence along said right of way South 18 degrees 26 minutes 47 seconds West seconds East 101.92 feet with an arc of 106.15 feet and a radius of 107. 86 feet; continue direction to a point, the chord measurement thereof being South 04 degrees 05 minutes 31 thereof being South 30 degrees 04 minutes 15 seconds East 91.77 feet with an arc of 91.77 feet thence along said right of way in a southeastern direction to a point, the chord measurement an iron pin, the chord measurement thereof being South 32 degrees 39 minutes 59 seconds and a radius of 5382.58 feet; run thence along said right of way in a southeastern direction to right of way run South 73 degrees 08 minutes 41 seconds West 108.88 feet to an iron pin; run East 119.32 feet with an arc of 119.33 feet and a radius of 2550.75 feet; thence leaving said thence South 28 degrees 52 minutes 26 seconds West 45.03 feet to an iron pin; run thence South 29 degrees 11 minutes 10 seconds West 64.26 feet to an iron pin; run thence North 78 30 minutes 54 seconds West 67.41 feet to an iron pin; run thence North 55 degrees 27 minutes degrees 25 minutes 57 seconds West 140.87 feet to an iron pin; run thence North 55 degrees East 100.11 feet to an iron pin; run thence North 53 degrees 33 minutes 57 seconds West 64.68 19 seconds West 61.15 feet to an iron pin; run thence North 40 degrees 02 minutes 16 seconds feet to an iron pin; run thence North 44 degrees 25 minutes 21 seconds East 90.03 feet to an iron pin; run thence North 18 degrees 47 minutes 16 seconds East 107.91 feet to an iron pin; THE TRUE POINT OF BEGINNING. and run thence North 72 degrees 17 minutes 00 seconds East 193.59 feet to an iron pin and
B: 02651 # 0338 CERTIFICATION
COMES NOW, David Matheny, Architect, who after being duly sworn, deposes and states, I prepared the plans for construction for Arlington Commons, a condominium located in Athens-Clarke County, Georgia, and have visited the site and viewed the property. To the best of my knowledge, information and belief: plans; (a) the exterior walls and roof of each structure are in place as shown on the (b) such walls, partitions, floors and ceilings, to the extent shown on such plans as constitute the horizontal boundaries, if any, and the vertical boundaries of boundaries of such unit. each unit have been sufficiently constructed so as to establish clearly the visible May, 2004. This Certification was executed at Athens-Clarke, Georgia on the /o" day of
David Matheny Da lathens _(SEAL)
(Seal)