Covenants (CC&Rs)
CC&Rs
College Glen Condominium Assoc., Inc.
Order: KZFR66T9S
Address: 116 Scandia Cir # 116 Order Date: 07-08-2023
Document not for resale
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FILED IN OFFICE
TATE OF GEORGIA CHERK SARI POR COLAT THIS INSTKUMENT PREPARED BY:
STEPHEN C. BAKER,
SUNTY OF ATHENS-CLARKE ATTORNEY AT LAW
SUITE 1200, ONE COMMERCE PLACE
day of may NASHVILLE, TENNESSEE 37239
Seal and signature of the Superior Court this said county do hereby Certify that the within is a
Athens-Clarke County Superior/State Court serri Gils Deputy clerk it appears on file in this office. Witness my official true and Correct copy of the original document as C.::
But Se
DECLARATION ESTABLISHING
TIVOLI CONDOMINIUM
THIS DECLARATION, made as of the Ist day of February, 1984,
by Athens Southeast Associates, a joint venture composed of South-
eastern Conversion Corporation, a Tennessee corporation, and Union
Financial Corporation, a Tennessee corporation, hereinafter referred
to as "Declarant", for itself, its successors, grantees, and assigns,
WITNESSEIH:
SUBMISSION TO CONDOMINIUM OWNERSHIP.
(a) The purpose of this Declaration is to submit the
land hereinafter described in Exhibit A, and the improvements con-
structed thereon, to the condominium form of ownership and use, in
the manner provided under the provisions of the Georgia Condominium
Act, O.C.G.A. $ 44-3-70 et seg., as amended, which may hereinafter be
referred to as the "Condominium Act.
(b) The name by which this condominium is to be identi- (68-7-01) 131/99% my bama + 15 00 1 88 7 29 1 fied is "rivoli Condominium", hereinafter called the "Condominium".
(c) The location of the Condominium is 285 Scandia
Circle, Athens, Georgia 30605.
(d) The land, which is hereby submitted to the condo-
minium form of ownership, is fully described in Exhibit A hereto,
which, by reference, is made a part hereof as fully as if copied
herein. The improvements located on such land include, but are not
limited to, fifteen (15) buildings containing two hundred (200)
residential condominium units, office, clubhouse, swimming pool,
tennis courts, basketball and volleyball court, picnic areas, laun-
dry rooms, maintenance shop, storage areas, stairs, sidewalks, paved
Order -R66T9S
Addrens 443eu83india Cir # 116
Order Date •08-2023
parking areas, driveways, and landscaping improvements. This land as more particularly described in Exhibit A shall hereinafter be re- ferred to as the "Land".
(e) The description and identification of the Apartment Buildings and the Units are shown on the Plat of Tivoli Condominium, qu/A1 filed for record in Condominium Plat Book / pagesh20 Office of the Clerk of the Superior Court of Clarke County; Georgia, (herein- after referred to as the "Plat") and the Plans of Tivoli Condominium, filed for record as Condominium Plan No. 4111,:aid Clerk's Office, (hereinafter referred to as the "Plans"),..,whichPlat and Flans are hereby incorporated by reference.
2. DEFINITIONS.
The terms used herein and in the By-Laws, which are attached hereto ad Exhibit B, shall have the meanings stated in the Condominium Act, and as follows:
(a) -Apartment Building means one of the buildings containing the Units.
(b) Assessment means a share of the funds reguirjed for the'payment of expenses and charges which from time to time may be assessed against each Unit Owner with respect to each Unit.
(c) Association means Tivoli Condominium'Association, Inc., a Georgia non-profit corporation, being the entity responsible for'the operation of the Condominium and its successors. Copies of the By-Laws and Articles of Incorporation of the Association are attached hereto, and made a part hereof as Exhibit B and C, respectively.
(d) Common Elements means all of the real property, improvements, and facilities of the Condominium, other than the Units, as the same are hereinafter defined.
(e) Common Expenses means the following:
(1) Expenses of administration of the Condo- minium;
(2) Expenses of maintenance, operation, repair, or replacement of the Common Elements and Limited Common Elements;
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(3) Expense of Utility Services;
(4) Expenses declared Common expenses by provi- sions of this Declaration or by the By-Laws; and
(5) Any valid charge against the Condominium as a whole.
(f) Declarant means Athens Southeast Associates, its successors and assigns, provided such successors and assigns'are designated in writing by, Declarant as a successor to or assign of the rights of Declarant set forth herein.
(g) Limited Common Elements means a portion of the Common Elements allocated by thig Declaration for the exclusive use of one or more but fewer than all the Units.
(h) Mortgage means a mortgage, deed to secure debt, deed of trust or other instrument conveying a lien upon or security title to property.
(i) Mortgagee means the holder of a mortgage.
(j) Unit shall mean the fee simple estate within an Apartment Building, as such area is identified, located and described on the Plans and as hereinafter set forth.
(1) The boundaries of each Unit shall be as follows:
(i) The upper boundary shall be its highest ceiling, (ii) The lower boundary shall be the upper unfinished surface of its floor (i.e. that surface directly beneath the carpeting, hardwood floors or other floor covering), (iii) The vertical boundaries (measuring the horizontal area of a Unit) shall be the perimeter walls.
(2) Notwithstanding the definition of the boundaries of a Unit contained in subparagraph (1) above, in order to more precisely define the boundaries of a Unit, the following shall govern in determining whether an item is part of the Unit, a Limited Common Element, or a portion of the Common Elements:
(i) all lath, furring, wallboard, plaster- board, plaster, paneling, tiles, wallpaper, paint, carpet, windows, Order: KZFR66T9S Address: 116 Scandia Cir # 116 Order Date: 07-08-2023 Document not for resale HomeWiseDocs
exterior doors, finished flooring and any other materials consti- tuting any part of the finished surfaces of the upper, lower and vertical boundaries, are part of the Unit, and all other portions of the walls, floors, or ceilings constituting part of such boundaries are a part of the Common Elements.
(ii) If any chute, flue, duct, wire, conduit, .
or any other fixture lies partially' within and partially outside the: - designated boundaries of a Unit, any portion thereof serving only that'Unit is a Limited Common Element allodated solely to that and any portion thereof serving more than one Unit or any portion_gf.- the Common Elements is a part of the Common Elements.- .
(iii) Subject to the provisions of the imme- diately preceding subparagraph (ii), all spaces, interior partitions, and Other fixtures and improvements within the boundaries of a Unit are a'- part of the Unit.
(iv) All air conditioning and heating equip- ment, patios, balconies, screens, and all other fixtures designed to serve'a single Unit, but located outside the Unit's boundaries, are Limited Common Elements allocated exclusively to that Unit.
(k) Unit Owner means the person or persons holding title, in fee simple to a Unit.
(1) Utility Services shall include, but not be limited to, sewer, garbage collection, electricity required to operate the light's and other elements deemed to be Common Elements by this Declaration, and other utility services provided the Condominium as a whole.
3. OWNERSHIP OF COMMON ELEMENTS AND COMMON EXPENSE.
LIABILITY. -
(a) Each Unit Owner shall own a share in the Common Elements, and shall be liable for payment of the percentage of Common Expenses equal to the percentage of the undivided interest in the Common Elements appertaining to each Unit as set forth in Exhibit A-7 attached hereto and by reference incorporated herein; provided, how- ever, that the Common Expenses incurred with respect to a Limited inA 43 nu e?Order: KZFR66T9S Address: 116 Scandia Cir # 116 Order Date: 07-08-2023 Document not for resale HomeWiseDocs
Common Element shall be paid by the owners of the Unit or Units to which such Limited Common Element was assigned at the time the expense was incurred as provided in Paragraph 7 of this Declaration.
(b) Any conveyance of an individual Unit shall be deemed to also convey the undivided interest of the Unit Owner in the Common Elements and Limited Common Elements appertaining to such Unit even if such conveyance does not specifically refer to such undivided interest.
4. MAINTENANCE AND ALTERATION OP UNITS.
(a) Maintenance and repair of the Unit shall be the responsibility and expense of the Unit Owner, except as follows:
(1) The Association at its own expense shall repair those portions of a Unit which sustain water damage, the primary cause of which is not the negligence of the occupants or Unit Owner of such Unit, nor the result of water leakage from the water.
heater in such Unit.
(2) The Association at its own expense shall clean the exterior surfaces of the windows at such intervals as determined appropriate by the Association.
(3) The Association at its own expense shall paint or otherwise maintain the exterior surface of the exterior.-doors at such intervals as determinedappropriate by the Associaticn.
(b) The Unit Owner shall not make any. changes, decorations or alterations of Iris Unit that would affect the exterior appearance of any portion of the Apartment B'uilding. No Unit Owner shall decorate the glass windows serving his Unit or otherwise change the appearance of the windows as viewed from the exterior of the Unit, except for drapes or curtains which must comply with the rules and regulations adopted by the Association.
(c) The Unit 6ivner shall promptly report in writing to the Association any defect or need for repairs, the responsibility for which is that of the Association.
(d) In replacing those portions of a Unit which affect the exterior appearance of any portion of the Apartment Building, the 44.3PILE Order: KZFR66T9S Address: 116 Scandia Cir # 116 Order Date: 07-08-2023 Document not for resale HomeWiseDocsrr.
Unit Owner shall use components of the same color, grade and style as those originally in place, unless written permission is otherwise obtained in advance from the Association.
(e) Except as reserved herein to the Declarant, neither a Unit Owner nor the AssoCiation shall make any alteration in the portions of a Unit or the Condominium which are to be maintained by the Association, or remove any portion thereof, or make any additions ther6to, or do anything which would jeopardize the safety or soundness of the Condominium, or impair any easement, without first obtaining approval in writing of the owners of all Units in which such:work is to be done, and the written approval of the Board of Directors of the Association. A copy of plans for all of such work prepared by an architect, licensed to practice in this state, shall be filed with the Association priorto the start of-the work, unless such'requirement is waived in writing by the Directors of the Association. The time of performance of such work must be approved, in advance, by the Directors of the Association, or their agent.
(f) If a Unit Owner fails to maintain and repair his iinitas required herein, the Association may perform such maintenance or repair and assess the Unit Owner for all expenses incurred, together with up to a twenty percent (208) service charge for the Association's services.
S. MAINTENANCE AND ALTERATION OF COMMON ELEMENTS AND
',PITTED COMMON ELEMENTS.'
(a) The maintenance, operation and repair of the Common Elements shall be the responsibility and the expense of the Association.
(b) The maintenance, operation and repair of the Limited Common Elements shall be the responsibility of the Association. The expense of such maintenance, opeation and repair shall be a Common Expense initially paid for by the Association but assessed back against the Unit Owners as provided for in Paragraph 7 of this Declaration, except as follows:
(1) Unit owners shall have the responsibility and bear the expense of maintaining and repairing all air_ conditioning fox 4 43rgi 89 4Order: KZFR66T9S Address: 116 Scandia Cir # 116 Order Date: 07-08-2023 Document not for resale HomeWiseDocs
and heating equipment serving their Units, whether such equipment is located inside or outside their Unit's boundaries.
(2) Unit Owners shall have the responsibility and bear the expense of maintenance, repair and-replacement of all screens serving their Units.
(3) Unit Owners with balconies or patios shall maintain their balconies or patios in an orderly and clean condition.
All structural repair or replacement of balconies or patios shall be the responsibility and expense of the Association. Maintenance and repair of the wooden fences, if any, enclosing patios shall:- be—the_ responsibility and expense of the Association.
(c) Unit Owners shall not make any changes, decorations or alterations of balconies, patios or any other Limited Common Ele- ment allocated to their Unit which would affect the exterior appear- ance of any portion of the Apartment Building.
(d) If a Unit Owner fails to maintain and repair any Limited Common Element allocated to his Unit as required herein, the Association may perform such maintenance or repair and assess the Unit Owner for all expenses incurred, together with up to a twenty percent (20%) service charge ,for the Association's services.
(e) Except as reserved herein by Declarant, there shall be no alteration or further improvement of the Common Elements with- out prior approval in writing by the owners of not less than one- half (1/2) of the votes of the Association, except as provided by the By-Laws, and any such alteration or improvement, if undertaken, shall not interfere with the rights of any mortgagee or Unit Owner. The shares of any cost of such alteration or improvement shall be assessed to the Unit Owners in accordance with their interest in the Common Elements. There shall be no change in the shares and rights of a Unit Owner in the Common Elements which are altered or further improved.
b. CHART OF IDENTIFICATION OF CONDOMINIUM COMPONENTS AND ALLOCATION OF MAINTENANCE RESPONSIBILITY AND 'EXPENSE.
The Chart of Identification of Condominium Components Order: KZFR66T9S and Allocation of Maintenance Responsibility and Expense attached Address: 116 Scandia Cir # 116 hereto as Exhibit A-2 provides for the following:
Order Date: 07-08-2023 .nr1L 4.3P1cE E2 Document not for resale HomeWiseDocs .1tVMVIrn,r""
(a) identification of the components of Units, Limited Common Elements and Common Elements;
(b) allocation of maintenance responsibility for such components; and
(c) designation of the party responsible for the -expense of maintenance of such components. ---- The-chart is merely illustrative and is not intended as an exclusive identification of condominium components or allocation of maintenance responsibility and expense. It does not affect other identifications or maintenance and expense allocations made by this Declaration or the By-1 s.
7. ASSESSMENTS AND ASSESSMENT LIEN.
(a) Assessments against Unit Owners for Common Expenses shall be made pursuant to the By-Laws and shall be allocated as set forth in Paragraph 3 of this Declaration. Any Common Expense . .
associated with the maintenance, repair, or replacement of a Limited ComMon E ement, however, shall be assessed in equal shares against theUnits to which that Limited Common Element was assigned at the time the expense was incurred, except as otherwise provided in Paragraph S of this Declaration.
(b) Assessments, and installments thereon, paid on or before fifteen days after the date when due shall not bear interest, but:all sums not paid on or before fifteen days after the date when due .:shall bear interest at the rate of interest determined by the Association,. which rate shall not exceed the maximum rate allowed under applicable laws, and shall be subject to a late charge not in excess of the greater of $10.00 or ten percent of the amount of each assessment or installment thereof not paid when due, or such other amount as provided by the Condominium Act, as amended. All payments upon account shall be first applied to late charges, then interest and then to the assessment payment first due.
(c) The Association shall have a lien for unpaid assessments as provided 'by the Condominium Act and this Declaration.
Such lien shall also secure interest, late charges, reasonable h:3rseL•2 Order: KZFR66T9S Address: 116 Scandia Cir # 116 Order Date: 07-08-2023 Document not for resale HomeWiseDocs
attorney's fees and all costs of collection incurred by the Associa- tion incident Lu the collection of such assessment or enforcement of such lien. Such lien shall also secure the fair rental value of the Unit from the time an action is instituted until the Unit is sold at a foreclosure sale or until the judgment rendered in the action is otherwise satisfied.
(d) The Association shall give at least fifteen days' notice prior to foreclosure to the Unit Owner by certified mail, .
return receipt requested, both at the address of the Unit and at any other address designated by the Unit Owner in writing to the Assort ciation. Thereafter, the lien for delinquent assessments may be foreclosed by the Association by an action, judgment, and foreclosure in the manner provided by the laws of the State of Georgia. The lien for assessments shall lapse and be of no further effect as to assessments or installments thereof, together with late charges and interest applicable thereto, which first become due and payable more than three years prior to the date upon which the notice required hereby is given or more than three years prior to the institution of an action therefor if an action is not instituted within ninety days after the giving of notice.
(e) The Unit Owner and his grantees shall be jointly and severally liable for all unpaid assessments due and payable at the time of a conveyance, but without prejudice to the rights of the grantees to recover from the grantor the amounts paid by the grantee for delinquent assessments, provided, however, that if the grantor or grantee requests a statement from the Association as.provided in sub- section (g) of this Paragraph 7, such grantee and his successors, successors-in-title, and assigns shall not be liable for nor shall the Unit conveyed be subject to a lien for any unpaid asessments against such grantor in excess of any amount set forth in the state- ment. Such liability may not be avoided by a waiver of the use of . any Common Element or by the abandonment of the Unit. The Associa- tion shall have the right to sue for and collect any such -unpaid assessments, to foreclOse upon the lien sect/ring the-assessments or to institute any other competent proceeding.. In any event, the lp Order: KZFR66T9S Address: 116 Scandia Cir # 116 Order Date: 07-08-2023 Document not for resale HomeWiseDocs
Association shall be entitled to recover all delinquent payments, together with late charges, interest, and all costs of collection, including reasonable attorneys' fees.
(f) A purchaser of a Unit at a foreclosure sale upon a first or second purchase money mortgage shall be liable only for assessments coming due after such sale and for the portion of due assessments prorated for the period after the date of such sale;
provided, however, that the unpaid share of an assessment shall he deemed to be a Common Expense collectible from all Unit Owners, including such purchaser, his successors, successors-in-title, and assigns.
(g) Any Unit Owner, mortgagee of a Unit, person having executed a contract for the purchase of a Unit, or a lender con- sidering the loan of funds to be secured by a Unit shall be entitled upon:request, to a statement from the Association setting forth the amount -of unpaid assessments, interest and late charges applicable to such'Unit. Such request shall be in writing and shall be delivered to the registered office of the Association indicating the address to which the statement is to be sent. The Association shall have five business days from the receipt of such request within which to furnish such statement. If the Association fails to furnish the statement within five business days, the lien for such delinquent assessments shall be extinguished and of no further effect as to_the titleacquired by the purchaser or lender, if any, as the case may be, and their respective successors and assigns, in the transaction contemplated in connection with the request. The Association may charge a. reasonable fee, not in excess of $10.00, for the issuance of such statement.
8. EASEMENTS.
Easements are hereby granted as follows:
(a) The following easements are granted to the Association for the following purposes:
(1) Easements through or over the Units and any Limited Common Element allocated to any Unit for conduits, ducts, ore 4:13st. E2 Order: KZFR66T9S Address: 116 Scandia Cir # 116 Order Date: 07-08-2023 -10- Document not for resale HomeWiseDocs
plumbing, wiring and other facilities for the furnishing or repair of utility service to Units, Limited Common Elements or Common Elements;
(2) Easements through or over the Units and any Limited Common Element allocated to any Unit for the purpose of maintaining or repairing any portion of the Common Elements, Limited Common Elements or any Unit.
(3) Easements of support in every portion of a Unit which contributes to'the support of the Apartment Building, including easements for access to and repair of such elements of support;-- •
(4) Easements for encroachments of any portion of the Common Elements upon the boundary of any Unit whether'caused by the settlement of the Apartment Building or by minor inaccuracies in the Plat or Plans of the Condominium, or rebuilding of any part of the Apartment Building, whether such encroachments now exist or hereafter may exist. All such easements shall continue until such encroachments shall cease to exist.
(b) As an appurtenance to each Unit, easements are granied.ta—fhe'Unit Owners for the following purposes:
(1.) For encroachments by any portion of the boundaries of each Unit upon the Common Elements, whether caused by the settlement of the Apartment Building or by minor inaccuracies in the Plat or Plans of the Condominium, or rebuilding of any part of the Apartment Building, whether such encroachments now exist or hereafter may exist. All such easements shall continue, until such encroachments shall cease to exist.
(2) Easements through or overItheUnits and any Limited Common Element allocated to any Unit for• the purpose of performing any maintenance and repair required of such Unit owner by this Declaration or the Condominium Act.
(c) Easements are reserved to Declarant, its agents and invitees to the extent necessary, as determined by Declarant, to enable Declarant to carry on any sale or leasing activity, as more specifically provided for in Paragraph 20 of this Declaration--
(d) To the extent that any damage occurs to the Common Elements, Limited Common Elements, or any Unit as the result of the Order: KZFR66T9S 43nuPla Address: 116 Scandia Cir # 116 Order Date: 07-08-2023 Document not for resale -11- HomeWiseDocs
use of the easements granted by this Paragraph, the party causing such daMage, either directly or through agents, employees or others, shall be liable for the prompt repair thereof.
9. RIGHTS OF MORTGAGE HOLDERS IN RELATION TO ASSESSMENTS.
(a) The liens as herein set out for the enforcement of assessments shall in all respects be subordinate to first mortgage liens on the individual Units, as well as any other liens superior to the assessment lien pursuant to the' terms of the Condominium Act.
(b) The holder of a first mortgage, upon reques,-shall.
be notified by the Association in writing of any default by the.
mortgagor of a Unit in the performance of such mortgagor's obliga- tions under the condominium documents which is not cured within sixty
(60) days.
(c) The holder of a first or second purchase money mortgage who obtains title to a Unit by reason of foreclosure of a first or second purchase money mortgage covering a Unit, or by a deed in lieu of foreclosure of such first or second purchase money mart- gage, shall take the Unit free of any claims for unpaid assessments or r.harges against the Unit which accrue prior to the acquisition of title; provided, however, that the unpaid share of such assessments or charges shall be deemed to be a Common Expense collectible from all Unit-Owners, including such holder, his successors, successors- in-,title and assigns. The preceding sentence shall not be construed to prevent the Association from filing liens for such assessments and enforcing them against the prior Unit Owner as provided by law.
10. ASSOCIATION. The operation of the Condominium shall be by Tivoli Condominium Association, Inc., herein called the Associa- tion, a non-profit corporation under the laws of Georgia, which shall be organized and shall fulfill its functions pursuant to the follow- ing provisions:
(a) The members of the Association shall be the Unit Owners.
(b) The aggregate number of votes for all Unit Owners shall he two hundred (200), and one (1) vote shall be allocated to Order: KZFR66T9S 411.3fitiE21 Address: 116 Scandia Cir # 116 Order Date: 07-08-2023 Document not for resale -12- .Su HomeWiseDocs
each Unit; provided, however, that no vote shall pertain to a Unit during such time as the Unit Owner thereof is the Association.
(c) The By-Laws of the Association shall be in the form attached as Exhibit "B."
(d) The Association. shall be incorporated under Articles of Incorporation in the form attached as Exhibit "C."
(e) The stiare of a member in the funds and assets of the Association cannot be assigned, hypothecated, or transferred in any manner, except as an appurtenance to a Unit.'-''
(f) Whenever the decision of a Unit Owner is required under any matter, whether or not the subject of an Association meeting, such decision shall be expressed by the same person' who would cast the vote of such Unit Owner if in an Association meeting, unless the joinder of the record Owner of the Unit is specifically required by this Declaration.
11. INSURANCE:
insurance coverage:
(a) The AOCiaCiOn shall maintain the following
(1) Multi-peril, all risk type, fire and extended coverage insurance covering the entire Condominium, all improvements upon the Land, all Apartment Buildings, all additions and extensions attached thereto, all appliances, fixtures, machinery and equipment constituting a part of the Apartment Buildings, including, but not limited to all air-conditioning and heating equipment, refrigerators, disposals, stoves, exhaust fans, dishwashers, sinks, countertops and cabinets, whether located within or outside the boundaries of individual Units and whether such appliances, fixtures, machinery and equipment are owned in common or owned by an individual Unit Owner • , (excluding all improvements and additions to Units made by Unit Owners after the creation of the Condominium and personal property contents of the Units) and all personal property included in the Common Elements and Limited Common Elements. The multi-peril, all risk type policy purchased by the Association shall provide insurance on a replacement cost basis in an amount not less than that necessary nK 4iAlx,Ee211 Order: KZFR66T9S Address: 116 Scandia Cir # 116 Order Date: 07-08-2023 Document not for resale -13- HomeWiseDocs
to .comply with any co-insurance percentage stipulated in the policy.
The face amount of such policy or policies shall not be'less than one hundred percent (100%) of the insurable value (based upon replacement cost) of the property required to be covered by this paragraph. Such policy shall contain an agreed value endorsement. Such insurance coverages may exclude foundation and excavation costs, but shall afford protection against loss or damage as-is commonly covered by a mufti-peril all risk type policy with fire and extended coverage endorsement, and such other risks as are customarily covered with respect to buildings similar to the Apartment Buildings. The multi- peril, all risk type insurance policy shall be purchased by the Association for the use and benefit of individual.Unit Owners and their mortgagees. The Association shall issue certificates of insurance to each Unit Owner showing and describing the insurance--- coverage for the interest of each such Unit Owner, and shall develop procedures for the issuance, upon request, of a certified copy of the ----policy together with standard mortgagee endorsement clauses to the mortgagees of Unit Owners. Such policy shall waive rights of sub- rogation as between Unit Owners. To the extent that insurance proceeds are available, Unit Owners covered by such multi:peril; all risk type insurance policies purchased by the Association or them- selves, shall not be liable for damage caused by their acts, or negligent acts which cause damage to the Common Elements, Limited Comion Elements, or any Unit.
(2) Public liability insurance shall be secured in such amounts, and with such coverage, as shall be determined by the Board of Directors of the Association but such policy or policies shall be in an amount not less than One Million Dollars ($1,000,000)
per occurrence, including, but not limited to, hired automobile and non-owned automobile, with cross-liability endorsement to cover lia- bilities of the Unit Owners as a group to individual Unit Owners.
The policy or policies shall cover the Association, the Board of Directors and officers of the Association, all agents and employees of the Association, and all Unit. Owners and other perso.ns entitled to occupy any Unit or other portioripoftheCondominipmr rrk 4 4:3rAsE 1 .Order: KZFR66T9S Address: 116 Scandia Cir # 116 Order Date: 07-08-2023 Document not for resale HomeWiseDocs
(3) Flood insurance in an appropriate amount at least equal to the lesser of (i) the maximum coverage available now or hereafter under the National Flood Insurance Program for all buildings and other insurable property within any portion of the Condominium located within a designated flood hazard area; or (ii)
100% of current "replacement cost" of all such buildings and other insurable property.
(4) Workman's compensation as required by law;
(5) Directors and officers liability insurance in an amount determined by the Board of Directors, but not less than $250,000 per occurrence; and
(6) Such other insurance as the Association shall determine from time to time to be desirable and in the best interest of Unit Owners;
(b) The Association shall give Declarant thirty (30)
days notice prior to making any change in the carrier, type of coverage, or. policy limits of any insurance policy maintained by the Association. Any change which has the effect of decreasing the type or amount of insurance required under the terms of this Declaration, or which lowers the rating required of an insurance carrier, shall require prior approval'in writing of seventy-five percent (75%) of the votes of the Association and fifty-one percent (51%) of the first mortgagees (based upon one vote for each Unit upon which a mortgage is owned).
(c) All policies of insurance shall show the named insured, in form and substance, similar to the following:
"Tivoli Condominium Association, Inc., for use and benefit of the individual Unit Owners." Such policy shall contain, or have issued in connection therewith, a loss payable clause which shall provide that any proceeds due Shall be paid to the Insurance Trustee, as hereinafter defined, subject to the provisions of this Declaration for the use and benefit of the mortgagees of individual Units, if any, and Unit Owners as their interests may appear. If the title insurance policies furnished Unit Owners by Declarant upon the sale of individual Units insure such Unit Owners against ex,i sting 41.3fnEli21 Arat..t1W- Order: KZFR66T9S Address: 116 Scandia Cir # 116 Order Date: 07-08-2023 -15- Document not for resale HomeWiseDocs
liens affecting the Condominium, the Association's hazard insurance policy shall name the holders of such liens an mortgagees in a standard mortgagee loss payable clause as their interests may appear, until such existing liens are released of record.
(d) All hazard insurance policies shall be written by a hazard insurance carrier which has a financial rating by Best's Inst;rance Reports of B-V1 or better, and is licensed in the State of Georgia.
• -•
(e) Premiums upon insurance policies purchased by the Assc‘clation shall be paid by the Association and the costs thereof inclUded in the Common Expenses.
(f) The Association is hereby irrevocably appointed agent for each Unit Owner to purchase insurance as described and set forth in (a), (1), (2). (3), (4) (5) and (6) above and to adjust all claims arising under insurance policies purchased by the Association with the consent of mortgagees holding liens on the affected property and with the consent of such mdrtgagees to execute and deliver releases upon the payment of claims. However all insurance drafts, notices, policies,- invOltes,'and Other necessary documents shall' be deliVered; after settlement, directly to the affected mortgagee or its servicer.
12. RESPONSIBILITIES OF INSURANCE TRUSTEE.
(a) All insurance policies purchased by the Association shall provide that proceeds covering property losses shall be paid to any bank in Georgia which is selected by the Association as a Trustee, which bank is herein referred to as the Insurance Trustee.
The Insurance Trustee shall not be liable for payment of premiums, for the renewal or the sufficiency of policies, or for the failure to collect any insurance proceeds.
(b) The duty of the Insurance Trustee shall be to receive such proceeds as are paid, and to hold them in trust for the benefit of the mortgagees of individual Units, if any, and Unit Owners as their interests may appear. An undivided share of such proceeds on account of damage to Common Elements shall be allocated 1143N.SEEP.I.
Order: KZFR66T9S Address: 116 Scandia Cir # 116 Order Date: 07-08-2023 Document not for resale HomeWiseDocs
to the Unit Owners according to their ownership interest in the Com;
mon Elements as set forth in Pataytaph 3: In the event a mortgagee endorsement has been issued as to a Unit, the share of the Unit Owner shall be held in trust for the named mortgagees and the Unit. Owner as their interests may appear.
(c) Expenses and fees of the Insurance Trustee shall he paid by the Association and costs thereof included in the Common Expenses.
(d) Proceeds of insurance policies received by the Insurance Trustee_shall be distributed as follows:
(1) If the damage for which the proceeds are paid_ is to be repaired or reconstructed, the proceeds shall be expended as provided in Paragraph 16. Any proceeds remaining after payment of repair or reconstruction expenses shall be distributed to the beneficial owners, with remittances to Unit Owners and mortgagees of Units being payable jointly to them. This is a covenant for the benefit of any mortgagee of a Unit and may be enforced by such mortgagee.
(2) If it is determined, as provided in Paragraphs 13 and 14, that the damage for which the proceeds are paid shall not be reconstructed or repaired, the proceeds shall be distributed to the mortgagees of any Units, and Unit Owners as their interests may appear. This is a covenant for the benefit of any mortgagee and may be enforced by such mortgagee.
(3) In making distributions to Unit Owners and mortgagees, the Insurance Trustee shall rely upon a certificate executed (i) by the Association as to the names of the Unit Owners, and (ii) by each of the mortgagees as to their respective shares of the distribution.
13. DAMAGE OR DESTRUCTION OF UNITS.
(a) In the event of damage to or destruction of any Unit, the Unit Owner shall cause the Unit to be restored. Any funds required for such restoration in. excess of the insurance proceeds attributable thereto shall be paid by the Unit Owner of the damaged Unit.
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(b) In the event that the Unit Owner of the damaged .
Unit, together with the owners of. other Units to which two-thirds (2/3) of the votes of the Assoctation pertain, agree not to restore t tie lln it, the Unit shall not be restored, The undivided interest in the Common Elements pertaining to the damaged Unit shall then pertain to the remaining Units, to be allocated to them in proportion to their undivided interests in the.-Common Elements. Any remaining inixtion of the damaged Unit shall thenceforth be a part of the Common Elements. Votes in the Association and liability for future Common Eipenses shall thereupon pertain to the remaining Units, being allocated to them in proportion to their relative voting strength in the Association and liability for Common Expenses, respectively.
14. DAMAGE OR DESTRUCTION OF COMMON ELEMENTS.
If Common Elements are damaged, they shall be recon- structed or repaired by the Association, unless, it .is determined under Paragraph 27 that the Condominium shall be terminated, or unless the damage is to portions of Apartments Buildings which serve only Units which will not be restored pursuant to Paragraph 13 of this Declaration.
15. RECONSTRUCTION OR REPAIR.
Any reconstruction or repair, whether to Units or Common Elements, must be substantially in accordance with the original plans and specifications or it not, then according to plans and specifica- tions approved by the Board of Directors of the Association, and, in the case of reconstruction or repair of Common Elements, by the Owners of Units with two-thirdsA2/34 of the Common Elements appurtenant thereto, including theOWners of all damaged Units, high.
approval shall not he unreasonably wiihheld.
16. RESPONSIBILITIES AND PROCEDURES AS TO PAYMENT FOR
REPAIRS.
(a) If damage occurs to those parts of a Unit or Limited Common Element that the Unit Owner has the responsibility of r7( etkuig?.1 Order: KZFR66T9S Address: 116 Scandia Cir # 116 Order Date: 07-08-2023 -18- Document not for resale HomeWiseDocs
maintaining and repairing, then the Unit Owner shall he responsible for the prompt reconstruction and repair of such damage after the casualty. In all other instances, the Association shall have the responsibility of reconstruction and repair. In the event the Unit Owner fails to make such repairs or reconstruction promptly, the Association reserves the right to make such repairs and to assess the Unit Owner for all expenses, together with a service fee -of up to twenty percent (20%) of such expenses for the Association's services.
(b) Immediately after a casualty causing damage to property for which the Association has the responsibility of maintenance and repair, the Association shall obtain reliable and detailed estimates of the cost to rebuild or repair the damaged property to a condition as good as that existing immediately before the casualty.
(c) If the proceeds of insurance are not sufficient to defray the estimated costs of reconstruction and repair by the Asso- ciation, assessments shallbe made against the Unit Owners who own the damaged Units or to whom the damaged Limited Common Elements are allocated, and against all Unit Owners in the case of damage to Common Elements, in sufficient amounts to provide funds to pay the estimated costs. Additional assessments may be made at any time during or following the completion of construction. Such assessments against Unit Owners for damage to Units shall be in proportion to the cost of reconstruction and repair of their respective Units. Such assessments against Unit Owners for damage to Limited Common Elements shall be in proportion to the cost of reconstruction and repair of the Limited Common Elements allocated to their respective Units.
Such assessments on account of damage to Common Elements shall be in proportion to the Unit Owner's ownership interest in the Common Elements.
(d) If the amount of the estimated costs of reconstruc- tion and repair for which the Association is responsible is more than Thirty Thousand Dollars ($30,000.00) in excess of the amount of in- surance proceeds available for such reconstruction or repair, the assessments paid to meet such costs shall be deposited by the irix .4 4.3m. 821 Order: KZFR66T9S Address: 116 Scandia Cir # 116 Order Date: 07-08-2023 -19- Document not for resale HomeWiseDocs
Assbciation with the insurance Trustee. In all other cases, the Association shall hold the sums paid upon such assessments and disburse them in payment of the costs of reconstruction and repair.
(e) The proceeds from assessments and insurance received by the Insurance Trustee shall be disbursed as follows;
(1) The portion of the insurance proceeds for damage whiCh is the responsibility of the Unit Owner to repair or recOn- striAct shall be paid by the Insurance Trustee to the Upit owner for such repair or reconstruction, or if there is a mortgagee endorse- ment, then to the Unit Owner and the mortgagee jointly.
(2) The portion of insurance proceeds for damage which is the responsibility of the Association to repair or recon- struct shall be disbursed in payment of the costs of such repair and reconstruction in the manner required by the Board of Directors of theAssociation.
17. USE RESTRICTIONS.
The use of the Condominium shall be in accordance with the! ollowing provisions:.
(a) Each of the Units shall be occupied only by (1) a family, individuals or guests as a residence, and for no other pur- pose. No Units may be rented on a daily or weekly basis.
(b) No Unit may be divided or subdivided into a smaller Unit, nor any portion thereof sold or otherwise transferred. This restriction shall apply only to the subdivision of Units which is intended to result in the creation of two or more new Units in place of the subdivided Unit. Nothing herein :al be construed to prohibit the relocation .of boundaries of adjoining Units, which relocation is permissible pursuant to Paragraph 18 of this Declaration.
(c) Two or more adjoining Units may be used as a single residence subject to the use restrictions of this Paragraph 17. Use of adjoining Units as a single residence shall in no way alter the aggregate undivided interest in the Common .Elements, the number of.
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pertaining to such adjoining Units. The Common Elements located between and separating two or more adjacent Units used together may be altered or removed by the Unit Owner of such adjoining Units to afford ingress and egress to and from such Units to enhance the use of such Units as a single residence. Alterations permitted by this Paragraph shall not be deemed to be an alteration of boundaries within the meaning of Paragraph 10 of this Declaration. The Unit Owner's right to use this portion of the Common Elements shall be ___deemedtobepurSuant to a license agreement With the Association subject to the following conditions:
(1) The expense of making such alterations shall be paid in full by the Unit Owner or Owners making such alterations;
(2) In the event such Units shall cease to be used as a single residence, the Unit Owner or Owners shall pay the full expense of restoring such Common Elements to their condition prior to such alterations; and
(3) The Unit Owner must comply with the require- ments of Paragraph 4, subparagraph (e) of this Declaration for the construction or removal of the Common Elements separating such Units,
(d) The Common Elements shall be used only for the purposes for which they are intended in the furnishing of services and facilities for the enjoyment of the Units.
(e) No use or practice shall be permitted on the Condominium which is the source of annoyance to residents, or which interferes with the peaceful possession and proper use of the Condominium by its residents. All parts of the Condominium shall be kept in a clean and sanitary condition, and no rubbish, refuse, or garbage shall be allowed to accumulate, nor any fire hazard allowed to exist. No Unit Owner 'Shall permit any use of his Unit, or of the Common Elements; which will increase the rate of insurance upon the Condominium. No immoral, improper, offensive, or unlawful use shall be made of the Condominium or any part thereof. All valid laws, zoning ordinances, and regulations of all governmental bodies having jurisdiction thereofshall be observed. The responsibility of .1.113MEen Order: KZFR66T9S Address: 116 Scandia Cir # 116 Order Date: 07-08-2023 Document not for resale HomeWiseDocs
meeting the requirements of governmental bodies which require maintenance, modification, or repair of the Condominium shall be the responsibility of the person or entity responsible for the mainte- nance and repair of the property concerned. .
(f) Reasonable rules and regulations concerning the use of the Condominium property may be made and amended from time to'time by the Association in the manner provided by its Articles'of Incorpo- ration and By-Laws. Copies of such regulations and amendments thereto shall be furnished by the-Association to all Unit Owners; and residents of the Condominium upon request.
18. RELOCATION OF BOUNDARIES BETWEEN UNITS.
Relocation of the boundaries between adjoining Units is permissible subject to the following conditions:
(a) The Unit Owners of adjoining Units who wish toy.
relocate the boundaries of their Units shall make written application to the Association. The Association shall also be provided with the written consent of the mortgagees of the Units involved. Upon receipt of these items, the Association shall immediately prepare and execute appropriate instruments pursuant to subsections (b) and (c)
of this Paragraph 18.
(b) An amendment to the Declaration shall identify. the Units involved and shall state that the boundaries between those.
Units are being relocated by agreement of the Unit Owners thereof.
The Unit Owners of the Units involved shall Specify in their written application any reallocations between the Units involved of the aggregate undivided interest in the Common Elements, votes in the Association, and liabilities for Common Expenses, or anyone or more thereof, pertaining to those Units or shall specify that there shall be no such reallocations. The amendment to the Declaration shall reflect such reallocations or the absence thereof if deemed reasonable by the Board of Directors. If the reallocations specified by the Unit Owners of the Units involved or the absence thereof is deemed unreasonable by the Board of Directors, it shall so notify such Unit Owners and permit them to amend their written application so as to specify reallocations acceptable to the Board.
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(c) Any plats or plans necessary to show the altered boundaries between the Units involved, together with their other boundaries, shall be prepared,..and.the Units depicted thereon shall __— bear their identifying numbers. The plats or plans shall indicate the new dimensions of the Units involved. The plats or plans shall he certified as to their accuracy and compliance with the Condominum Act by a registered land surveyor in the case of any plat avqby a registered architect or registered engineer in the case of any plan.
(d) When appropriate instruments have been prepared and executed by the Association in accordance with subsections (a), (b)
and (c) of this Paragraph, they shall be delivered immediately to the Unit.Owners of the Units involved upon payment by them of all reason- able costs for the preparation, execution, and recordation thereof.
The instruments shall become effective when the Unit Owners of the Units involved and the mortgagees of the Units have executed them and they have been recorded. The recording of such instruments shall be conclusive evidence that any reallocations made pursuant to sUbseC- -____:_ tion (b) were reasonable and were approved by the Board of Directors.
Upon recordation, the instruments shall effectuate conveyancingby and between the Unit owners of the Units involved regardless of whether the instruments contain or provide for the use of.convey- ancing language.
19. ASSIGNMENTS AND REASSIGNMENTS OF LIMITED COMMON
ELEMENTS.
(a) No Limited Common Element shall be assigned or reassigned except in accordance with the Condominium Act. No amendment to this Declaration shall alter any rights or obligations with respect to any Limited Common Element without the consent of all Unit Owners whose use of the Limited Common Element is or may be directly affected by the assignment or reassignment, as evidenced by their execution of the amendment.
(b) A Limited Common Element may be reassigned upon written applicAtion'tb:61e Association by the Unit owners whose use of the Limited Common Element is or may he directly affected by the rrix 44.f.3r.v.EPI Order: KZFR66T9S Address: 116 Scandia Cir # 116 -23- Order Date: 07-08-2023 Document not for resale HomeWiseDocs
reassignment. The Associationshall immediately prepare and execute ' an amendment to this Declaration reassigning all rights and obliga- tions with respect to the Limited Common Element involved. Such amendment shall be delivered immediately to the Unit Owners of the Units whose use of the Limited Common Element is or may be directly affected by the reassignment upon payment by them of all reasonable costs for the preparation, execution and recordation thereof. The amendment shall become effective when the Association and the Unit Owners of the Units whose use of the Limited Common Element is Or may bedirectly affected by the reassignment have executed and recorded the SaMe:-.
(c) A Common Element not previously assigned as a Limited Common Element may not be assigned as a Limited Common Element.
20. DECLARANT'S UNITS AND PRIVILEGES.
(a) Declarant is irrevocably empowered, notwithstanding anything herein to the contrary, to sell, lease, or rent Units to any person approved by it. Declarant shall have the right to transact, onthe Condominium property, any business deemed necessary by Declarant to consummate the sale, lease, or resale of Units, in- cluding, but.not limited to, the right to post signs, to reserve parking spaces for prospective purchasers, to maintain model units and sales offices, to use the Common Elements and to show Units.
Signs and all items pertaining to sales shall not be considered Common Elements and shall remain the property of Declarant.
(b) As long as the Declarant owns any Unit primarily for the purpose of sale, neither the Unit Owners, nor the Associa-.
tion, nor the use of the Condominium property, shall interfere with the sale of.such Unit, and, so long as there are unsold Units, the Declarant shall own such Units under the same terms and conditions as other Unit Owners, save for the right to sell, rent or lease as contained in this Paragraph, including the privilege to vote and the duty to pay assessments on the Units so held.
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21. PROFESSIONAL MANAGEMENT.
The Association shall enter into a contract for the management of the Condominium with a professional management company.
Any decision to establish self management by the Association shall require the prior written consent of sixty-seven percent (67%) of the votes of the Association and the approval of fifty-one percent (51%)
of the first mortgagees (based upon one vote for each Unit upon which a'MOitgage.is owned).
22. NOTICE OF MORTGAGE LIEN OR SUIT.
(a) A Unit Owner shall give notice to the Association °r every lien upon his.Unit other than for taxes and special assess- ments, within ten (10) days after the attaching of the lien.
(b) Notice shall be given to the Association of every suit or other proceeding which may affect the title to a Unit within five (5) days after the Unit Owner receives knowledge thereof.
(c) Failure to comply with this Paragraph 22 will not affect the validity of any mortgage instrument or the enforcement thereof at any public or judicial sale.
23. COMPLIANCE, DEFAULT AND REMEDIES.
Each Unit Owner shall be governed by, and shall comply with, the terms of this Declaration, the Articles of Incorporation, By-Laws, and Rules and Regulations adopted pursuant thereto, as any of the same may be amended from time to time,- In addition to the remedies provided by the Condominium Act, a default by a Unit Owner shall entitle the Association, acting through the Board of Directors or through the Managing Agent, to the following relief:
(a) Additional Liability. A Unit Owner shall be liable for the expense of any maintenance,_ repair, or replacement rendered necessary by his act, neglect, or carelessness, or by that of any member of his family, or his or their guests, employees, agents, or lessees,-but only to the extent that such expense is not met by the proceeds Of insurance carried by the Association. Such liability shall-include any increase in fire insurance rates occasioned by use, misuse, occupancy, or abandonment of a Unit, or its appurtenahces.
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(b) Costa and Attorney's Fees. In any proceeding arising because of an alleged default by a Unit Owner, the prevailing party shall be entitled to recover the costs of the proceeding and such reasonable attorney's fees as may be awarded by the court.
(c) No Waiver of Rights. Failure of the Association or any Unit Owner to enforce any covenant, restriction or other provision of the Condominium Act, this' Declaration, the Articles of Incorporation, the By-laws, or the Rules and Regulations adopted purSuant thereto, shall not constitute a waiver of the right to do so thereafterr--Ali-rights- , remedies and privileges granted to the Association or any Unit Owner pursuant to the terms of the Condominium Act, this Declaration, the By-laws or Rules and Reguations of the Association shall be deemed to he cumulative and the exercise of any one or more thereof shall not be deemed to constitute an election of remedies, nor shall it preclude the party exercising such other privileges as may be granted to such party by the Condominium Act, the condominium instruments above named, or at law or equity.
" .
(d) Abating and Enjoining Violations, tie violation of any restriction, condition or regulation adopted by the Board of DireCtors, or the breach of any covenant or provision herein contained, shall give the Board of Directors or its Managing Agent the right, in addition to any other rights provided for in this Declaration:
(1) to enter (either peaceably or forceably without liability to such Unit Owner for such entry) upon the Unit, or any portion of the Condominium upon which or as to which such )
violation or breach exists, and to summarily abate and remove, at the expense of the defaulting Unit Owner, any structure, thing or condition that may exist thereon contraryto the intent and meaning of the provisions hereof, and the Board of Directors, or its employees or agents, shall not thereby be deemed guilty in any manner of trespass; or
(2) to enjoin, abate pr remedy by appropriate legal proceedings, either at law or in equity, the continuance of any breach.
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(e) Legal PLuceedings. Any violation of the provisions of the Condominium Act, this Declaration, the By-laws, or the Rules and Regulations adopted pursuant thereto, shall be grounds for relief, including, but not limited to, an action for Money damages, injunctive relief, specific performance, or foreclosure of the lien for payment of all assessments. All expenses of the Association incurred in connection with any such actions or proceedings, includ- ing court costs, attorney's fees, all damages and interest thereon at the highest rate allowed by appliCable law, shall he assessed against such defaulting Unit owner and shall be deemed part of his respective share of the Common Expenses. The Association shall have a lien for all of the same upon the Unit and its appurtenant interest in the Common Elements. In the event of any such default by a Unit owner, the Board of Directors and the Managing Agent, if so authorized by the Board of Directors, shall have the authority to correct such default, and to do whatever may be necessary for such purpose. All expenses incurred in connection therewith shall be charged to and assessed against such defaulting Unit Owner.
24. LEASE AND TRANSFER OF A UNIT; NOTICE TO ASSOCIATION.
(a) Leases. All leases shall be for a term of at least one month and shall be in writing. A copy of every lease of a Unit shall be furnished to the Board prior to occupancy by the tenant.
Every such lease shall provide that the lessee shall he bound by and subject to the Rules and Regulations of the Association. A copy of the Rules and Regulations shall be attached to each lease and shall be delivered by the Unit Owner to the lessee. The Unit Owner making such lease shall not be relieved thereby from any of his obligations under this Declaration. The Board shall have all the authority in its sole discretion to require at any time that any Unit Owner who is leasing his Unit, place on deposit with the Board such reasonable sums as the Board may require to be used as.an indemnity against loss or damage to the Common Elements which might be caused by such Unit Owner's lessee. The terms of the indemnity shall he such terms as might be satisfactory to the Board. The Board shall furnish such , Order: KZFR66T9S Address: 116 Scandia Cir # 116 -27- Order Date: 07-08-2023 Document not for resale HomeWiseDocs
Unit Owner a notice in writing which shall constitute that Unit . . . . . .
Owner's notice to make such deposit. In the event the Unit Owner fails to comply with the terms of the notice_mithinten (10) days from the date the notice is mailed to him, the Board -at its option may elect to terminate the subject lease. The Board shall give:the Unit Owner and his lessee notice of such election in writing. (Within teh (10) days after said notice is plaCed in the_United States mail addressed to Unit Owner's last known address or within ten (10) days after a written notice of such election is delivered to the residence ._._.of the lessee, whichever shall last occur, lessee shall forthwith and immediately vacate the subject Unit and the Unit Owner shall take such further action as may be necessary to insure that said leSsee vacates said
(b) Notice of Transfer of Unit. Whenever a Unit Owner shall sell, give or otherwise transfer his Unit, or any interest therein, such Unit Owner shall give the Association written notice within thirty (30) days (before or after closing) of the transfer, which notice shall briefly describe the transfer and shall state the name and address of the transferee.
(c) Miscellaneous.
(1) A transfer or lease of a Unit, or interest therein, by or to the Board or the Declarant shall not be subject to th:e provisions of this Paragraph 24.
(2) All notices referred to or required under this Paragraph 24 shall he given in writing by certified mail return receipt requested or by personal service.
(3) The Board may adopt rules and regulations, from time to time, not inconsistent with the provisions of this Paragraph 24, for the purpose of implementing and effectuating said provisions.
(4) If any transfer or lease of a Unit is made Or attempted without complying with the provisions of this Paragraph 24, -:ddch transfer or lease shall he subject to each and all of the rights .and options of, and remedies and actions available to, the Associa;-.
Lion hereunder and otherwise.
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25. ASSOCIATION'S RIGHT TO PURCHASE AT A FORECLOSURE SALE.
(a) The Board shall have.the power and authority to purchase, on behalf of the Association, any Unit, or interest therein, at a sale pursuant to this Declaration, a mortgage fore- closure, a foreclosure of the lien for Common Expenses under the Condominium Act, or an order or direction of a court, or at any other involuntary sale, upon the consent or approval of Unit Owners owning not less than seventy-five percent (75%) of the total ownership of the Common Elements. '-
(b) The Board of. Directors shall have authority to make special assessments proportionately among the respective Unit Owners, and such other financing arrangements as the Board of Directors may deem desirable, in order to close and consummate the purchase of a Unit, by the Association. However, no such financing arrangement may be secured by an encumbrance on any interest in property other than the Unit to be purchased and such Unit's appurtenant interest in the Common Elements.
(c) The Association shall hold or lease any Unit, - - pursuant to the terms hereof, in the name of the Association, or a nominee thereof delegated by the Board of Directors, for the benefit of all Unit Owners. The Board of Directors shall have authority at any time to sell, lease or sublease said Unit on behalf of the Association upon such terms as the Board shall deem desirable, but in no event shall a Unit be sold for less than the amount paid by the Association to purchase the Unit unless Unit Owners owning not less than seventy-five percent (75%) of the Common Elements first authorize the sale for such lesser amount.
26. AMENDMENTS.
This Declaration may be amended in the following manners
(a) Notice of the subject matter of a proposed amend- ment shall be included in the notice of any meeting of the Associa- tion at which a proposed amendment, is considered.
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Association. Directors and members not present in person or by'proxy at the meetings in which the amendment is considered may express their approval in writing, providing such approval is delivered to the secretary at or prior to the meeting. Such approval must be by sixty-six and two-thirds perCent (66-2/38) of the votes of the entire membership of the Association. Until the first election of Directors, any amendment must be approved by the initial board of Direetors.
(c)'-No amendment, shall discriminate against any. Unit:.
Owner., or against any Unit or class or group of Units, unless the Unit Owners so affected shall consent. Except as otherwise provided by the Condominium Act, no amendment shall change the boundaries of • any Unit, nor the share of the Common Elements appurtenant to it, nor the number of votes in the Association pertaining to it, nor increase the Unit owner's share of the Common Expenses, unless all Unit Owners and the mortgagees of all Units shall join in the execution of the amendment, and the provisions of Paragraph 30 are followed.
(d) A Copy of each amendment shall be certified by the President and Secretary of the Associationas having been duly adopted and shall be effective when recorded in the Office of the Clerk of the Superior Court of Clarke County, Georgia.
27. TERMINATION.
(a) The Condominium may be terminated at any time after obtaining the prior approval of Unit Owners with four-fifths (4/5) of the votes of the Association and all mortgagees of such Units: Agree- ment of the required majority of Unit Owners and their mortgagees shall be evidenced by their execution of a termination agreement.
Such termination agreement shall become effective only when recorded in the Office of the Clerk of the Superior Court of Clarke County, Georgia, or at such later date as may be specified therein.
(131 Upon the effective date of the termination agree- ment, all of the property constituting the Condominium shell be owned by the Unit Owners as tenants in common and shall be in propor- tion to their respective undivided interests in the Common Elements nex 44:3N.GLE21 Order: KZFR66T9S Address: 116 Scandia Cir # 116 Order Date: 07-08-2023 -30- Document not for resale HomeWiseDocs
immediately prior to the effective date. As long as the tenancy in common lasts, however, each Unit Owner and his heirs, representa- tives, successors and assigns shall have the same right of occupancy and use of that portion of the property which formerly constituted his Unit and the Limited Common Elements appurtenant thereto, if any, as existed immediately prior to termination and a nonexclusive right to use that portion of the property which formerly constituted Common Elements other than Limited Common Elements.
(C) Upon the effective date of the termination agree- ment, any Erghis the Unit-Owners may have to the assets of the Association shall be in proportion to their respective undivided interests in the Common Elements immediately prior to the effective date, and any distribution thereof to the Unit Owners shall be to such Unit Owners and their mortgagees as their interests may appear.
(d) Upon the effective date of the termination agree- ment, mortgage and liens affecting each Unit shall be deemed to be transferred, in accordance with existing priorities, to the undivided interest of the Unit Owner in the property which formerly constituted the Condominum.
28. EMINENT DOMAIN. If any portion of the Condominium shall be taken by eminent domain, the applicable provisions of the Condo- minium Act shall govern.
29. APPROVAL RIGHTS OF MORTGAGEES.
(a) Unless at least sixty-six and two-thirds percent (66-2/3%) of the first mortgagees of the Units (based upon one vote for each Unit upon which a mortgage is owned), or Unit Owners with sixty-six and two-thirds percent (66-2/3%) of the votes of the entire membership of the Association (other than Declarant) have given their prior written approval, the Association shall not be entitled to:
(1) By act or omission, seek to abandon or terminate the Condominium project except in case of substantial loss to the Units and the Common Elements of the Condominium;
(2) Change the pro rata interest or obligations of any Unit for the purpose of:
4411A2 I
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(i) Levying assessments or charges or allocating distributions of hazard insurance proceeds or condemnation awards; or (ii) Determining the prorate share of ownership of each Unit in the Common Elements.
(3) Partition or subdivide any Unit (except in connection with the relocation of the boundaries of adjoining Units as expressly permitted by this Declaration);
(4) By act or omission, seek to abandon, parti- tion; subdivide, encumber, sell or transfer -the Common Elements.
(The granting of easements for public utilities or for other public purposes consistent with the intended use of Common Elements by ,t,he Condominium shall not be deemed a transfer within the meaning of this clause);
(5) Use hazard insurance proceeds for losses to any Condominium property (whether to Units or to CoMMOn Elements) for other than the repair, replacement or reconstruction of such Condominium property, except as provided by statute in case of sub- stantial loss to the Units and/or Common Elements of the Condominium project.
(b) Nothing contained in this Paragraph shall be con- strued to permit any action prohibited by the Condominum Act.
30. FURTHER ASSURANCES FOR FIRST MORTGAGEES.
Notwithstanding anything to the contrary contained in this Declaration or in the By-Laws of the Association, all terms, conditions, regulations, and requirements which are now existing, or which may be amended from time to time by the Federal Home Loan Mortgage Corporation pertaining to condominiums, are hereby incor- porated as terms and conditions of this Declaration and By-Laws and such shall be governing upon the Condominium, Declarant, and the Association, so long as such terms or conditions neither are in- consistent with the Laws of the State of Georgia as found in the Georgia Condominium Act, as amended, nor deprive any Unit Owner of vested property rights secured by the Laws of the State of Georgia.
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Specifically, witnout limitation upon the foregoing, and in addition to all other rights as may be provided herein or in, the Condominium Act, the following provisions shall be complied with regarding the Condominium;
(a) Any first mortgagee who obtains title,to a Unit pursuant to the remedies provided in, the mortgage, or upon fore- closure of the mortgage, or upon receiving a deed (or assignment) in - lieu of foreclosure will be exempt from the provisions of.Paragraph 24 relating to the rights of the Association updn transfer of a Unit.
and without limitation upon the above provisions of this Subparagraph (a), the Dedlaration, the attached By-Laws, or any 'Other of the Condominium's constituent documents shall not impair the -rights of a first mortgagee to:
(1) Foreclose or take title to a Unit pursuantto the remedies provided in the mortgage, or
(2) Accept a deed (or assignment) in lieu of foreclosure in the event of default by a mortgagor, or .
(3) Sell or lease a Unit acquired by the mortgagee.
(b) First mortgagees shall have the right to examine the books, records and financial statements of the Association, as well as the By-Laws and other rules concerning the Condominium at reasonable times and upon reasonable notice.
(c) First mortgagees shall have the right, upon written request, to receive a financial statement from the Association for the immediately preceding fiscal year.
(d) Condominium assessments shall include an adequate reserve fund for maintenance, repair and-replacement of those Common Elements that must be replaced on a periodic basis and shall be payable in regular installments rather than by special assessments.
(e) No interpretation shall be given to this Declara- tion or any of the other Condominium constituent documents which would give a Unit Owner, or any other party, priority over any rights of first mortgagees of Units pursuant to their mortgages in the case of a distribution to Unit Owners of insurance proceeds or ms /1 4 3 I'MVE E2 Order: KZFR66T9S Address: 116 Scandia Cir # 116 Order Date: 07-08-2023 Document not for resale HomeWiseDocs
condemnation awards for losses to or a taking of Units and/or Common - Elements.
(f) Any agreement for professional management of the Condominium, or any other contract providing for services by the - Declarant may not have a term greater than three (3) years. Any such agreement must provide for termination by either party without cause and without payment of a termination fee on .ninety (90) days or less written notice.
(g) The Association, upon receiving notification of the existence of a first mortgage on any particular Unit, shall provide notice in writing to such mortgagee, or to such other entity as such mortgagee may direct, of any loss to, or taking of, the Common EleMents of the Condominium if such loss or taking exceeds the market value of any one Unit, or damage to a Unit covered by such mortgage if such loss or taking exceeds ten percent (10%) of the market value of any one Unit.
(U) First mortgagees shall have the right, upon written request, to receive notice from the Association of any lapse, cancel- ' latien or material modification of any insurance policy or fidelity bond: maintained by the Association.
(i) First mortgagees shall also have the right, 'upon written request, to receive written notice from the Association Of any proposed action which requires the consent of a specified percentage of mortgage holders.
—
31. NON-LIABILITY OF THE DECLARANT, DIRECTORS AND OFFICERS
OF THE ASSOCIATION. The Declarant, directors and officers of the Association shall not be personally liable to the Unit Owners for any mistake of judgment or for any other acts or omissions of any nature whatsoever as such Declarant, director or officer, except for any acts or omissions found by a Court to constitute gross negligence or fraud. The Unit Owners shall indemnify and hold harmless each of the directors, officers, or Declarant, and their respective heirs, executors, administrators, successors and assigns, in accordance with the provisions of Paragraph 8 of the By-Laws.
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32. SERVICE CONTRACTS.
Declarant shall assign and the Association shall assume certain service contracts designated by Declarant dealing with the maintenance and operation of the Condominium. These contracts may include, but not be limited to, lawn care, laundry leases, cable television service and garbage disposal.
33. SEVERABILITY.
The invalidity in whole or in part of any covenant or . .
restriction, or any paragraph, subparagraph, sentence, clause, phrase, or word, or other provision of this Declaration and the Articles of Incorporation, By-Laws, and Regulations of the Associa- tion shall not affect the validity of the remaining portions thereof.
34. GENDER CLAUSE.
The use of the masculine gender in this Declaration shall be deemed to include the feminine and the use of the singular .
or plural shall be deemed to include the other, wherever the context so requires.
IN WITNESS WHEREOF, Athens Southeast Associates, as owner of the real estate herein described has executed this Declaration as of February 1, 1984.
(corporate seal) ATHENS SOUTHEAST ASSOCIATES, (Seal)
a joint venture BY: Southeastern Conversion Corporation, a joint vt rer BY: 4
L. H. Hardwick,' III, President ATTEST:
retary Signed, sealed, sworn to and dolly ed 'n the prQ sence of:
C; (Seal)
Wi 0,ALT Q. ki _0 k,:a4._ • Nocary Pubrre for county, aauaag___ My Commission Expires: Aliedgc Order: KZFR66T9S Address: 116 Scandia Cir # 116 • i9P5 4 43 rsg Order Date: 07-08-2023 Document not for resale -35- HomeWiseDocsir-"rr"Mrr TrTftM5 •
BY: Union Financial Corporation, a joint venturer
(corporate seal)
BY :
Lawrence, President
Secretary
Signed, sealed, sworn to and
lelivered in the presence of :
Finda W: Brent (Seal)
otar!
Lardson county. tessessee
Commission Expires: +121/85
TOOK 143PAGE 821
Order: KZFR66T9S
Address: 116 Scandia Cir # 116
Order Date: 07-08-2023
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EXHIBIT A TU DECLARATION
ESTABLISHING TIVOLI CONDOMINIUM
LEGAL DESCRIPTION
ALL lbAT TRACT or parcel of land lying and being in the 1,899th District, U.S., Clarke County, Georgia and being more particularly described as follows:
BEGINNING at an iron pin on the southwest side of Cedar Shoals Drive (said Cedar Shoals Drive having a 130 toot right of way), said beginning iron pin being situated south 51 degrees 15 minutes east 550 teet from the right of way of Gaines School Road; running thence along the southwest side of Cedar Shoals Drive south 51 degree's 15 minutes east 517.6 feet to an iron pin; thence continuing along said Cedar shoals Drive south 53 degrees 20 minutes east 518.7 feet to an iron pin; running thence south 38 degrees 38 minutes west 846.7 feet to an iron pin; running thence north 51 degrees 22 minutes west 1,04U feet to an iron pin; running thence north 38 degrees 50 minutes east 831 feet to the beginning point an iron pin.
The above property is more particularly shown according to a plat by Ben McLeroy and Associates, dated September 11, 1972, entitled "Survey for Guardian Properties - Athens, Inc."
Order: KZFR66T9S uinK 443 PZE 82!
Address: 116 Scandia Cir # 116 Order Date: 07-08-2023 Document not for resale t9 HomeWiseDocs
EXHIBIT A-1 TO DECLARATION ESTABLISHING TIVOLI CONDOMINIUM
PERCENTAGE OF EACH UNIT'S UNDIVIDED
OWNERSHIP INTEREST IN COMMON ELEMENTS
UNIT. NO. * OWNERSHIP 100 . 58824 100-1 32680 100-2 32680 100-3 32680 100-4 32680 100~5 32680 100-6 32680
32680 . 32680 32680 32680 000 58824
58824 32680 32680 32680 32680 32675 32675 32675 32675 32675 32675 58824 58824 , 58824 32675 32675 32675 . 32675 32675 32675. 32675 32675 32675 , 32675 58824 58824 52288 52288 . 52288 52288 130-5 52288 130-6 • 52288 132 • 58824 136 58824 140-1 52288 140-2 52288 140-3 52288 140-4 52288 140-5
. 52288 142-1 52288 42-2
52288 52288 52288 52288 52288 1-2 ; 5228ęŚ 44-3 52288 144-4 52288 144-5 • 52288 144-6 , 52288
Order: KZFR66T9S
Addres Scandia Cir # 116
Ordix 013ma82108-2023
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EXHIBIT A-1 TO DECLARATION
ESTABLISHING TIVOLI
(Page 2)
UNIT NO. & OWNERSHIP 148-1 .52288 148-2
148-3 52288 148-4 52288 148-5 52288 148-6 52288 150-1 52288
52288 .52288 52288 2288 2288 52288 2288 2288 2288 2288
2288 2288
2288 288 2288 2288
2288
2288
52288 52288 52288 52288 52288 55556 55556 168-3 55556 168-4 55556 168-5 55556 168-6 55556 170-1 52288 170-2 52288 170-3 52288 170-4 52288 170-5 52288 170-6 52288 172-1 55556 172-2 55556 172-3 55556 172-4 55556 172-5 55556 172-6 55556 176-1 55556 176-2 55556 176-3 55556 176-4 55556 27.6-5 55556 176-6 55556
Order: KZFR66T9S
•Ix 443pt&24dress: 116 Scandia Cir # 116
Order Date: 07-08-2023
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EXHIBIT A-1 TO DECLARATION
ESTABLISHING TIVOLI
(Page 3)
UNIT NO. & OWNERSHIP 180-1 -55556 180-2 55556 180-3 555.5.6 180~4 - 55556 180-5 .55556 180-6 .55556 182-1 752288 18 52288 18 . 52288
52288 52288 5228B : 55556 8929929 55556
55556 55556 55556 55556 55556 8: 55556
55556 55556 52288 52288 5228฿ 300000 52288
52288 52288 55556 55556 55556 55556 5 55556
55556 6 52288
52288 52288 52288 000000 5 2288
5228฿ ,52288 52288 52288 52288 200-5 52288 200-6 52288 204-1 52288 204-2 52288 204-3 52288 204-4 52288 204-5 52288 204-6 52288 208 490 20 212 49020 216 49020 220 49020 224 49020 228 49020 232 49020 236 49020 240 49020 244 49020 248 49020 25 2 .49020
*R66T9S
Address: 116 Scandia Cir # 116
Order Date: 07-08-2023
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EXHIBIT A-1 TO DECLARATION
ESTABLISHING TIVOLI
(Page 4)
UNIT NO. * OWNERSHIP 256 • 49020 260 49020 264 • 49020 268 • 49020 272 •49020 276 • 49020 280 .49020
• 49020
Order: KZFR66T9S
mx 443M 821ss: 116 Scandia Cir # 116
Order Date: 07-08-2023
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EXHIBIT A-2
TO DECLARATION' ESTABLISHING TIVOLI CONDOMINIUM
COMPONENT IDENTIFICATION, MAINTENANCE 6 EXPENSE CHART
I. Identification COMPONENTS :OF UNIT LIMITED COMMON ELEMENTS All components located within or constituting the boundaries of the unit including, but not limited to:
wallboard; wallpaper; paint; all finished flooring; appliances; carpet;
exterior doors, including sliding glass doors; windows; all pipes, ducts, electrical wiring and conduits located entirely within Unit and serving only such Unit.
Balconies; patios; air conditioning and heating equipment; screens; fences enclosing patios, if any; those portions of any chute, flue, duct, wire, or conduit located partially within and partially outside Unit which serve only that - Unit.
COMMON
ELEMENTS
Land; parking areas;; swimming pool; tennis courtsvlaundries;
clubhouse, office, stairways;
mailbox stations; maintenance shop; storage areas; picnic areas; basketball/volleyball court; sauna; landscaping im- provements; all personal propc4 perty held and maintained for the joint use and enjoyment of qp L-2., all Unit Owners; all leases of personalty and service con- tracts assigned to the Associa- •C4 tion by Declarant; those'por- "e41 Lions of any chute, flue, duct, wire, or conduit, located par- tially outside Unit which serve more than one Unit or any por- tion of Common Elements; load- bearing columns and load- • bearing walls; all real prop- erty, improvements and facili- ties-other than the Units and Limited Common Elements.
EXHIBIT A-2
TO DECLARATION ESTABLISHING TIVOLI CONDOMINIUM
II. Assignment of Maintenance Responsibilities UNIT LIMITED COMMON ELEMENTS COMMON ELEMENTS Responsibility of Unit Owner except:
water damage to Unit, unless the primary cause of the damage is the negligence of the Owner or occupants of such Units or the result of water leakage from ;the. water heater in such Unit; painting oriother- wise maintaining exterior surfaces of exterior doors; cleaning exterior sur- faces of windows.
Responsibility of Association except:
air conditioning and heating equipment;
screens; maintaining balconies and patios in an orderly and clean condi- tion.
Completely the responsibility of Association.
III. Allocation of Maintenance Expense 1NIT LIMITED COMMON ELEMENTS COMMON ELEMENTS . Expense of Unit Owner except: water damage, the primary cause of which is not the negligence of the Owner or occupants of such Unit or the result of water leakage from the water heateT in such Unit; painting or otherwise main- taining exterior surfaces of exterior doors; cleaning exterior surfaces of windows.
Charged to Unit Owners to whom Limited Common Element is allocated, except structural repair of balcony or patio and fence enclosing such patio, if any, which are Common Expenses of Associa- tion.
Common Expense of Association.
Note: This chart is merely illustrative and not exhaustive. It is not intended to be an exclusive identification of components or allocation of maintenance responsibilities and expenses, and does not affect other identifications, maintenance or expense allocations made by the Declaration or By-laws.
EXHIBIT B TO DECLARATION OF TIVOLI CONDOMINIUM
BY-LAWS FOR TIVOLI CONDOMINIUM
AND TIVOLI CONDOMINIUM ASSOCIATION, INC.
1. Identity. '
(a) These are the By-Laws of Tivoli Condominium, herein called the "Condominium", and Tivoli Condominium Association, Inc., herein called the "Association", a non-profit corporation incorpo- rated under the laws of the State of Georgia, the Articles of InOorporation of which were filed in the Office of the Secretary of State of Georgia on October 7 , 1983, and are of record in that Office under Document No. XXXXX , and are also of record in the Office of the Clerk of the Superior Court of Clarke County, Georgia, infile number 40,653 (indexed in motion docket 10).
(b) The Association has been organized for the purpose of .administering the Condominium established by a Declaration of record in Book I/13 , page F.47/ , Office of the Clerk of the Superior Court of Clarke County, Georgia, herein called the "Declaration," pursuant to the Georgia Condominium Act, as amended, herein called the "Condominium Act", which Condominium is identified blithe name Tivoli Condominium, and is located at 285 Scandia Circle, Athens, Georgia 30605.
2. Members.
The members of this Association shall be Athens Southeast Associates, hereinafter referred to as "Declarant" and all subsequent Unit owners in Tivoli Condominium.
3. Meetings of Members.
(a) The members of the Association shall have an annual meeting. The.fIrst annual meeting of the members shall he held, at the office of the Association or other place to be designated by the hoard of Directors,ron Decemher.6, 1984, at 7:00 o'clock p.m. or at such other time designated by the Board of Directors. Thereafter.
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the annual meeting of members shall be held on the first Tuesday in each December at 7:00 p.m. or as scheduled by the Board of Directors.
(h) Special meetings of members shall be held whenever called by the President, Vice-President, or by a majority of the Board of Directors, and must be called by such officers upon receipt of a written request from members entitled to cast not less than one-third (1/3) of the Votes of the entire membership. Notice of such special meetings shall be given not less than seven (7) days in advance.
(c) Notice of all members' meetings, stating the time and place,F and the objects for which the meeting is called, shall be given by the President, Vice-President or Secretary, unless waived in writing. Such notice shall be in writing to each member at his address as it appears on the books of the Association, and shall be mailed not less than twenty-one (21) days, nor more than sixty (60)
_days, prior to the date of the meeting. Proof of such mailing shall be 4i.ven by the affidavit of the person giving the notice. Notice of meeting may be waived before or after meetings.
(d) A quorum at members' meetings shall consist of persons entitled to cast a majority of the votes of the entire membership. If any meeting of the members cannot be organized because a quorum has not attended, the members who are present, either in person or by proxy, may adjourn the meeting for at least ten (10) days, and adequate notice of the new date shall be given as described in subparagraph (c) of this Paragraph 3.
(e) The aggregate number of votes for all Unit Owners shall be two hundred (200) and one (1) vote shall be allocated to each Unit; provided, however, that no vote shall pertain to a Unit during such time as the Unit Owner thereof is the Association.
(f) If a Unit is owned by one (1) person, his right to vote shall be established by the record title to his Unit. if a Unit is owned by more than one (1) person, any record owner Present at a mr-eting of the Association may cast the vote of the Unit. If more than one (1) record owner of a Unit is'present at a meeting, the -vote nnI 411.3iI(ii.e2/1 Order: KZFR66T9S Address: 116 Scandia Cir # 116 Order Date: 07-08-2023 Document not for resale HomeWiseDocs
pertaining to that Unit shall be cast only in accordance with the unanimous agreement of all record owners of the Unit piesent.
Unanimous agreement shall be conclusively presumed if any one of the record owners purports to cast the vote pertaining to the Unit and no protest is made immediately by any of the other record owners present to either the President or Secretary. If a Unit is owned by a corporation, partnership, association or other entity, the vote pertaining to the Unit shall be cast by proxy duly executed by or on behalf of the Unit Owner or Owners.
(g) Individual Unit Owners may vote in person or by proxy. In all cases, proxies shall be irrevocable except by written notice delivered to the Association by the Unit Owner or Owners. Any proxy shall be void if it is not dated or if it purports to be revocable without such notice.
(h) The presence of individual Unit Owners entitled to cast 'a majority of the votes of the Association is required at members' meetings to adopt decisions, except where approval by a greater number of members is required by the Declaration, Articles of Incorporation, or these By-Laws.
(i) The order of business at annual members' meetings, and as far as practical at all other members' meetings, shall be:
(1) election of a chairman of the meeting, if the President is unavailable to preside;
(2) calling of the roll and certifying the proxies;
(3) proof of notice of meeting or waiver of notice;
(4) reading and disposal of any unapproved minutes;
(5) reports of officers;
(6) reports of committees;
(7) election of inspectors of election;
(8) election of Directors;
(9) unfinished business;
(10) new business, and
(11) adjournment.
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4, Directors.
(a) The affairs of the Association shall he managed by aioardof Directors. The initial Hoard of Directors shall consist of Lawson H. Hardwick, III, Stevenson F. Barnes, and John H. Hearden.
The Declarant may, but shall not he obligated to do so, appoint an Advisory Hoard of Directors, consisting of 3 Unit Owners during the term of the initial Board of Directors. Such Advisory Board shall have no authority to manage the affairs of the Condominium, but may, upon invitation, meet with the Board of Directors from time to time.
After the first annual meeting the Board of Directors shall consist of five (5) persons, all of whom shall be Unit Owners, or, in the event any Unit be owned by a partnership, corporation, or fiduciary, such person shall be a partner, officer of the corporation, or the fiduciary or officer of the fiduciary, as the case may be. The initial Board of Directors shall serve without compensation.
Thereafter, the compensation, if any, of the ❑irectors shall be as fixed by the vote of a majority of the Unit Owners.
(b) At the first annual meeting of the members of the Association (December 6, 1984), five persons shall be elected to serve as the Board of Directors, and the term of office of those elected shall be as follows: the term of office of the two persons receiving the highest number of votes shall be fixed at three (3)
years; the term of office of the two persons receiving the next highest number of votes shall be fixed at two (2) years; and the term of the office of the person elected receiving the least number of votes shall be fixed at one (1) year. The election shall be by ballot and by a plurality of the votes cast, each member voting must cast his vote (or votes) for as many nominees as there are vacancies to he filled, but there shall he no cumulative voting.
(c) Except as to vacancies provided by removal of Directors by members, vacancies in the Board of Directors occurring between annual meetings of members shall he filled by the remaining Directors until the next annual meeting'at which .time a Director .shall he elected to fill the remaining term of any such vacancy.
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(4d) Any Director may be removed by concurrence of two-thirds (2/3) of the votes of the entire membership at a special or general meeting of the members called for that purpose. The vacancy in the Board of Directors so created shall be filled by the members of the AsSociation at the same meeting.
(e) In the event of vacancies during the existence of the initial Board of Directors, the remaining Directors shall fill the vacancies, and, if there are no remaining Directors, the vacancies shall be filled by the Declarant.
(f) The term of each Director's service shall be three
(3) years except for Directors elected for shorter terms at the first annual meeting. A Director's term of service shall extend until his successor is elected at the annual meeting of the members and there- after until his successor is qualified and assumes office, or Until heqs removed in the manner elsewhere provided.
5. Directors' meetings.
(a) The organizational meeting of a newly elected Board of Directors shall be held within ten (10) days of its election at such place and time as shall be fixed by the Directors at the meeting at which they were elected, and no further notice of the organiza- tional meeting shall be necessary providing a quorum shall be present.
(b) Regular meetings of the Board of Directors may be held at such time and place as shall be determined, from time to time, by a majority of the Directors. Notice of regular meetings shall be given to each Director, personally or by mail, telephone, or telegraph, at least three (3) days prior to the day named for such meeting.
(c) Special meetings of the Directors may be called by the president, and must be called by the Secretary at the written request of any two (2) of the Directors. Notice of the meeting shall be given personally or by mail, telephone, or telegraph at least three (3) days prior to the day named for such meeting, which notice shall state the time, place, and purpose of the meeting.
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(d) Any Director may waivenotice of a meeting before or after the meeting and such waiver shall be, deemed equivalent to the giving of notice.
(e) A quorum at Directors' meetings shall, consist of a majority of the entire Board of Directors. The acts approved by a majority of those present at a meeting at which a quorum is present shall Constitute the acts of the Board of Directors, except where approval by a greater number of Directors is required by the Declaration, Articles of Incorporation, or these. By-Laws. If, at any meeting of the Board of Directors, less than a quorum is present, the majority of those present may adjourn the meeting from time to time until a quorum is present. At any adjourned meeting any business which might have been transacted at the meeting originally called may be transacted without further notice. The joinder of a Director in the action of a meeting by signing and concurring in the minutes thereof shall constitute the presence of such Director for the purpose of determining a quorum.
(f) The presiding officer of Directors' meetings shall be the President. In the absence of the President, the Directors present shall designate one of their number to preside.
(g) The order of business at Directors' meeting shall bet
(1) calling of roll;
(2) proof of due notice of meeting;
(3) reading and disposal of any unapproved minutes;
(4) reports of officers and committees;
(5) election of officers (if necessary);
(6) unfinished business;
(7) new business; and
(E) adjournment.
(h) The Directors may adopt any resolution by an instrument in writing, signed by all of the then qualified and acting Directors, provided there then be at least three (3) in number, and any sUch resolution, when so executed, shall have the force and validity of a resolution adopted at any regular or special meeting.
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•
(i) All minutes and records of actions of the Direc- tors, and all records pertaining to operations of the Association, shall be kept at the Association office or at such place as may be designated by the Secretary of the Association, and shall be avail- able to members for inspection at all times during normal business hours.
6. Powers and duties of the Board of Directors.
(a) All of the powers and duties of the Association existing under the Condominium Act, the Declaration, the Articles of Incorporation, and these By-Laws shall be exercised exclusively by the Board of Directors, its agents, contractors, or employees, subject only to approval by Unit Owners when such is specifically required. Compensation of employees of the Assoclition shall be fixed by the Directors. A Director may be an employee of the Association, and a contract for management of the condominium may be entered into with a Director. The Board of Directors is specifically charged with the responsibility of providing for the care and upkeep of all Common Elements and Limited Common Elements of the Condominium pursuant to the provisions of the Declaration. Specifically included in the foregoing general powers of the Board of Directors are the following powers and duties, which are listed by way of enumeration and not by limitation:
(1) To elect and remove the officers of the Association;
(2) To administer the affairs of the Association and the Condominium property;
(3) To engage the services of an agent, hereinafter sometimes called the "Managing Agent", to maintain, repair, replace, administer and operate the Condominium or any part thereof for all the Unit Owners upon such terms and for such compensation and authority as the Board of Directors may approve;
(4) To formulate policies for the administration, management, and operation of the Condominium and the Common Elements;
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(5) To adopt rules and regulations, with written notice thereof to all Unit Owners, governing the administration, management, operation and use of the Condominium property and the Common Elements, and to amend such rules and regulations from time to time;
(6) To provide for the maintenance, repair, and replacement of the Common Elements and. Limited Common' Elements as required by the Declaration, to make payments therefor, and to approve payment vouchers or to delegate such approval to the officers or Managing Agent;
(7) To provide for the designation, hiring and removal of employees and other personnel, including accountants and attorneys, and to engage or contract for the services of others, and to make purchases for the maintenance, repair, replacement, administration, management and operation of the Condominium property and the Common Elements, and to delegate any such powers to the Managing Agent (or any employees of the Managing Agent);
(8) To appoint committees of the Board and to delegate to such committees the Board's authority to carry out' certain duties of the Board of Directors;
(9) To determine the fiscal year of the Association and to change said fiscal year from time to time as the Board of Directors deems advisable;
(10) To fix the estimated annual budgets, and to provide the manner of assessing and collecting from Unit Owners their respective shares of such estimated expenses, as hereinafter provided;
(11) To enter into any lease agreement for lease of premises suitable for use as guest or custodian apartments, upon such terms as the Board of Directors may approve;
(12) To borrow money for the purpose of repair or restoration of Common Elements without the approval of the members of the AssoCiation;
(13) To secure insurance policies as required by the Declaration and in this regard, annually to review the amounts coverage afforded by such policy or policies;
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(14) To maintain or defend any action in. any court or other proceeding on behalf of the Unit Owners which arises in connection with the Common Elements, and to diStribute any money judgment received in connection therewith to the Unit Owners in proportion to each Unit Owner's ownership interest in the Common Elements;
(15) Unless otherwise provided herein or in the Declaration, to comply with the instructions.of a majority of Unit owners as expressed in resolutions duly adopted at any annual or special meeting of Unit Owners;
(16) To act as attorney-in-fact on behalf of all Unit Ownersand their successors in title in granting easements through or over the commOn Elements, and in accepting easements benefitting the Condominium or any portion thereon;
(17) To exercise all other powers and duties of Unit Owners as a group referred to in the Condominium Act, in the Declaration or these By-Laws.
(b) Specifically, whenever in these By-Laws or in the DeclirStiefi-the-Assobiation is given the power to take any action, it is the intention of such instruments that the Board of Directors- shall act for the Association in all cases, except to the extent that it is expressly provided that action may be taken upon vote of the Unit Owners.
(c) Nothing in these By-Laws shall be considered to grant to the Board of Directors, the Association, or to the officers of the Association, any powers or duties which, by law, have been delegated to the Unit Owners.
7. Officers.
(a) The executive officers of the Association shall be a President, who shall be a Director, a Vice President, who shall be a Director, a Treasurer, a Secretary, and an Assistant Secretary, all of whom shall be elected annually by the Board of Directors and who may be removed by vote of the Directors at any meeting. Any person may hold two (2) or more Offices except that the President shall not IAN 1.4.111.3farit2Order: KZFR66T9S Address: 116 Scandia Cir # 116 Order Date: 07-08-2023 Document not for resale HomeWiseDocs
11;
also be the Secretary or the Assistant Secretary. The Board of Directors may from time to time elect other officers to exercise such powers and duties as the Board shall find to be required to manage the affairs of the Association. Compensation, if any, of office_ shall be fixed by the Board of Directors.
(b) The President shall be the Chief Executive Officer of the Association. He shall have all of the powers and duties which are usually vested in the office of president of an association, including, but not limited to, the power to appoint committees from among the members from time to time, as he may, in his discretion, determine appropriate, to assist in the conduct of affairs of the Association.
(c) The' Vice-President shall, in the absence or dis- ability of the President, exercise the powers and perform the duties of the President. He shall also generally assist the President and exercise such other powers and perform such other duties as shall be prescribed by the Directors.
(d) The Secretary shall keep the minutes of all pro- ceedings of the Directors and the members. He shall attend to the 'giving and serving of all notices to the members and Directors and other notices required by law. He shall keep the records of the Association, except those of the Treasurer, and shall perform all other duties incident to the office of secretary of an association and as may be required by the Directors or the President. The Assistant Secretary shall perform the duties of the Secretary when the Secretary is absent.
(e) The Treasurer shall have custody of all property of the Association, including funds, securities, and evidences of indebtedness. He shall keep the books of the Association in accor- dance with good accounting practices and shall perform all other duties incident to the office of treasurer of an association.
8. Indemnification.
(a) To the extent not covered by insurance, the Association shall indemnify and hold harmless each of its directors /1.3 RcE 821:
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and officers, each member of any committee appointed pursuant to the By-Laws, of the Association, the Board of Directors and the Declarant, against all contractual and other liabilities to others arising out of contracts made by or other acts of such directors, Board, offi- cers, committee members or Declarant, on behalf of the Unit Owners, or arising out'of their status as directors, Board, officers, committee members or DeClarant, unless any such contractor act shall have been made fraudulently or with gross negligence or criminal intent. It is intended that the ,foregoing indemnification shall.
include indemnification against all costs and expenses (including, bUt not limited to, counsel fees, amounts of judgments paid and amounts paid in settlement) reasonably incurred in connection with the defense of any claim, action, suit or proceeding, whether civil, criminal, administrative or other, in which any such director, officer, Board, committee member or Declarant may be involved by virtue of such persons being or having been such director, officer, Board, committee member, orTheclarant, provided, however, that such indemnity shall not be operative with respect to:
(1) any matter as to which such person shall have been finally adjudged in such action, suit or proceeding to be liable for gross negligence or fraud in the performance of his duties as such director, officer, Board, committee member, or Declarant, or
(2) any matter settled or compromised, unless the Board determines there is not reasonable ground for such persons being adjudged liable for gross negligence or fraud in the performance of his duties as such director, officer, Board, committee member, or Declarant.
(b) To the extent that the Declarant or a member of the Board of Directors or an officer of the Association or a member of any committee appointed pursuant to. the By-Laws of the Association has been successful on the merits or otherwise in defense of any action, suit or proceeding referred to in subparagraph (a) or in defense of any claim, issue or matter therein, he shall be indemnified against expenses (including attorney's fees) actually and reasonably incurred by him in connection therewith.
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(c) Expenses incurred in defending a civil or criminal.
action, suit or proceeding may be paid by the Association in advance of the final disposition of such action, suit or proceeding as autho- rized by the Board of Directors in the specific case upon receipt of an undertaking by or on behalf of the person or entity seeking such indemnification or payment in advance to repay such amount unless it shall ultimately be determined that he is-entitled to be indemnified by the, Association as authorized in this Paragraph 8.
(d) The Association and the Board shall have the power to raise and the responsibility for raising, by special assessment or otherwise, any sums required to discharge its obligations under this Paragraph, provided, however, that the liability of any Unit Owner arising out of any contract made by or other acts of the directors, Board, officers, members of such committees, or Declarant, or out--of the aforesaid indemnity in favor of the directors, Board, officers, members of such committees, or Declarant shall be limited to such ----proportion,ef the total liability hereunder as said Unit Owner's percentage of interest in the Common Elements, bears to the total , percentage interest of all the Unit Owners in the Common Elements.
Every agreement made by the directors, Board, officers, members of such committes, Declarant or by the Managing Agent on behalf of the Unit Owners shall provide that the directors, Board, officers, members of such committees, Declarant or the Managing Agent, as the case may be, are acting only as agents for the Unit Owner and shall have no personal liability thereunder (except as Unit Owners), and that each Unit Owner's liability thereunder shall be limited to such proportion of the total liability thereunder as his percentage of interest in the Common Elements bears to the total percentage interest of all Unit Owners in the Common Elements. The indemnifi- cation provided by this Paragraph 8 shall not be deemed exclusive of any other rights to which those seeking indemnification may be entitled under any statute, agreement, vote of members of the Association or disinterested members of the Board of Directors or otherwise, both as to action in his official capacity and as to action in another capacity whileholding such office. Such right to Order: KZFR66T9S Address: 116 Scandia Cir # 116 Order Date: 07-08-2023 -12- Document not for resale HomeWiseDocs
indemnification shall continue as to a person or entity who hag ceased to be Declarant or a member of the Board of Directors, officer of the Association or a member of such committee, and shall inure to the benefit of the heirs, executors, administrators, successors and assigns of such person or entity.
9. Assessments.
(a) Assessments against the Unit Owners for their shares of the items of the budget shall be made on or before December 20 preceding the year for which the assessments are made. Such assessments shall be paid in twelve (12) equal payments due on 'the fiist day of each month of the year for which the assessments are made. /f an annual assessment is not made as required, an assessment shall be presumed to have been made in the same amount as the immedi- ately preceding annual assessment.
(b) At the closing of the initial sale by Declarant of each Unit, the purchaser of such Unit shall be required to pay a working Capital Assessment as determined by Declarant.
(c) If a Unit Owner shall be in default in the payment of )an installment upon an assessment, the Board of Directors may accelerate the remaining installments of the assessment upon notice thereof to the Unit Owner, and thereupon the unpaid balance of the assessment shall come due upon the date stated in the notice, but not les's than ten (10) days after delivery thereof to the Unit Owner, or not less than twenty (20) days after the mailing of such notice to him by registered or certified mail, whichever shall first occur.
(d) In the event that during the course of any year it- shall appear to the Board of Directors that the annual assessment, payable monthly, determined as aforesaid,- is insufficient or inade- quate to cover the estimated Common Expenses for the remainder of such year, then the Board of Directors shall prepare and approve a supplemental budget covering the estimated deficiency for the remainder of such year, copies of which supplemental budget shall be furnished to each Unit Owner, and thereupon a supplemental assessment shall be made. to each Unit OWner for his proportionate share of such Order: KZFR66T9S Address: 116 Scandia Cir # 116 .!!'15 43rmiE {:7 Order Date: 07-08-2023 -13- Document not for resale HomeWiseDocs
supplemental budget, and such supplemental assessment shall be paid in a time and manner directed by the Board of Directors.
(e) The depository of the Association shall be such bank or banks as shall be designated from time to time by the Directors and in which the moneys of the Association shall be deposi- ted. Withdrawal of moneys from such accounts shall be only by checks signed by such persons as are authorized by the Directors. The Directors may contract with a Managing Agent to provide that the Managing Agent shall collect assessments from Unit Owners and other moneys of the Association and disburse Association funds pur- suant to the terms of such contract; provided, however, all employees of the Managing Agent handling or responsible for Association funds must be covered by fidelity bonds as set forth below in subparagraph (g). The signatures of two officers of the Association or in the event a Managing Agent is employed, the signatures of a least two employees specified in the contract, shall be required to sign any check in excess of $5,000.00. Three authorized signatures, one of which must be of an officer of the Association, shall be required for any checks in excess of $10,000.00. All reserve funds of the Associa- tion shall be kept in a separate bank account and all checks written on such account shall be signed by at least two officers of the Association and one employee of the Managing Agent. If there is no Managing Agent, the signatures of two officers shall be sufficient.
(f) An audit of the accounts of the Association shall be made annually by a certified public accountant, and a copy of the report shall be furnished to each member not later than one hundred twenty (120) days following the year for which the report is made.
(g) Fidelity bonds shall be required by the Board of Directors from all persons handling or responsible for Association funds. The amount of such bonds shall be determined by the Directors, but shall be at least one-fourth (1/4) of the amount of the total annual assessments against members for Common Expenses plus the amount of the reserve account. The premiums on such bonds shall be paid by the Association. The Managing Agent shall be required to provide satisfactory evidence that all employees handling Association funds are protected by a bond naming the Association as the insured.
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(h) The Board of Directors shall cause to be kePt detailed and accurate records in chronological order of its receipts and expenditures affecting the Common Elements, specifying and itemizing the Common Expenses incurred. Payment' vouchers may be approved in such manner as the Board of Directors may determine.
(i) The Board shall, upon receipt of five (5) days written notice to the Association and upon payment of a reasonable fee, not exceeding $10.00, furnish any Unit Owner a statement of his accounts setting forth the amount of any unpaid assessment or other charges due and owing-from such Unit Owner.
10. Common Profits.
(a) For the purposes of this Paragraph, "Common Profits" shall mean all income collected or accrued by or on behalf of the Association, other than income derived from assessments.
(b) Common Profits shall be applied to payment of. the Common Expenses. Any surplus shall be added to the reserves of the Association.
11. Rules and Regulations.
The Directors are expressly empowered to adopt and promulgate, from time to time, reasonable rules and regulations- governing the use of the Units and the common areas, including the imposition of penalties for violation thereof. All such rules and regulations shall be binding rules and regulations of the Association unless rejected by a resolution adopted at a meeting of the members or by a writing signed by members representing at least sixty percent (60%) of the votes of the Association. The Directors shall give written notice to all members of the adoption of any new rules and regulations or of the amendment of any existing rule or regulation.
12. Amendments.
These By-Laws may be amended in the following manner:
(a) Notice of the subject matter of a proposed amendment shall be included in the notice of any meeting at which a proposed amendment is considered.
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(b) A resolution adopting a proposed amendment may be proposed by either the Board of Directors or by the members of the Association. Directors and members not present in person or by proxy at the meetings to consider the amendment may express their approval in writing, providing such approval is delivered to the Secretary at or prior to the meeting. Such approvals must be by sixty-six and two-thirds percent (66-2/3%) of the votes of the entire membership of the Association.
(c) No amendment shall discriminate against any Unit Owner or against any Unit or clans or group of Units unless the Unit Owners so affected shall consent. Except as otherwise provided .
by the Condominium Act, no amendment shall change the boundaries of any Unit, nor the share in the Common Elements appurtenant to it, nor the number of votes in the Association pertaining to it, nor increase the Unit Owner's share of the Common Expenses, unless all Unit Owners and the mortgagees of all Units shall join in the execution of.the..
. _ amendment giving their written approval.'
(d) A copyof each amendment-lhailBe certified by the President and Secretary of the Association as having been duly .adopted and shall be effective upon recording in the Office.of the Clerk of the Superior Court of'Clarke County, Georgia.
13. parliamentary Rules.
Roberts' Rules of Order (latest edition) shall govern the conduct of Association meetings when not in conflict with the Declaration, the Articles of Incorporation or these By-Laws.
14. Definition of Terms.
The terms used in these By-Laws, to the extent they are defined therein, shall have the same definition as set forth in the Declaration. The term "member" as used in these By-Laws, means "Unit Owner" as defined in the Declaration.
15. Compliance with Statute.
,TheSe By-Laws are set forth to comply with the require- ments of the Georgia Condominium Act, as it may be amended from time Order: KZFR66T9S Address: 116 Scandia Cir # 116 /14:3rIbie?!
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to time. In case any of these By-Laws conflict with the provisions of said statute, it is hereby agreed and accepted that the provisions of the statute will apply:
The foregoing By-Laws are hereby adopted as the By-Laws of Tivoli Condominium and Tivoli Condominium Association, Inc. by the undersigned as of February 1, 1984.
ATHENS SOUTHEAST ASSOCIATES.
a joint venture BY: Southeast-ern Conversion Corpor ti n, a pint venturer Incorp rator of TIVOLI CONDOMINIUM ASSOCIATION, INC.
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EXHIBIT C TO DECLARATION ESTABLISHING TIVOLI CONDOMINIUM
ARTICLES OF INCORPORATION
OF.
TIVOLI CONDOMINIUM ASSOCIATION, INC.
The undersigned natural person, having capacity to contract, and acting as the incorporator of a corporation under the Georgia Non-Profit Corporation Code, adopts the following Articles of Incor- poration for-such Corporation:
1. The name of the Corporation is "TIVOLI CONDOMINIUM ASSOCIATION, INC.," hereinafter referred to as the "Association".
2. The corporation is organized pursuant to the provisions of the Georgia Non-Profit Corporation Code.
3. The duration of the Association is perpetual.
4. The address of the initial registered office of the Association is 285 Scandia Circle, Athens, Clarke County, Georgia 30605, and the initial registered agent of the Association at such address is Donna Bell.
5. The Association is not for profit.
6. The purpose for which the Association is organized is to provide an entity, pursuant to The Georgia Condominium Act, 0.C.G.A.
S 44-3-70 et seq. as amended, which may hereinafter be referred to as the "Condominium Act", for the operation of, Tivoli Condominium, here- inafter referred to as. the '"CondominLM^, located upon the tract of land known as 285 Scandia Circle, Athens, Clarke County, Georgia 30605.
7. The Association is to have members.
B. The Association shall make no distributions of income to its members, directors, or officers; provided, however, this provision shall not preclude the payment of reasonable sums for services rendered or supplies furnished to the Association' by the aforesaid persons.
9. The Association shall have all of the common law and statutory powers of a non-profit corporation, which are not in conflict with the terms of these Articles of Incorporation.
10. The Association shall have all of the powers and duties Order: KZFR66T9S of a condominium homeowners association as set forth in the Condominium Address: 116 Scandia Cir # 116 /1111,:.(;E 82 Order Date: 07-08-2023 Document not for resale HomeWiseDocs
Act, and all of the powers and duties reasonably necessary to operate the Condominium as set forth in the Declaration establishing the Condo- minium to be recorded in the Otfice of the Clerk of the Superior Court of `.Clarke County, Georgia, hereinafter referred to as the "Declaration', and as it may be amended from time to time, including, but not limited to, the following:
(a) To make and collect assessments against members to defray the costs, expenses, and losses of the Condominium; -
(b) To use the proceeds of assessments in the exercise of its powers and duties, in accord with the Declaration and the By- Laws of thik Association, hereinafter referred to as "By-LaWsif- ti (c) To maintain, repair, replace, and operate the condominium property;
(d) To purchase insurance upon the condominium property and insurance for the protection of the Association and its members;
(e) To reconstruct improvements after casualty and to further improve the property;
(f) To make and amend reasonable regulations respecting the use of the property in the Condominium;
(g) To enforce, by legal means, the provisions of the Condominium Act, Declaration, these Articles of Incorporation, the 13;frLaws and the regulations for the use of the condominium property;
(h) . To contract for the professional management of the Condominium; and
(i) To employ personnel to perform the services re- quired for proper operation of the Condominium.
11. All funds, and the titles of all properties acquired by the Association, and the proceeds thereof, shall be held in trust for the members, or used to pay Common Expenses in accordance with the provisions of the Declaration, these Articles of Incorporation, and the By-Laws.
12. The powers of the Association shall be subject to, and shall he exercised in accordance with, the provisions of the Declara- tion and the By-LAWS:.
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13., The members of the Association shall consist of all of the Unit Owners of Units in the Condominium, in accordance with the By-Laws.
14. Change of membership in the Association shall be consum- mated by the transfer of title to a Unit,
15. The share of a member in the funds and assets of the Association cannot be assigned, hypothecated, or transferred in any.
manner, except as an appurtenance to a member's Unit.
16. The aggregate number of votes for all members of the Association shall be two hundred (2001, and one (1) vote shall be allocated to each Unit. The procedures to be followed by multiple or corporate owners of a Unit and the manner of exercising voting rights shall be determined by the By-Laws.
17. The affairs of the Association shall be managed by a board consisting of the number of directors as shall he determined by the By-Laws, but not less than three (3) directors, and, in the absence of such determination, shall consist of three (3) directors.
18. The initial board of directors shall consist of:
John B. Bearden The West Park Building, Suite 203 111 Westwood Place Brentwood, Tennessee 37027 Stevenson F. Barnes — .
The West Park Building, Suite 203 111 Westwood Place Brentwood, Tennessee 37027
L. H. Hardwick, III The West Park Building, Suite 203 111 Westwood Place Brentwood, Tennessee 37027
19. subject to the provisions of Paragraph 20 of these Articles, directors of the Association shall be elected at the annual meeting of the members in the manner determined by the By-Laws.
Directors may be removed, and vacancies on the Board of Directors Shall he filled, in the manner provided by the By-Laws.
20. The first election of directors shall not be held until December 6, 1984. The initial directors named in these Articles of Incorporation and the By-Laws shall serve until the first election ot •9‘1% 443r(GE82 Order: KZFR66T9S Address: 116 Scandia Cir # 116 Order Date: 07-08-2023 Document not for resale HomeWiseDocs
directors, and any vacancies in their number occurring before the first election shall he filled by tbeyemainingdirectoraThn accordance With the By-Laws.
21. _The-affaira of the Association shall he administered by officers elected by the Board of Directors in accordance with the By-Laws. The officers shall serve at the pleasure of the board of • • .
22. Every director and every officer of the Association shall be indemnified by the Association against all expenses and including counsel fees; reasonably incurred by, or imposed upon him, in connection with any proceeding to which he may be a party, or in which he may become involved, by reason of his being, or having been, a director or officer of the Association, or any settlement thereof, whether or not he is a director or officer at the time such expenses are incurred, except in such cases wherein the director or officer is adjudged guilty of willful misfeasance or malfeasance in the ....
. _ performance of his duties; provided that, in the event of a settlement, the indemnification herein shall apply only when the Board-afDirectors approves such settlement and reimbursement as being for the best interests of the Association. The foregoing right of indemnification shall be in addition to, and not exclusive of, all other rights to which such director or officer may be entitled.
23. The By-Laws have been adopted by Athens Southeast Associates as "Owner" of the Condominium, and by the Incorporator.
24. Amendments to the Articles of Incorporation shall be proposed and adopted in the following manner:
(a) Notice of the subject matter of a proposed amend- ment shall be included in the notice of any meeting at which proposed amendment is considered.
(b) A resolution approving a proposed amendment may he proposed by either the Board of Directors or by the' members ofthe'"
Association. Directors and members not present in person or by proxy at the meetings considering the amendment may express their approval in writing, .pro#fding such approval is delivered to the, secretary at or prior to the meeting.
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(c) Approval of an amendment must be by, (i) not less than 75% of the, entire membership of the Board of Directors, and by not less than 75% of the votes of,the entire membership of the Association, or, (ii) not less than 80% of the votes of the entire membership of the Asscciation (if not proposed by the directors).
(d) No. amendment shall make any changes in the quali- fications for membership, nor the voting rights of members, without approval in writing by all members.
(e) A copy of each amendment shall be filed with the Secretary.of State of Georgia and shall be recorded in the Office of the Clerk of the Superior Court of Clarke County, Georgia.
25. The name and address of the incorporator is: Stephen C.
Baker, Dearborn s Ewing, Suite 1200, One Commerde Place, Nashville, Tennessee 37239.
IN WITNESS WHEREOF, Lhp undersigned incorporator has executed these Articles of Incorporation this 30th day of September, 1983.
Stephen C. Baker, Incorporator /14.3N.GEE21 Order: KZFR66T9S Address: 116 Scandia Cir # 116 Order Date: 07-08-2023 Document not for resale HomeWiseDocs
TIVOLI CONDOMINIUM
TABLE OF CONTENTS
I. Declaration Establishing Tivoli Condominium page
1. Submission to Condominium Ownership 1
a. Purpose
c. Location 1
d. Land and Improvements 1 e, Plat and plans
2. Definitions • 2
a. Apartment 2
b. Assessment 2
c. Association 2
d. Common Elements 2
e. Common Expenses 2
f. Declarant
g. Limited-Common Elements 3
h. Mortgage 3
i. Mortgagee 3
j. Unit 3
k. Unit Owner 4
1. Utility Services 4
3. Ownership of Common Elements and Common Expense Liability 4
a. Undivided Interest Allocation 4
b. Conveyance of Undivided Interest 5
4. Maintenance and Alteration of Units 5
a. Responsibility of Unit Owner with Exceptions 5
1. Association to Repair Water Damage Not Resulting From Negligence of Occupants or Unit Owner Nor the Result of Water Leakage froM the Water Heater in such Unit 5
2. Association to Clean Exterior Surfaces of Windows 5
3. Association to Maintain Exterior Surface of Exterior Doors 5
b. Restrictions 5.
c. Reporting Defects 5
d. Replacement Components to be Same Color, Grade and Style 5.
e. Limitation on Alterations
f. Association's Right to Perform Unit Maintenance 6
5. Maintenance and Alteration of Common Elements and Limited Common Elements 6
a. Common Elements Responsibility of Association 6
b. Limited Common Elements Responsibility of Association With Exceptions 6
1. Unit Owner to Maintain Air Conditioning and Heating Equipment - 6
2. Maintenance of Screens - 7
3. Maintenance of Balconies, Patios and Fences Enclosing Patios 7
c. Restrictions on Alterations 7
d. Association's Right to Perform Limited Common Element Maintenance 7
e. Common Element Alteration or Improvement 7
6. Chart of Identification of Condominium Components and Allocations of Maintehance Responsibility and Expense 7 Order: KZFR66T9S iK 4 1.3m€E71.
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TABLE OF CONTENTS
(Page Two)
Page
7. Assessments
a - Allocation
Interest and Late Charges on Past Due
Assessments
c. Lien of Association for Unpaid Assessments
and Rental in case of Foreclosure
d. Notice of Foreclosure and Lapse of Lien
Assessments at Time of Conveyance
at Foreclosure
from Association Setting Fortr
Unpaid Assessments 10 8 - Easements 10
Easements Granted to Association 10 Easements Granted to Unit Owners 11 Easements Reserved to Declarant: 11 Damage Resulting from Use of Easements 11 9. Rights of Mortgage Holders in Relation to
Assessments 12 a . Assessment Liens Subordinate to First
Mortgage Lien 12 Notice of Default 12 c. Exemption from Assessments to First or Second
Purchase Money Mortgagee Obtaining Title by
Reason of Foreclosure 12 10. Association 12
Membership 12 Number of Votes •-12c. By-Laws 13
Incorporation 13 e. Association Funds and Assets Appurtenant
to Unit 13 f. Unit Owner Decisions 13 11. Insurance 13 a . Insurance Coverage 13
1. Hazard Insurance 13 2. Public Liability 14 4. Flood Insurance
Workman's Compensation
5. Directors and Officers
5 . Other Insurance
b. Notice to Declarant of Change in Insurance;
Approval Rights of Association and First
Mortgagees
&: Named Insured
Rating of Insurance Carrier
e. Premiums
Association to Act as Agent for Unit Owner
12. Responsibilities of Insurance Trustee 16 a . Proceeds Covering Property Losses to be
Paid to Trustee 16 Duty of Insurance Trustee 16 Expenses and Pees of Insurance Trustee 17 Distribution of Proceeds of Insurance Policies 17 1. Damages Reconstructed or Repaired
Damages Not Reconstructed or Repaired 17 Certificate of Distribution 17
Damage or Destruction of Units 17 a. Unit. Owner to Restore Unit 17 b. Circumstances Under Which Unit Shall Not Be Restored 18
Address: 116 Scandia Cir # 116 Ex 443P221 Order Date: 07-08-2023
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TABLE OF CONTENTS
(Page Three)
Paye 14. Damage or Destruction of Common Elements 18 15. Reconstruction or Repair 18 16. Responsibilities and Procedures as to Payment for Repairs 18 a . Unit Owner's Responsibility 18 b. Association's Responsibility 19
Additional Assessment to Cover Excess Cost
of Reconstruction or Repair 19 d: Punds of More Than $30,000 in Excess of
Insurance Proceeds to be Deposited with
Insurance Trustee 19 Disbursement of Proceeds from Assessments
and Insurance 20
To Unit Owner 20 1: To Association 20 17. Use Restrictions 20 a . Units for Use as Residence Only 20 b. No Division of Units 20 c. Two or More Adjoining Units as Single Residence 20 d. Use of Common Elements 21 e. Unacceptable Use of Condominium 21
Amendment of Rules and Regulations 22 18. Relocation of Boundaries Between Units 22 a _ Unit Owners' Application to Association 22
Amendment to Declaration 22 Plats and Plans 23 d. Recording of Amendment . 23 Assignments and Reassignments of Limited Common Elements 23 a. Restrictions on Assignments and Reassignments
of Limited Common Elements 23 b. Amendment to Declaration 23 c. Common Element may not be Assigned as Limited
Common Element 24 20. Declarant's Units and Privileges 24
Right of Declarant to Sell, Lease, or Rent ***'24 b: No Interference with Declarant's Sale of Units 24 21. Professional Management 25 22. Notice of Mortgage Lien or Suit 25
Lien 25 a . 25 b. suit 25 c. Failure to Comply
23. Compliance, Default and Remedies 25
Additional Liability 2.5 Costs and Attorney's Fees 26 No Waiver of Rights 26 d. Abating and Enjoining Violations 26
Legal Proceedings 27 e :
Lease and Transfer of a Unit; Notice to Association 27 24. 27
Leases 28 b. Notice of Transfer of Unit
Miscellaneous 28
Transfer: or Lease of a Unit 28 Notices 28 Right of Board to Adopt Rules to
Implement Para. 24 28 4. Transfer or Lease of Unit Without
Complying.with Para. 28 Order ZFR66T9S
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TABLE OF CONTENTS
(Rage Four.)
Page 25. Association's Right to Purchase at a Foreclosure Sale 29 a . Association's Power to Purchase With
Consent of 75% of Unit Owners
Financing of Purchase by Association
c. Lease or Sale of Unit by Association
26. Amendments
a . Notice of Proposed Amendment
b. Amendment by Resolution
c. Restrictions on Amendments
d. Certification of Amendments 30
277 Termination 30 a . Consent of 4/5 of Unit Owners' and All
Mortgagees 30 b. Property Owned as Tenants in Common 30 C . Rights of Unit Owners to Assets of Association 31 d. Liens Deemed Transferred to Undivided Interest
of Unit Owner 31
28. Eminent Domain 31 29. Approval Rights of Mortgagees 31 a . Approval Required for : 31
Abandoning/Terminating Condominium Project 31 Changing Prorata Interests of Units 31 ( 1) Assessments-Allocation of Proceeds or
Awards 32 (ií) Prorata Share of Common Elements 32 Partition or Subdivision of Unit 32 Partitioning, Subdividing, Encumbering,
Selling, or Transferring Common Elements 32 5 . Use of Insurance Proceeds 32 b. Action Prohibited by Condominium Act not Permitted 32. 30. Further Assurances for First Mortgagees; Incorporation
of FHLMC Regulations 32 a. Exemption from Para. 24 of Mortgagee 33
Taking Title Pursuant to Foreclosure 33 1. Accepting Deed in Lieu of Foreclosure 33 3 . Selling or Leasing Unit 33 Right to Examine Books, Records, Financial
Statements, By-Laws and other Rules of
Association 33 c. Right to Receive Financial Statement 33 d. Reserve Funds 33 e. Interpretation Given to Declaration or
Constituent Bocuments 33 Agreements for Professional Management 34 Notice to First Mortgagee of Loss to Common
Elements Exceeding Market Value of any One
Unit, or Loss to a Unit Exceeding 10% of
Market Value of Any One Unit 34 h. Notice to First Mortgagee of Lapse, Cancellation, or Material Modification of Insurance Policy or
Fidelity Bond 34 Notice to First Mortgagee of Proposed Action
Requiring the Consent of Specified Percentage
of Mortgage Holders 34
31. Non-Liability of the Declarant, Directors and Officers
of the Association 34 32. service contract: Order: KZFR66T9S 35
Address: 116 Scandia Cir # 116 T 443P821 Order Date: 07-08-2023
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TABLE OF CONTENTS
(Page Five)
Page Severability 35 33.
Gender Clause 35 34 -
Signatures
Exhibit A Legal Description of Land
Exhibit A-l Percentage of Each Unit's Undivided Ownership
Interest In Common Elements
Exhibit A-2 Component IdentiFication, Maintenance and Expense Exhibit B By-Laws for Tivoli Condominium and
Tivoli Condominium Association, Inc.
1. Identity
Incorporation
Purpose
2 - Members
Meetings of Members
First Annual Meeting
Special Meetings
C - Notice of All. Members' Meetings
Quorum 2 e . Aggregate 200 Votes-Votes Allocated by
one Vote Per Unit
Vot ing
Proxies
Majority Vote Required for Adoption of
Decisions, Exemptions w w i. Order of Business
Directors
a. Appointment of Initial Board of Directors,
Advisory Board, Compensation
b. Election of Board of Directors, Number, Term
of Office
Vacancies in Board of Directors
Removal of Director
Filling Vacancies
Term of Directors' Service
5. Directors' Meetings
Organizational Meeting....
b. Regular Meetings
c. Special Meetings
d. Waiver of Notice of Meeting
Quorum at Directors' Meeting
Presiding Officer
Order of Business
Adoption of Resolution
i. Minutes and Records
Powers and Duties of the Board of Directors
General
Election and Removal of Officers of the
Association
2. Administration of Affairs of Association
and Condominium Property
Services of Managing Agent
KLFR6619S
Address: 116 Scandia Cir # 116
* 113m 8, Date: 07-08-2023
cument not for resale
TABLE OF CONTENTS
(Page Six)
Page
4. Formulate policies 7
5. Adopt and Amend Rules and Regulations Affecting condominium Property and Common Elements . 8
6. provide for Repair and Maintenance of Common Elements, Approve Payment Vouchers B
7. Oversee and Delegate Hifiny and Removal of Employees and other Relevant Personnel 8
8. Appoint and Delegate Authority to Committees, 8
9. Determine and Revise Fiscal Year
10. Prepare Estimated Annual Budget, Supervise Assessments and Collections ----- 8
11. Enter Lease Agreements for Guest or Custodial Un:ts 6
12. Borrow Money for Repair or Restoration Of Common Elements 8
13. Secure Insurance Policies, Review Coverage 8
14. Maintain or Defend Actions on Behalf of Unit Owners and Distribute Money Judgments 9
15. Comply with Majority of Unit owners 9
16. Act as Attorney-in-Fact in Granting or Accepting Easements 9-
17. Exercise Other Powers and Duties of Unit Owners 9
b. Board of Directors Act for the Association 9
c. Powers or Duties Delegated to the Unit Owners By Law Cannot Be Granted to The Board of Directors, Association or Officers 9
7. officers 9
a. Executive Officers 9
b. Powers and Duties of President c. Powers and Duties of Vice President 10
d. Duties of Secretary 10
e. Duties of Treasurer 10
8. Indemnification 10
a. Directors and officers, Committee Members, • Board of Directors and Declarant b. Extent of Indemnification 11
c. Payment of Legal Expenses d. Power to Raise Funds Re: Indemnification 10
9. Assessments 13
a. Date of Assessment
b. Payment of Working Capital Assessment 13
c. Acceleration of Assessment Upon Default . 13
d. Supplemental Assessments 13
e. Deposits and Withdrawals of Association Monies 14
f. Annual Audit of Accounts ' ., 14
g. Fidelity Bonds Required by Board of Directors 14.
h. Reports of Receipts and ❑isbursements Affecting Common Elements 15
1. Statement of Account 15
10. Common Profits
a. Definition
b. Use of Common Profits
11. Rules and Regulations 15
12. Amendments 15
a. .Notice of Proposed Amendment h. Presentation of Proposed Amendment 15
c. Restrictions on Amendments 16
d. Certification of Amendments 16 Order: KZFR66T9S Address: 116 Scandia Cir # 116 Order Date: 07-08-2023 Document not for resale HomeWiseDocs
TABLE OF CONTENTS
(Page Seven)
13. Parliamentary Rules
14. Definition of Terms .
15. Compliance with Statute Exhibit C Articles of Incorporation of Tivoli Condominium Association, Inc.
II. Rules and Regulations for Tivoli Condominium IIF. Proposed Estimated Budget for First Year Order: KZFR66T9S Address: 116 Scandia Cir # 116 Order Date: 07-08-2023 Document not for resale HomeWiseDocs