Covenants
COMPILED 2018 (with amendments of 5/5/04 and 9/24/07 merged)
By the Law Firm of Timmons, Warnes, and Mercer
DECLARATION OF RESTRICTIONS AND COVENANTS
GREYSTONE SUBDIVISION
ATHENS-CLARKE COUNTY, GEORGIA
THIS DECLARATION, original made on August 18, 1997, by RICHARD H. MARBUT (hereinafter sometimes called "Declarant").
RECITALS:
Declarant is the owner of the real property referenced in Section 1 of Article II of this Declaration and described in Exhibit "A" attached hereto.
Declarant desires to subject the real property described in Exhibit "A" to the provisions of this Declaration, and to avail the Community of the provisions and benefits of the Georgia Property Owner's Association Act codified at O.C.G.A. §44-3-220, et seq.;
NOW, THEREFORE, Declarant hereby declares that the real property described in Exhibit "A" to this Declaration, including the improvements constructed or to be constructed thereon, is hereby subject to the provisions of this Declaration, and the provisions of O.C.G.A. §44-3-220, et seq, and shall be held, sold, transferred, conveyed, used, occupied and mortgaged or otherwise encumbered subject to the covenants and restrictions (sometimes referred to herein collectively as "covenants and restrictions") hereinafter set forth, which are for the purpose of protecting the value and desirability of, and which shall run with the title to the real property hereby made subject hereto, and shall be binding on all persons having any right, title or interest in all or any portion of the real property now made subject hereto, their respective heirs, legal representatives, successors, successors in title and assigns, and shall inure to the benefit of each and every owner of all of any portion thereof.
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ARTICLE T
DEFINITIONS
A. "The Act" shall mean the Georgia Property Owners Association Act, O.C.G.A. §44-3220, et seq., as the same is or may be hereinafter amended.
B. "Architectural Review Committee" shall mean and refer to the Architectural Review Committee initially comprised of RICHARD H. MARBUT and such other individuals or entities as Declarant may appoint and thereafter those persons selected by the Board of Directors in compliance with the provisions of this Declaration.
C. "Articles of Incorporation" shall mean the Articles of Incorporation of the Association, as the same may be hereinafter amended.
D. "Association"' shall mean and refer to the Greystone Subdivision Homeowner's Association, Inc., a non-profit Georgia corporation, its successors and assigns. E. "Board of Directors" shall mean the Board of Directors of the Association, the members of which shall be appointed and elected from time to time as provided in this Declaration, the Articles of Incorporation and the By-Laws. The Board of Directors shall be the governing body of the Association.
"By-Laws" shall mean the By-Laws of the Association, as the same may be hereinafter amended.
G. "Common Area" means all real and personal property submitted to the Declaration which is owned or leased by the Association for common use and enjoyment of the members. "Common Area' as defined herein may sometimes be referred to as "Common Elements" and shall include, but may not be limited to, the property identified as Common Areas A, B, C, D, E, F, G and H as shown on the Master Plan for Greystone Planned Development prepared by Raymond & Associates, P.C., a copy being incorporated herein by reference for a more particular description.
H. "Common Expenses" means all expenditures lawfully made or incurred by or on behalf of the Association together with all funds lawfully assessed for the creation and maintenance of reserves pursuant to the provisions of the Declaration.
I. "Community" shall mean and refer to that certain real property described in Exhibit "A" attached hereto.
J. "Declarant"' shall mean and refer to (i) RICHARD H. MARBUT or (ii) any successor-intitle to the said party to all or some portion of the Community, provided such successorin-title shall acquire such Community for the purpose of development or sale, and provided further, in the instrument of conveyance to any such successor-in-title such successor-in-title is expressly designated as the "Declarant" hereunder at the time of such conveyance; or (iii) should any of the Community become subject to a first mortgage given by "Declarant" as security for the repayment of a construction or development loan, then all the rights, privileges and options herein reserved to "Declarant" shall inure to the benefit of the holder of such mortgage upon its becoming the owner of all the Community then subject thereto through whatever means, or the purchaser of all such Community at a judicial or foreclosure sale made pursuant to any power of sale contained
in such mortgage; and, further, all the rights, privileges and options herein reserved to "Declarant" may be transferred to the successor-in-title of any such acquirer of title to such Community provided any such successor-in-title shall acquire for the purpose of development or sale all or some portion of such Community, and provided further, in the instrument of conveyance to such successor-in-title, such successor-in-title is designated as the "Declarant' hereunder. The privileges and options herein reserved to "Declarant' may be transferred to the successor-in-title of any such acquirer of title to such Community provided any such successor-in-title shall acquire for the purpose of development or sale all or some portion of such Community, and provided further, in the instrument of conveyance to such successor-in-title, such successor-in-title is designated as the "Declarant" hereunder by the grantor of such conveyance, which grantor of such conveyance shall be the "Declarant" hereunder at the time of such conveyance. In the event that persons specified in both (ii) and (iii) above become entitled to succeed to the interests of "Declarant" as therein provided, then as between such persons, any person entitled to be "Declarant" by virtue of (iii) above shall be "Declarant" instead of any person entitled to be "Declarant" by virtue of (ii) above.
K. "Declaration" means this recordable instrument creating covenants upon property which covenants are administered by a property owners' association in which membership is mandatory for all owners of lots in the Community.
L. "Lots" shall mean any plot of land located within the Community which constitutes a single dwelling site designated on any plat of survey recorded in the Office of the Clerk of Superior Court of Athens-Clarke County, Georgia, as well as any building or any portion of any building located thereon which is intended for independent residential use. M. "Lot Owner' or "Owner' shall mean and refer to the record owner, whether one or more persons, of the fee simple title to any Lot located within the Community, excluding, however, any person holding such interest merely as security for the performance or satisfaction of any obligation.
N. "Mortgage" means any mortgage, deed to secure debt, security deed and any and all other similar instruments used for the purpose of conveying or encumbering real property as security for the payment or satisfaction of an obligation.
O. "Person" means any natural person, as well as a corporation, joint venture, partnership (general or limited), association, trust or other legal entity.
ARTICLE II
PROPERTY SUBJECT TO THIS DECLARATION
Section 1. Property Subject to Declaration. The real property which is, by the recording of this Declaration, subject to the covenants and restrictions hereafter set forth and which, by virtue of the recording of this Declaration, shall be held, transferred, sold, conveyed, used, occupied and mortgaged or otherwise encumbered subject to this Declaration is the real property
described as the Community in Article I hereof. Declarant intends to construct forty (40) Lots in the Community, together with roads, utility systems and other improvements serving the Lots.
Further, Declarant intends to construct amenities for the benefit of the Community including a swimming pool, clubhouse, walking trails, landscaped common areas and natural common areas. On or before the date of conveyance of the first Lot in the Community by Declarant to an Owner, Declarant shall convey all common areas identified as Common Areas A, B, C, D, E, F, G and H as shown on the Master Plan for Greystone Planned Development to the Association as common areas for the enjoyment, benefit, and use of Lot Owners in the Community.
Section 2. Lots and Other Interests Subject to Plan of Development. Every purchaser of a Lot shall purchase such Lot and every mortgagee and lienholder holding an interest therein shall take title, or hold such security interest with respect thereto, with notice of Declarant's plan of development as herein set forth. Any provision of this Declaration to the contrary notwithstanding, the provisions of this the foregoing plan of development set forth in this Article II may not be abrogated, modified, rescinded, supplemented or amended in whole or in part without the prior written consent of Declarant.
ARTICLE III
POWERS OF THE ASSOCIATION AND BOARD OF DIRECTORS The powers of the Association and the Board of Directors shall be as set forth and shall be subject to the limitations and restrictions set forth in the Act, The Georgia Non-Profit Corporations Act, this Declaration, the Articles of Incorporation, the By-Laws of the Association, and all Athens-Clarke County laws and ordinances and all Georgia state laws. The final authority for interpretation of rules and regulations pertaining to the Greystone Subdivision Homeowners Association resides with the Board of Directors. Challenges to all such Association guidelines can be referred to the Board of Directors for clarification and/or resolution. Decisions by the Board of Directors shall be final and binding upon all members of the Association. (Amended 9/24/2007.)
ARTICLE IV
ARCHITECTURAL REVIEW COMMITTEE
Section 1. Purpose, Powers and Duties of the Architectural Review Committee. The purpose of the Architectural Review Committee is to assure that the plan for the installation, construction or alteration of any structure on any Lot is submitted to the Architectural Review Committee for approval (i) as to whether the proposed installation, construction or alteration is in conformity and harmony of external design and general quality with the existing standards of the
neighborhood and with the standards of the development of the Community; and (ii) as to the location of structures with respect to topography, finished ground elevation and surrounding structures. (Amended 9/24/2007.)
Section 2. Selection of the Architectural Review Committee. The Architectural Review Committee shall be appointed by the Board of Directors. (Amended 9/24/07)
Section 3. Meetings. The Architectural Review Committee shall hold such meetings as required or allowed by the Board of Directors according to the By-Laws. (Amended 9/24/07)
Section 4. Actions of Members of Architectural Review Committee.
(a) A majority vote of the Architectural Review Committee shall be required to approve all matters relating to building requirements over which the Architectural Review Committee has authority. Written notice of the decision of such member the ARC shall, within five (5) days thereof, be given to any applicant for an approval permit or authorization. The applicant may, within ten (10) days after receipt of notice of any decision which he deems to be unsatisfactory, file a written request with the Architectural Review Committee to have the matter in question reviewed by the Board of Directors of the Association. Upon the filing of any such request, the matter with respect to which request was filed shall be submitted to, and reviewed promptly by the Board of Directors, but in no event later than thirty (30) days after the filing of such request. The decision of a majority of the members of the Board of Directors with respect to such matter shall be final and binding. (Amended "Control" to "Review" 5/5/04.)
(b) The Architectural Review Committee shall have the duty and responsibility to monitor the Owner's construction or building to assure compliance with guidelines in existence at the time Owner's plans were approved by the Architectural Review Committee. The Committee's chairperson or a designee shall perform monitoring in a timely manner. Major deviations from the plan approved by the Architectural Review Committee shall be reported immediately to the Owner and to the President of the Board by the Chairperson of the Architectural Review Committee. As used in this Section, "timely manner" shall mean every reasonable effort shall be made, given the circumstances known at the time to avoid unnecessary expense to the Owner. (Amended 9/24/07 to delete Amendment (b) 5/5/04 and insert (b) as worded) (c) The name of the Architectural Control Committee shall be changed to the Architectural Review Committee. Anywhere in the By-Laws and Declaration where the words "Architectural Control Committee" appear, it shall hereafter be changed to the "Architectural Review Committee." Likewise, anywhere in the By-Laws and Declaration where the abbreviation "ACC" appears, it shall hereafter be changed to ARC. (Added 5/5/04.).
ARTICLE V
BUILDING REQUIREMENTS
The following property rights and architectural restrictions shall apply to the property which is subjected to this Declaration.
Section 1. Subdivision of Lot. No Lot shall be subdivided, or its boundary lines changed, except by amendment to the Master Plan for the Greystone Planned Development.
Section 2. Approval of Plans. No residence, building, wall, road, driveway, sidewalk, parking area, tennis court, swimming pool, or other structure or improvement of any kind shall be erected, placed, altered, added to, modified, maintained or reconstructed on any Lot until the plans therefore, and for the proposed location thereof upon the Lot, shall have been approved in writing by the Architectural Review Committee.
(a) In accordance with the procedures contained in this Section, Owners shall present plans to the Architectural Review Committee for approval prior to any building or structural improvement situated on Owners' Lots. Approval or disapproval shall be reasonable and based upon current architectural standards as provided for in the covenants. This Section shall not apply to existing or future structures owned by the Association for the benefit of all Owners. However, if the proposed improvement solely affects landscaping, Owners shall submit plans to the Landscape Committee for prior approval before engaging in any major improvement to or alteration of Owner's landscapes. (Amended 9/24/07.)
(b) Improvement shall mean and include any improvement, change or modification of the appearance of, including alteration of any structure situated on, a Lot from the state existing on the date of the conveyance by a Greystone owner of such Lot to someone else. (Amended 9/24/07.)
(c) Submission of Plans: Before taking any action requiring approval under this Section, a Lot Owner shall submit to the Architectural Review Committee a construction schedule and two (2) complete sets of final plans and outline specifications, showing site plan (which site plan shall show driveways, patios, decks, accessory buildings, and all other components referenced in the first sentence of this Section), landscape layout, floor plans, exterior elevations and exterior materials, colors and finishes. No changes or deviations in or from such plans and specifications as approved shall be made without the prior written approval by the Architectural Review Committee. No alteration in the exterior appearance of any building, structure or other improvement shall be made without like approval by the Architectural Review Committee. Further, before beginning any construction, the name of the builder must be submitted and approved by the Architectural Review Committee as to builder's experience and ability to build houses or other structures of the class and type of those which are to be built in the Community. (Amended 9/24/07; relabeled (c).)
(d) Approval Procedure: The Architectural Review Committee shall act in accordance with Article IV, Section 4, Subsection (a) upon receipt of such information to approve or disapprove the same. Neither the Architectural Review Committee, nor any person or party to whom the Architectural Review Committee shall assign such function, shall be responsible or liable in any way for the performance of any builder or for any defects in any plans or specifications approved in accordance with the foregoing, nor for any structural defect in any work done according to such plans and specifications. The Architectural Review Committee may refuse approval of plans, siting, or specifications upon any ground, including purely aesthetic considerations, which in its sole discretion it shall deem sufficient. Approval of any one series of improvements hereunder shall not waive the Architectural Review Committee's rights to disapprove subsequent improvements to the same Lot. An owner whose request for an improvement to his/her dwelling or Lot is denied may appeal to the Board of Directors as outlined in Article 4, Section IV, Subsection (a) (amended 5-504) contained herein. (Amended 9/24/07; relabeled (d).)
Section 3. Attachment of Utilities. No permanent utility connections shall be made to any dwelling or other structure by any utility, public or private, until the Architectural Review Committee has verified general compliance with these covenants and restrictions and with the plans and specifications therefor submitted pursuant to Section 2 above, and has approved said utility connections in writing.
Section 4. Other Building Requirements. The requirements set forth below are in no way to be construed as limiting the exercise of the Architectural Review Committee's discretion pursuant to Section 2 and 3 above:
(a) All residences in the Community must contain a minimum of 1600 square feet of heated living space.
(b) Each residence and other structures shall be constructed only of materials, and in colors, approved in writing by the Architectural Review Committee with the exterior of the residences being brick.
(c) The exterior of all residences and other structures must be completed within six (6) months after commencement of construction and the landscaping on such Lots must be completed within ninety (90) days thereafter, except, in each case, where, in the sole discretion of the Architectural Review Committee such completion is not possible or would result in greater hardship to the Owner or Builder due to strike, fire, national emergency or natural calamity. All yards shall be sodded with all maintenance of said grassed areas being the responsibility of the Association. (d) All electrical service, cable television and telephone lines shall be placed underground, and no exterior pole, tower, antenna or other device for the transmission or reception of television signals, radio signals or any other form of electromagnetic radiation, or for any other purpose, shall be erected, placed or maintained on any Lot except as may be constructed by the Declarant or approved in writing by the Architectural Review Committee. Further, the design, type, location, size, color, and
intensity of all exterior lighting shall be subject to control by the Architectural Review Committee and only such exterior lighting as shall have been approved in writing by the Architectural Review Committee shall be installed or used on any Lot. Notwithstanding the restrictions listed herein, an Owner shall be permitted to install an external satellite dish for television reception provided written permission of the Architectural Review Committee is obtained as outlined herein, if the satellite dish antennae has a maximum diameter of twenty (20) inches, and if the satellite dish is affixed to the side or back of the dwelling. Antennae on poles are expressly prohibited. (Added 5/5/04.)
(e) Mechanical equipment (other than heating or air conditioning equipment), shall be installed only within the main dwelling or buried. Heating and air conditioning equipment shall be installed in such location as will, to the maximum extent possible, not be readily visible to the view of neighboring Lots, streets and property located adjacent to the Community. No outdoor clothes lines shall be allowed in the Community.
(f) Unless located within ten (10) feet of a main dwelling or accessory building or within ten (10) feet of an approved building site, no trees, shrubs, bushes or other vegetation having a trunk diameter of six (6) inches or more at a point of two (2) feet above ground level may be cut, pruned, mutilated or destroyed at any time without the prior written approval of the Landscape Committee; provided, however, that dead or diseased trees, shrubs, bushes or other vegetation shall be cut and removed promptly from any Lot by the Owner thereof after such dead or diseased condition is first brought to the attention of the Landscape Committee. (Amended 9/24/07.) (g) No structure of a temporary character shall be placed upon any Lot at any time, except for shelters used by a building contractor during the course of construction. Such temporary shelters may not, at any time, be used as residences, nor be permitted to remain on the Lot after the completion of construction.
(h) No accessory building shall be placed, erected or maintained upon any part of any Lot except in connection with a residence already constructed or under construction at the time that such outbuilding is placed or erected upon that Lot.
(i) No camper, recreational vehicle, trailer, tent, boat, treehouse, play equipment (such as swing set) or other similar outbuildings shall be placed in the front yard or so as to be visible from any public right of way.
(i) No fences shall be constructed on any Lot except silt fences required during construction.
(k) No swimming pools may be constructed on any Lot.
Section 5. Right of Inspection. The Architectural Review Committee, its agents and representatives, shall have the right during reasonable hours to enter upon and inspect any Lot and improvement thereon for the purpose of ascertaining whether the installation, construction, alteration or maintenance of any improvement or the use of any Lot or improvement is in compliance with the provisions of this Declaration; and the Architectural Review Committee
shall not be deemed to have committed a trespass or other wrongful act solely by reason of such entry or inspection. (2007)
Section 6. Violation. If any improvement shall be erected, placed, maintained or altered upon any Lot, otherwise than in accordance with the plans and specifications approved by the Architectural Review Committee pursuant to the provisions of this Article, such erection, placement, maintenance or alteration shall be deemed to have been undertaken in violation of this Article and without the approval required herein. If in the opinion of the Architectural Review Committee such violation shall have occurred, the Architectural Review Committee shall refer such in writing to the Board of Directors. Any costs and expenses incurred by the Board of Directors in enjoining and removing any construction or improvements shall become a lien against the Owner's Lot in accordance with Article VIII. (Amended 9/24/07)
Section 7. Fees. The Board of Directors may impose and collect a reasonable and appropriate fee to cover the cost of inspections performed pursuant to Section 6 hereof, which such fee will be paid out of regular or special assessments established per Article VIII hereof. The fee shall be established from time to time by the Board of Directors. (Amended 9/24/07)
ARTICLE VI
USE RESTRICTIONS
Section 1. Violations of Article VI (Use Restrictions). The Board has the sole authority and duty to determine violations of Use Restrictions and to take appropriate action. (See "Standards for Lot Maintenance" approved by the Board on 8-1-04 - behind Tab 4 of your GSHA notebook.) (Section 1 added 9/24/07.) (Section 1 (a), (b), (c), and (d) added 9/24/07.) (a) The Board shall determine by a majority vote whether a violation has occurred. All notices, hearings, and decisions by the Board shall be given promptly in a timely manner. As used in this Section, "timely manner" shall mean a reasonable time given the circumstances known at the time and in accordance with Process and Procedures adopted by the Board and in effect at the time.
(b) The President or designee shall give Owners found in violation of Use Restrictions in Article VI a verbal warning, by phone or in person. The Owner shall be given a minimum of two (2) days to comply or respond in writing, or a longer time giving due consideration to a reasonable assessment of the nature of the violation.
(c) If an Owner fails to comply or respond within the time given, the President of the Board shall give written notice of the violation, by personal delivery or certified mail, to the Owner with a reasonable time for compliance. The Owner shall have the right to contest the decision, in writing prior to the deadline for compliance and request Board reconsideration. The Board shall grant Owner a hearing in a timely manner before a final decision of the Board shall become binding.
(d) The board shall make a final and binding determination in a timely manner of a violation and the amount of fine to levy, if any. The Board's decision shall be given in writing and
shall be binding upon the Owner. Fines remaining unpaid within thirty (30) days of mailing the Board's decision shall become a lien on the Owner's property and filed with the County Recorder's Office. (Added 9/24/07 and sections 1-11 renumbered.) Section 2. Residential Use. All Lots shall be used for single-family residential purposes exclusively. Except as hereinafter provided, no house, structure or other improvement shall be erected, altered, placed, maintained or permitted to remain on any Lot other than one (1) singlefamily dwelling. No business or business activity shall be carried on or upon any Lot at any time except with the written approval of the Board of Directors. (Amended 9/24/07 to be Section 2.)
Section 3. Signs. No commercial signs, including "for rent" or "for sale" signs or advertising posters of any kind shall be erected, placed or maintained on any Lot except as may be required by legal proceedings. Nothing herein shall be construed, however, to prevent Declarant from erecting, placing or maintaining upon any Lot, or permitting the erection, placing or maintaining upon any Lot by builders or residents, of such signs as Declarant may deem necessary or desirable during the period of the development, construction and sale of the Lots and residences constructed thereon. Also, the provisions of this Section shall not apply to any mortgagee who becomes the Owner of any Lot as purchaser at a judicial or foreclosure sale conducted with respect to a first mortgage or deed to secure debt or as transteree pursuant to any proceeding in lieu thereof. Notwithstanding the restrictions listed herein, the use of standard size "For Sale" signs of real estate brokers or the use by Owners of signs of comparable size and quality to those used by real estate professionals shall be permitted. (Amended 5/5/04; relabeled Section 3 in 9/24/07.
Section 4. Mail Boxes. Property Identification Markers and Decorative Hardware. The Board of Directors shall have the right to approve the location, color, size, design, lettering and all other particulars of mail and newspaper boxes, if any, and of name signs on such boxes, as well as property identification markers and decorative hardware, whether attached to such mailbox, to any structure within the Lot or affixed or erected upon the grounds of the Lot. All mailboxes shall be in style and shape approved by the Board of Directors. (Amended 9/24/07 and relabeled Section 4.)
Section 5. Garbage Cans, Woodpiles, etc. All garbage cans, woodpiles, etc. shall be located or screened so as to be concealed from view of neighboring Lots, streets and property located adjacent to the Community. All rubbish, trash, and garbage shall be regularly removed from the premises and shall not be allowed to accumulate thereon. (Amended 9/24/07 to relabel Section S.)
Section 6. Prohibited Structures. No mobile home, house trailer, faeter factory or manufacturer assembled homes, modular homes, tent, shack, barn, or other outbuilding or structure (except accessory buildings otherwise permitted hereunder) shall be placed on any Lot at any time, either temporarily or permanently; provided, however, house trailers, temporary buildings and the like shall be permitted for construction purposes during the construction period
of residences or as one or more real estate sales offices of Declarant for the sale of property. (Amended 9/24/07 to relabel Section 6.)
Section 7. Animals and Pets. No animals, livestock or poultry of any kind may be raised, bred, kept or permitted on any Lot, with the exception of dogs, cats or other usual and common household pets in reasonable number, provided that said pets are not kept, bred or maintained for any commercial purpose, are not permitted to roam free, and in the sole discretion of the Board of Directors, do not endanger the health, make objectionable noise or constitute a nuisance or inconvenience to the Owners of other Lots or the owner of any property located adjacent to the Community. Dogs which are household pets shall at all times, whenever they are outside a dwelling, be on a leash. No structure for the care, housing or confinement of any pets shall be maintained on any Lot. (Amended 9/24/07 to relabel Section 7.)
Section 8. Incapacitated Motor Vehicles. No automobile or motor driven vehicle may be left upon any Lot for a period longer than five (5) days in a condition such that it is incapable of being operated upon the public highways. After such five (5) day period, such vehicle shall be considered a nuisance and detrimental to the welfare of the neighborhood and must be removed from the Community. Any towed vehicle, boat, motor home or mobile home regularly stored upon any Lot, or temporarily kept thereon for periods longer than twenty-four (24) hours each, shall be considered a nuisance and must be removed from the Community. The foregoing, however, does not apply to such boats or other vehicles, whether motor-driven or towed, as are stored wholly within a private garage or trailer storage areas, if any, designated by the Board of Directors. No commercial vehicles may be parked, stored or temporarily kept within the Community, unless such vehicles are stored wholly within private garages, are within the Community temporarily to service existing improvements or are used in connection with the construction of improvements within the Community. (Amended 9/24/07 and relabel Section 8)
Section 9. Nuisance. It shall be the responsibility of each Lot Owner to prevent the development of any unclean, unhealthy, unsightly, or unkempt condition of buildings or grounds on his or her Lot or Lots. No Lot shall be used, in whole or in part, for the storage of any property or thing that will cause such Lot to appear to be in an unclean or untidy condition or that will be obnoxious to the eye; nor shall any substance, thing, or material be kept upon any Lot that will emit foul or obnoxious odors or that will cause any noise or other condition that will or might disturb the peace, quiet, safety, comfort, or serenity of the occupants of surrounding property. No noxious or offensive activity shall be carried on upon any Lot, nor shall anything be done thereon tending to cause embarrassment, discomfort, annoyance, or nuisance to any person using any property adjacent to the Lot. There shall not be maintained any plants or animals or device or thing of any sort whose activities or existence in any way is noxious, dangerous, unsightly, unpleasant, or of a nature as may diminish or destroy the enjoyment of property in the neighborhood by the Owners thereof. (Amended 9/24/07 to relabel Section 9.)
Section 10. Unsightly or Unkempt Conditions. The pursuit of hobbies or other activities, including specifically, without limiting the generality of the foregoing) the assembly and disassembly of motor vehicles and other mechanical devices, which might tend to cause disorderly, unsightly or unkempt conditions, shall not be pursued or undertaken in any part of the Community. (Amended 9/24/07 to relabel Section 10.)
Section 11. Antennae. Except as provided in Article V, Section 4, Subsection (d), no Owner shall erect, use, or maintain any outdoor antenna or other device for the transmission or reception of television signals, radio signals, or any form of electromagnetic radiation, whether attached to a building or structure or otherwise without the prior written consent of the Architectural Review Committee; provided, however, Declarant and the Association shall have the right to erect and maintain such devices or authorize the erection and maintenance of such devices. Each Owner acknowledges that this provision benefits all Owners. (Amended 5/5/04; relabeled Section 11 by Amendment 9/24/07.)
Section 12. No Parking on Private Streets. Common Areas F and G are the private streets designated as Stonecrest Court and Flatrock Court on the Master Plan for the Greystone Planned Development. Parking of motor vehicles on Common Areas F and G is strictly prohibited. Violations will be subject to appropriate fines levied by the Association. (Amended 9/24/07 and relabeled Section 12.)
Section 13. Leasing of Units. Units may be leased by unit owners subject to the covenants and restrictions of this Declaration and subject to any part of the rules and regulations governing leasing established by the Board of Directors. Any lease agreement shall be required to provide that the lessee, sublessee, his invitees, employees and guests comply with the terms of the Declaration and that any failure by the lessee, sublessee, his invitees, employees, or guest to comply with the terms of such documents shall be a default under the lease. All leases shall be required to be in writing. (Added 5/5/04 and relabeled Section 13 by Amendment 9/24/07.)
ARTICLE VII
ASSOCIATION MEMBERSHIP AND VOTING RIGHTS
Section 1. Membership. Every Owner of a Lot in the Community shall be a member of the Association. If title to a Lot is held by more than one person, each of such persons shall be members. Membership shall be appurtenant to the Lot to which it appertains and shall be transferred automatically. Notwithstanding the above, each Lot shall be entitled to one (1) vote in the Association.
Section 2. Amplification. The provisions of this Article are to be amplified by the Articles of Incorporation and By-Laws of the Association provided, however, that no such amplification shall substantially alter or amend any of the rights or obligations of the Owners of Lots as set forth herein. In the event of any conflict or inconsistencies among this Declaration,
the Articles of Incorporation or the By-Laws of the Association, this Declaration and the Articles of Incorporation (in that order) shall prevail.
ARTICLE VIII
ASSESSMENTS
Assessments against the Lot Owners shall be made to raise funds to pay the common expenses of the Property, and contribute a pro rata share of the maintenance of the common areas of the Community and shall be governed by the following provisions:
(a) Liability. Each Lot Owner shall be liable to the Association for all sums as are lawfully assessed by the Association against him or his Lot or Lots in accordance with the terms and provisions of this Declaration and the Articles of Incorporation and By-Laws. In addition to exercising the remedies provided for herein, the Association may enforce such liability by an action at law to recover all amounts assessed against each unit owner in accordance with the provisions of this Declaration.
(b) Creation of the Lien and Personal Obligation for Assessment. Each Owner of any Lot by acceptance of a deed or other conveyance thereof, whether or not it shall be expressed in any such deed or other conveyance, covenants and agrees to pay to the Association assessment which shall be fixed, established, and collected as herein provided; however, nothing contained herein shall be construed to obligate Declarant to pay assessments on Lots prior to the sale of said Lots.
(c) Uniform Rate of Assessment. All annual assessments shall be fixed at a uniform rate for all Lots except as follows:
(i) Any common expenses benefitting less than all of the Lots may be specially assessed equitably among all of the Lots so benefitted, as determined by the Board;
(ii) Any common expenses occasioned by the conduct of less than all of those entitled to occupy all of the Lots or by the lieenses licensees or invitees of any such Lot or Lots may be specially assessed against the Lot or Lots, the conduct of any occupant, licensee or invitee of which occasioned any such common expense;
(111) Any common expenses significantly disproportionately benefitting all of the Lots should be assessed equitably among all of the Lots in the Community as determined by the Board.
(iv) Lots owned by Declarant shall not be assessed prior to Declarant's sale of said Lots to third parties.
Nothing contained herein shall permit the Association to specially or disproportionately allocate common expenses for periodic maintenance, repair and replacement of any
portion of the common areas or the Lots which the Association has the obligation to maintain, repair, or replace.
(d) Purpose. Assessments shall be levied against the Lot Owners and the Lots to defray the common expenses of the Property. The common expenses of the Property shall be all of the expenditures which are made or incurred by or on behalf of the Association in connection with the exercise of its powers and responsibilities, and shall include but not be limited to the following:
(1) Ad valorem taxes assessed against the property of the Association; (ii) The expenses of performing the maintenance and any necessary restoration of trails, private roads, roadway landscaping, landscaping on traffic islands and maintenance, upkeep and operation of the clubhouse and swimming pool;
(iii) Common utility bills and charges for other common services, including but not limited to water and power;
(iv) Premiums for all insurance policies maintained by the Association; (v) The expenses of performing the maintenance, repair, renovation, restoration and replacement work which is the responsibility of the Association hereunder;
(vi) The expenses of performing the maintenance and restoration of all sodded
(grassed) areas within the Community;
(vii) Such other costs and expenses as may be determined from time to time by the Board of Directors to be common expenses; and
(viii) Management fee, if any, and expenses of administration of the
Association;
(ix) The creation and maintenance of such reserve fund as are required to be maintained by the Association under Article VIII herein, and such other reserve funds as the Board of Directors shall determine, including but not limited to a reserve for repairs and maintenance.
(e) Budget, Payment Dates. No less than thirty (30) days prior to the commencement of each fiscal year of the Association, the Board of Directors shall adopt a budget for the succeeding fiscal year, which budget (i) shall estimate the amount of common expenses which are anticipated to be incurred during such year, and (ii) shall make provision for an adequate reserve fund for maintenance, repair and replacement of those portions of the common elements that must be replaced on a periodic basis. Prior to the commencement of such fiscal year, the Board of Directors shall furnish a copy of such budget to each Lot Owner, together with a written statement of the amount of such common expenses which shall be assessed against such Lot Owner for such fiscal year. Unless otherwise determined by the Board of Directors, such assessment shall be due on January 1 of each year. The Board of Directors shall be authorized to prorate the annual assessment into twelve monthly or four quarterly installments. In addition, any fees, charges, and other amounts payable by any Lot Owner to the Association shall be added to and shall, unless
paid at the time the same are incurred or at some other time determined by the Board of Directors, be due and payable as part of the installment of the assessment next coming due.
(1) Special Assessments. If for any reason, including nonpayment of any Lot Owner's assessment, an annual budget adopted by the Board of Directors for any fiscal year proves inadequate to defray the common expenses for such fiscal year, the Board of Directors may, at any time, levy a special assessment to raise additional funds necessary to defray such common expenses, which special assessment shall be due and payable at such time and in such installments as the Board of Directors shall determine. Additionally, the Board of Directors shall be authorized to levy special assessments under the circumstances described in this Declaration.
(g) Special Assessments for Capital Improvements. In addition to the assessments which shall be levied against the Lot Owners, the Board of Directors shall be authorized, upon the affirmative vote of 75% of the Lot Owners entitled to cast votes to levy a special assessment for the purpose of defraying, in whole or in part, the costs of any capital improvements to be made upon the common elements, or for the costs of making repairs or replacements which are not provided for in the current budget of the Association. Any such special assessments for the capital improvements and repairs shall be payable at such time and in such installments as the Board of Directors shall determine.
(h) Collection. In addition to all other remedies provided by law, the Association may enforce collection of the assessments for which a Lot Owner is liable, together with all other amounts as may be owed by such Lot Owner to the Association, as hereinafter provided.
(i) In the event that any Lot Owner shall fail to pay any installment of any assessment levied against him within ten (10) days after such installment shall be due and payable and within five (5) days after written notice is mailed to the Lot Owner, the entire unpaid balance of such assessment for the remainder of the fiscal year may, at the option of the Board of Directors, be accelerated and be declared immediately due and payable in full, without notice to such Lot Owner. (ii) In the event that any Lot Owner shall fail to pay within five (5) days after the same shall be due, any amounts due and payable to the Association, such Lot Owner shall be liable for the payment of, and shall pay, in addition to the amounts so due the Association:
(a) A late charge equal to the Ten ($10.00) Dollars or ten (10%) percent of the amount so due, whichever is greater;
(b) Interest on the amount so due, and the aforesaid late charge appertaining thereto, from the date same were due and payable, at the rate of ten (10%) percent per annum, until paid;
(c) The cost of collection, including court costs, the expenses of sale, any expenses required for the protection and preservation of the Lot, and reasonable attorney's fees actually incurred; and
(d) In the event the Association shall seek to foreclose its lien on the Lot of such Owner, the fair rental value of the Lot from the time of the institution of suit until sale of the unit at foreclosure (or until the judgment rendered in such suit is otherwise satisfied).
(iii) All sums lawfully assessed by the Association against any Lot Owner or Property Owner's Association Lot, whether for the share of the common expenses pertaining to that Lot, fines, or otherwise and all reasonable charges made to any Lot Owner or Lot for material furnished or services rendered by the Association at the Owner's request to or on behalf of the Lot Owner or Lot, shall, from the time the sums become due and payable, be the personal obligation of the Lot Owner and constitute a lien in favor of the Association on the Lot prior and superior to all other liens whatsoever except:
(a) Liens for ad valorem taxes on the Lot;
(b) The lien of any first priority mortgage covering the Lot and the lien of any mortgage recorded prior to the recording of the Declaration; or (c) The Lien of any secondary purchase money mortgage covering the Lot, provided that neither the grantee nor any successor grantee of the mortgage is the seller of the Lot.
The Recording of this Declaration shall constitute record notice of the existence of the lien and no further recordation of any claim of lien for assessment shall be required
(iv) The rights of a Lot Owner and all persons entitled to occupy the Lot of such Owner, to use the common elements shall be suspended for the period of time any amount due and owing to the Association in regard to any Lot owned by such Owner shall remain unpaid; provided, however, that no such suspension shall deny any Lot Owner, or the occupants of any Lot, access to the Lot owned or occupied, nor cause any hazardous or unsanitary condition to exist.
(i) Fee for Statements of Amounts Due. The Association may require the payment of a fee, not to exceed Ten ($10.00) Dollars as a prerequisite to its issuance of any statement pursuant to the Act or this Declaration.
ARTICLE IX continued on page 17
ARTICLE IX
INSURANCE
Insurance (other than title insurance) which shall be obtained by the Association shall be governed by the following provisions:
(a) Types of Insurance. The Association shall obtain and maintain the following insarance policies.
(i) A multi-peril casualty insurance policy covering the common elements, providing as a minimum, fire and extended coverage, vandalism and malicious mischief, on a replacement cost basis in an amount not less than (100%) of the full replacement cost of the common elements within the Community. The name of the insured under such casualty insurance policy shall be stated as follows: "Greystone Subdivision Homeowners Association, Inc. for the use and benefit of the individual Lot Owners in Greystone Subdivision, Athens-Clarke County, Georgia". The amount of coverage of such casualty insurance policy shall be readjusted by appraisal reappraisal or re-evaluation of the insured property not less frequently than once every five years. Such casualty insurance policy shall contain the standard mortgagee clause which shall be endorsed to provide that any proceeds shall be paid to the Association for the use and benefit of mortgages mortgagees as their interest may appear.
(ii) A comprehensive policy of public liability insurance covering all of the common elements. Such liability insurance policy shall contain a "severability of interest" endorsement which shall preclude the insurer from denying the claim of a Lot Owner because of the negligent acts of the Association or other Lot Owners. Such liability insurance policy shall cover the Association, the Board of Directors, the officers of the Association, all agents and employees of the Association, and all unit owners and other persons entitled to occupy any Lot or other portion of the Property, shall be for at least $500,000.00 for injury including death to a single person, $1,000,000.00 for injury or injuries, including death, arising out of a single occurrence and $50,000.00 for property damage, with a cross liability endorsement to cover the Lot Owners as a group and shall include protection for damage to the property of others.
(iii) Such other insurance policies as the Board of Directors shall deem desirable for the benefit of the Association, its Officers and Directors or the Lot Owners. (b) Minimum Qualifications of Insurance Carriers. Each policy of insurance which the Association is required to maintain under the provisions of this Declaration shall be written by a hazard insurance carrier which has a financial rating by Best's Insurance Reports of Class A: VI or better and which is licensed to transact business within the State of Georgia.
(c) Minimum Qualifications of Insurance Policies. All policies of insurance which the Association is required to maintain under the provisions of this Declaration shall (a) not allow contributions or assessments to be made against the Owner of any Lot, or the holder of any mortgage upon any Lot, (b) not allow loss payments to be contingent upon any action by the insurance carrier's board of directors, policyholders, or members, (c) not include any limiting clauses (other than insurance conditions) which could prevent any Lot Owner or the holder of any mortgage upon any unit from collecting insurance proceeds, and (d) contain or have attached a mortgage clause which provides that the insurance carrier shall notify in writing all holders of first lien mortgages on any of the units at least ten (10) days in advance of the effective date of any reduction in, cancellation, or nonrenewal of such policies.
In no event shall any recovery or payment under the insurance coverage obtained and maintained by the Association be affected or diminished by insurance purchased by individual Lot Owners or mortgagees, and no Lot Owner shall be entitled to exercise his right to maintain any additional insurance coverage in such a way as to decrease the amount which the Association may realize under any insurance policy which it may have in force on the Property at any particular time.
(d) Proceeds on Account of Damage to Common Elements. Insurance proceeds which shall be paid on account of damages to or destruction of any portion of the common elements shall be held by the Association in a construction fund, which shall be used for the purpose of repairing, reconstruction or rebuilding the portion of such common elements so damaged or destroyed, as provided in this Declaration. If it shall be determined in accordance with the provisions of this Declaration not to repair, reconstruct or rebuild the portion of the common elements so damaged or destroyed, then the insurance proceeds paid on account of the occurrence of such damage or deconstruction to such portion of common elements shall first be used to clean up and landscape the common elements as necessary in view of the fact that such part of the common elements is not to be repaired, reconstructed or rebuilt, and the remaining insurance proceeds shall be disbursed to the Lot Owners proportionately, such disbursement to be made payable jointly to the Lot Owners and their mortgagees. Notwithstanding anything contained in this Declaration, the Articles of Incorporation, the By-Laws, or the Act which may be construed to the contrary, in no event shall any insurance proceeds paid to the Association on account of the occurrence of any fire or other casualty be deemed to be common profits.
ARTICLE XI continued on page 19
ARTICLE XI
DAMAGE TO OR DETRUCTION DESTRUCTION OF COMMON ELEMENTS Repair, reconstruction or rebuilding of the common elements following damage or deconstruction to all or any portion of the common elements shall be governed by the following provisions:
(a) Estimates of the Cost of Repair. As soon as practicable following the occurrence of any damage to, or destruction of any portion of the common elements, the Board of Directors shall obtain reliable and detailed estimates of the cost of repairing and restoring such portion of the common elements so damaged or destroyed to substantially the same condition as such portion of the common elements were in prior to the occurrence of such damage and destruction and shall proceed with the filing and adjustment of all claims arising under insurance maintained by the Association as a result of such damage or destruction.
(b) Determination to Repair, Reconstruct, or Rebuild. Any damage to, or destruction of the common elements will be repaired, reconstructed, or rebuilt unless the owners of the Lots to which 75% of the votes in the Association are allocated shall determine within 45 days after the occurrence of the casualty not to repair, reconstruct, or rebuild the same. (c) Manner of Repair, Reconstruction, or Rebuilding. All repairs, reconstruction, or rebuilding to be made as a result of damage by fire or other casualty shall be made in accordance with the following provisions:
(i) The damage shall be repaired, reconstructed, or rebuilt substantially in accordance with the plans and specifications for such damaged property prior to the occurrence of such damage;
(ii) All of the work of repairing, reconstruction, or rebuilding any portion of the common elements, the damage to or destruction of which cause the payments of insurance benefits under insurance policies maintained by the Association, shall be performed under the supervision of the Board of Directors which, in discharging such supervisory responsibility, shall be authorized to employ such building supervisors and architects as the Board of Directors shall deem to be in the best interest of the Association.
(d) Cost of Repairs, Reconstruction, or Rebuilding. The cost of repairing, reconstructing, or rebuilding any portion of the common elements which shall be damaged or destroyed shall be paid with any insurance proceeds which shall be paid to the Association on account on such damage or destruction. If such insurance proceeds are not sufficient to defray such cost of repair, reconstruction, or rebuilding, then the Board of Directors may levy a special assessment against all of the Lot Owners and Lots to raise the excess funds necessary to defray such costs.
ARTICLE XII
GENERAL PROVISIONS
Section 1. Easements for Architectural Review Committee. There is hereby created in favor of the Architectural Review Committee, its members, agents, employees and any management company retained by the Architectural Review Committee, an easement to enter in or to cross over the Lots to inspect and to perform the duties of maintenance and repair of the Lots, as provided for herein.
Section 2. Easements for Declarant. Declarant hereby reserves for himself, his successors and assigns, agents, employees, contractors and sub-contractors, the following easements and rights-of-way in, on, over, under and through any part of the Community as well as in, on, over, under and through any part of the Additional Property for so long as Declarant owns any Lot primarily for the purpose of Sale:
(a) For the erection, installation, construction and maintenance of wires, lines and conduits, and necessary or proper attachments in connection with the transmission of electricity, gas, water, telephone, community antenna, television cables and other utilities;
(b) For the construction of improvements in the Lots;
(c) For the installation, construction and maintenance of storm-water drains, public and private sewers, and for any other public or quasi-public utility facility;
(d) For use as sales offices, model lots and parking spaces in connection with his efforts to market Lots; and
(e) For the maintenance of such other facilities and reasonably required, convenient or incidental to the completion, improvement and sale of Lots.
Section 3. Easements for the Association. There is hereby created in favor of the Association, its Board of Directors, its members, agents, employees and contractors, an easement to enter upon, enter in, or cross over the Lots for the purpose of providing the maintenance required by the Association in this Declaration. Specifically included herein is the easement for maintenance of all grassed areas within the Community.
Section 4. Enforcement. The Architectural Review Committee, the Association, or any Owner, including Declarant, shall have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants, reservations, easements, liens and charges now or hereafter imposed by the provisions of this Declaration. Failure by any person to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter.
Section 5. Duration. The Provisions of this Declaration shall run with and bind the land and shall be and remain in effect perpetually to the extent permitted by law. Provided, however, so long as Georgia law limits the period during which covenants restricting lands to certain uses may run, any provisions of this Declaration affected thereby shall run and bind the land so long
as permitted by such law and such provisions may be renewed or extended in whole or in part beyond the initial period permitted by such law for successive periods not to exceed the period permitted by such law provided such renewal or extension is approved by at least eighty percent (80%) of the Lot Owners. Every purchaser or grantee of any interest in any real property subject to this Declaration, by acceptance or a deed or other conveyance therefor, thereby agrees that such provisions of this Declaration may be extended and renewed as provided by this Section.
Section 6. Rights of Mortgages. In addition to the rights elsewhere provided, each mortgagee of a Lot, or purchaser or insurer of a mortgage on any Lot subject to this Declaration, including Federal National Mortgage Association, Federal Home Loan Mortgage Corporation, the Veterans Administration and the Federal Housing Administration shall (a) be entitled to written notice from the Association of any default by an Owner in the performance of his obligations under the Declaration which is not cured within 30 days; (b) be entitled to attend and observe all meetings of Owners, but not meetings of the Association's Board of Directors; (c) be furnished copies of annual financial reports made to the Owners; (d) be entitled to inspect current copies of the Declaration, Articles of Incorporation, By-Laws, Rules and Regulations, books, records and financial statements of the Association during normal business hours; (e) be entitled to written notice from the Association of any lapse, cancellation, or material modification of any insurance policy or fidelity bond maintained by the Association; (f) be entitled to written notice from the Association of any condemnation or casualty loss that affects a material portion of the Community, or the Lots securing its mortgage and (g) be entitled to timely written notice of any proposed action which would require the consent of a specified percentage of mortgagees; provided, however, that such mortgagee or purchaser or insurer of such mortgage shall first file with the Association a written request that such notices be sent to a named agent or representative of the mortgagee at an address stated in such notice.
Section 7. Amendment. This Declaration may be amended unilaterally at any time and from time to time by Declarant (i) if such amendment is necessary to bring any provision hereof into compliance with any applicable governmental statute, rule or regulation or judicial determination which shall be in conflict therewith, (ii) if such amendment is necessary to enable any reputable title insurance company to issue title insurance coverage with respect to the Lots subject to this Declaration, (iii) if such amendment is required by an institutional or governmental lender or purchaser of mortgage loans, including, for example, the Federal National Mortgage Association or Federal Home Loan Mortgage Corporation, to enable such lender or purchaser to make or purchase mortgage loans on the Lots subject to this Declaration, or (iv) if such amendment is necessary to enable any governmental agency or reputable private insurance company to insure mortgage loans on the Lots subject to this Declaration, provided any such amendment shall not adversely affect the title to any Owner's Lot unless any such Lot Owner shall consent thereto in writing.n
Continued on page 22
All amendments other than those specified hereinabove shall be adopted as follows:
(i) At least sixty-seven (67%) percent of the Lot Owners shall be necessary to amend this Declaration. Notwithstanding anything to the contrary herein, it is expressly. provided that any amendment which adversely affects the title to any Lot must be approved by the Owner of such Lot in writing.
(ii) The proposed amendment may be proposed by either Lot Owners or Declarant. The Declarant, or the Association, may call a meeting of the Lot Owners to consider such an amendment and shall be required to call such a meeting upon a petition signed by at least twenty-five (25%) percent of the Lot Owners. If a meeting of the Lot Owners is called to consider such an amendment, the time within which and the manner by which notice of such meeting shall be given, the authorized use of proxies, and the quorum required for the transaction of business at such meeting shall correspond to the requirements for meetings of the Association.
(ili) The consent of the Lot Owners required to approve said amendments shall be obtained by affirmative vote, written consent, or a combination thereof. A meeting of the Lot Owners shall not be required in the event that the requisite approval of the Lot Owners is obtained by written consent. The required consent of Declarant shall be in writing.
No amendment to the provisions of this Declaration shall alter, modify, change or rescind any right, title, interest or privilege herein granted or accorded to the holder of any mortgage affecting any Lot unless such holder shall consent thereto in writing. The written consent thereto of any mortgage holder affected thereby shall be filed with such amendment. Every purchaser or grantee of any interest in any real property now or hereafter subject to this Declaration, by acceptance of a deed or other conveyance therefor, thereby agrees that this Declaration may be amended as provided in this Section. No amendment shall become effective until filed with the Clerk of the Superior Court of Athens-Clarke County, Georgia.
Section 8. Interpretation. In all cases, the provisions set forth or provided for in this Declaration shall be construed together and given that interpretation or construction which will best effect the intent of the general plan of development. The provisions hereof shall be liberally interpreted and, if necessary, they shall be so extended or enlarged by implication as to make them fully effective.
Section 9. Gender and Grammar. The singular whenever used herein shall be construed to mean the plural when applicable, and the use of the masculine pronoun shall include the neuter and feminine.
Section 10. Severability. Whenever possible, each provision of this Declaration shall be interpreted in such manner as to be effective and valid, but if the application of any provision of this Declaration to any person or to any property shall be prohibited or held invalid, such prohibition or invalidity shall not affect any other provision or the application of any provision
which can be given effect without the invalid provision or application, and to this end the provisions of this Declaration are declared to be severable.
Section 11. Captions. The captions of each Article and Section hereof as to the contents of each Article and Section are inserted only for convenience and are in no way to be construed as defining, limiting, extending or otherwise modifying or adding to the particular Article or Section to which they refer.
The original Declaration of Restrictions and Covenants for Greystone Subdivision, dated August 18, 1997, is recorded in Deed Book 1656, page 259, with the Amendment dated May 5, 2004, recorded in Deed Book 2648, page 314, and the Amendment dated September 24, 2007, recorded in Deed Book 3409, page 38, all in the office of the Clerk of Superior Court of Athens-Clarke County, Georgia.
This compilation was reviewed and approved by the Board of Directors this day of
_, 2018.
Signed, sealed and delivered in GREYSTONE SUBDIVISION
the presence of: HOMEOWNER'S ASSOCIATION, INC.
By:
Witness
Attest:
Notary Public
EXHIBIT А
ALL that tract or parcel of land, together with all improvements thereon, situate, lying and being in the 1899ạ G.M.D., Athens-Clarke County, Georgia being known and designated as 16.782 acres as shown on a plat entitled "Survey for Richard Marbut", dated December 4, 1996, by Ray N. Woods, Registered Land Surveyor No. 2049, said plat being recorded at Plat Book 33, page 212, in the office of the Clerk of the Superior Court of Athens-Clarke County, Georgia and being incorporated herein by reference for a more particular description.
FILE BEHIND TAB-1 IN HOMEOWNERS NOTEBOOK GREYSTONE SUBDIVISION HOMEOWNERS ASSOCIATION, INC.
Includes amendments of 2004, 2009, and 2019
2019 By-Laws
Approved by the Board of Directors May_9, 2019
Approved by Association Membership June 10. 2019
ARTICLE ONE
OFFICES
1.1 Name. The name of the Association is GREYSTONE SUBDIVISION HOMEOWNER'S ASSOCIATION, INC., hereinafter referred to as the "Association".
1.2 Location. The principal office of the Association shall be located at 109 Rockford Drive, Athens, GA 30605. The mailing address of the Association is 109 Rockford Drive, Athens, GA 30605.
ARTICLE TWO
MEETINGS OF THE LOT OWNERS
Annual Meeting Date. The annual meeting of Lot Owners shall be held on any Monday, between January 15 and 31 of each year, or if said date be a legal holiday, then on the next succeeding day which is not a holiday. [Amended in 2009]
2.2 Special Meeting. Special meetings of the Lot Owners may be called at any time by the President or by Lot Owners having twenty-five percent (25%) or more of the total vote of the Association.
2.3 Place. Annual or special meetings of the Lot Owners will be held in the Greystone Clubhouse at 109 Rockford Drive, Athens, Clarke County, Georgia or may, if necessary, be held at any place within reasonable proximity to Greystone Subdivision, Athens, Georgia as set forth in the notice thereof, or in the event of a meeting held pursuant to waiver of notice, as may be set forth in the waiver.
2.4 Notice. Notice of annual or special meetings of the Lot Owners shall be given to each Lot Owner at least twenty-one (21) days in advance of any annual or regularly scheduled meeting, and at least seven (7) days in advance of any other meeting, stating the time, place and purpose of such rules and regulations established by the Board of Directors governing the use of the Common Area and
2.5 Quorum. A quorum shall be deemed present throughout any meeting of the Lot Owners until adjourned if Lot Owners, in person or by absentee ballot, entitled to cast more than one-third (1/3rd) of the votes of the Association are present at the beginning of such meeting. (2019 amendment)
Continued p.2
Note: Over the years, by pattern of practice, GHOA has come to identify the Association.
GHOA By-Laws, Approved by Association Members 6/10/19
2.6 Vote of Lot Owners. On all matters upon which the Lot Owners are entitled to vote, each Lot Owner shall be entitled to cast the number of votes which are allocated to each Lot owned by such Lot Owner by the Declaration. Any action of the Association shall be deemed valid upon the majority vote of the Members present in person or by absentee ballot at any annual or special meeting of the Association at which a quorum is present, unless the Declaration, the Articles of Incorporation, or the Georgia Property Owners Association Act provide for an affirmative vote greater than a majority. (2019 amendment)
The vote of the Owners of a Lot owned by a corporation or other legal entity shall be cast by the person named in a certificate signed by the agent of such corporation, or by a general partner of a partnership, as the case may be, and filed with the Secretary of the Association. Such certificate shall be valid until revoked by a subsequent certificate. If such a certificate is not on file, the vote of such Lot shall not be considered in determining the requirement for a quorum nor for any other purpose. In no event shall more than one vote be cast with respect to any Lot.
2.7 Voting. Votes of Association Members may be secretly cast in person or by absentee ballot. All absentee ballots shall be addressed to the Secretary of the Association at 109 Rockford Circle and must be received by the Secretary no later than two (2) days before the deadline for voting, as set by the Board. (2019 amendment)
2.8 Suspension of Membership and Voting Rights. During any period in which a Member shall be in default for thirty (30) days in the payment of any annual or special assessment levied by the Association, the voting rights and right to use of the recreational facilities of such Member may be suspended by the Board of Directors until such assessment has been paid. Such rights of a Member may also be suspended, after notice and hearing, for a period not to exceed ninety (90) days, for violation of any rules and regulations established by the Board of Directors governing the use of the Common Area and facilities.
2.9 Presiding Officer. The presiding officer at all meetings of the Lot Owners shall be the President, in whose absence the President-elect shall preside. If neither of such officers is present, the Members shall elect a chairman to preside at the particular meeting. (2019 amendment)
Adjournments. Any meeting of the Lot Owners, whether or not a quorum is present, may be adjourned by the holders of a majority of the votes represented at the meeting to reconvene at a specific time and place. It shall not be necessary to give any notice of the reconvened meeting, if the time and place of the reconvened meeting are announced at the meeting which was adjourned. At any such reconvened meeting at which a quorum is represented or present, any business may be transacted which could have been transacted at the meeting which was adjourned.
2.11 Action in Lieu of Meeting. Any action to be taken at a meeting of the Lot Owners, or any action that may be taken at a meeting of the Lot Owners, may be taken without a meeting if a consent in writing setting forth the action so taken shall be signed by all of the Lot Owners entitled to vote with respect to the subject matter thereof and any further requirements of law pertaining to such consents have been complied with.
GHOA By-Laws, Approved by Association Members 6/10/19
ARTICLE THREE
DIRECTORS
3.1 General Powers. Except as provided otherwise in the Georgia Property Owners Association Act, the Georgia Nonprofit Corporation Code, the Declaration, the Articles of Incorporation, or these By-Laws, the powers inherent in or expressly granted to the Association may be exercised by the Board of Directors without any further consent or action on the part of the Lot Owners. The Board of Directors shall have the authority to adopt from time to time reasonable rules and regulations governing the use of the submitted property by the Lot Owners. All resolutions adopted and all business transacted by the Board of Directors shall require the affirmative vote of a majority of the Directors present at the meeting. (2019 amendment)
(a) Agreements. The Board of Directors shall also be authorized to enter into such agreements for professional management of the Association as the Board shall deem to be in the best interests of the Association; provided, however, that all such agreements must provide for termination on ninety (90) days written notice and a maximum contract term of three (3) years. (formatting change 2019)
(b) Communications. The Board of Directors shall communicate or approve all official business and news of the Association made to Members or members of the public. (2019 amendment)
3.2 Number of Directors. The Board of Directors of the Association shall consist of five (5) Members: President, President-Elect, Secretary and two (2) Directors at Large. Board members (specified by the accompanying office or position they will hold) shall be elected at each annual meeting of the Lot Owners and serve for their prescribed term and until their successors are elected.
3.3 Nomination. Nominations for election for the Board of Directors shall be made by a Nominating Committee in accordance with the Board of Directors charge to the committee (see 5.3) Nominations may also be made from the floor at the annual meeting. The Nominating Committee shall consist of a Chairman, and two or more Members of the Association. The Nominating Committee shall be appointed by the Board of Directors prior to each annual meeting of the Members. The Nominating Committee shall make as many nominations for election to the Board of Directors as it shall in its discretion determine, but not less than one for each position for which the election is being held. (2019 amendment)
(a) Eligibility. Such nominations shall be made from among the Members of the Association, defined as a Lot Owner in the Association's Articles of Incorporation and Declaration of Restrictions and Covenants. Members may assign their right to serve on the Board of Directors to their spouse, parent, adult child, or personal trustee, provided that:
(i) written consent by the Member is given to the Nominating Committee in the manner prescribed by the Board of Directors, and
(11) the assignee is either a resident in Member's home or a personal trustee.
GHOA By-Laws, Approved by Association Members 6/10/19
(b) Limitation. Only one (1) eligible person per Lot may be nominated to serve on the Board of Directors, either a Lot Owner or a Lot Owner's personal assignee, as provided under Section 3.3 (a). (2019 added amendments (a) and (b))
3.4 Election. Election of the Board of Directors shall be by secret written ballot cast either in person or by absentee ballot at the Annual Meeting. (See also requirements in 2.7 Voting.) The Members may cast, with respect to each vacancy, as many votes as Lots owned by that Member. Persons receiving the largest number of votes shall be elected. Cumulative voting is not permitted. All ballots shall be held CONFIDENTIAL by Members and the Secretary. (2019 amendment)
(a) Term of Officers. The President, Secretary and Treasurer shall serve one (1) year. The President-elect shall serve one (1) year followed by one (1) year as President. Such terms shall begin following adjournment of the Annual Meeting. (2019 amendment)
(b)Term of Directors. Directors-at-Large shall serve two-year terms, which shall be staggered beginning with the 2019 Annual Meeting. The Director serving a two-year (2) term in 2018 will complete that term by serving the second (2) year in 2019. The second Director-at-Large will be elected to serve two (2) year terms beginning in 2019. (2019 amendment)
3.5 Vacancies. The Directors may fill the place of any Director which may become vacant prior to the expiration of his/her term, and such appointment by the Directors is to continue until the expiration of the term of the Director whose place has become vacant.
3.6 Meetings. The Directors shall meet annually without notice, following the Annual Meeting of the Members and thereafter shall meet quarterly on Board-approved dates and times communicated by the Secretary to Members, according to Article 2.4. (2019 amendment)
(a) Special Meetings. Special meetings of the Directors may be called at any time by the President or by any two (2) Directors, on 24-hour notice to each Director, which notice shall specify the time and place of the meeting. Notice of any such meeting may be waived by an instrument in writing executed before or after the meeting. (2019 added amendment)
(b) Electronic Meetings. Directors may attend and participate in regular or special meetings either in person or by means of conference telephones or by means of which all participants in the meeting can hear each other, and participation in such meetings shall constitute presence in person at any meeting. (2019 amendment)
(c) Working Sessions. The President may call a working session of the Board as needed to conduct Association business, at a date and time when a majority of Directors can attend in person. No votes shall be taken at a working session. The Secretary shall immediately file a summary report of the session with the current minutes stored in the clubhouse. (2019 added amendment)
(d) Ratification. Association business may be conducted between quarterly meetings, or pertinent to special meetings, by the Officers with approval of a majority of all Directors, provided such action is ratified at the next regular or special meeting. (2019 added amendment)
GHOA By-Laws, Approved by Association Members 6/10/19
3.7 Quorum. A majority of the number of Directors shall constitute a quorum for the transaction of business. Every act or decision done or made by a majority of the Directors present at a duly held meeting at which a quorum is present shall be regarded as the act of the Board.
Action in Lieu of Meeting. Approval of any Board action needed to conduct business of the Association may be obtained without a meeting if approval of a majority of Board members is given by an e-mail addressed to all Board members in which is set forth actions to be taken. The Director requesting approval shall print a copy of the e-mail and note thereon the time and date of each Director's response. All such actions taken in lieu of a meeting shall be ratified at the next regular meeting of the Board of Directors. (2019 amendment)
(a) If such business is urgent, where time is of the essence, the Board shall call a special meeting, as provided in Section 3.6 (a). (2019 amendment)
3.9 Compensation. Officers and Directors shall serve without compensation, but they shall be entitled to reimbursement for reasonable expenses incurred in performance of their duties.
ARTICLE FOUR
OFFICERS AND THEIR DUTIES
Enumeration of Officers. The officers of this Association shall be a President, Presidentelect, and Secretary (all of which shall also serve as Directors), a Treasurer who shall function as an ex-officio member of the Board of Directors, and such other offices as the Board may from time to time by resolution create.
Election of Officers. The election of officers shall take place at the Annual Meeting as specified in Article 3.4 above. A Treasurer shall be appointed by the Board of Directors at its first meeting following each Annual Meeting of the Lot Owners.
4.3 Term. Each officer of this Association shall hold office for the period specified in Article 3.4 above, unless he shall sooner resign, or shall be removed, or be otherwise disqualified to serve. To facilitate continuity of the Board of Directors, the staggered terms of office specified in Article 3.4 shall be tollowed.
4.4 Special Appointments. The Board of Directors may elect such other officers as the affairs of the Association may require, each of whom shall hold office for such period, have such authority, and perform such duties as the Board may, from time to time, determine.
4.5 Resignation and Removal. Any officer may be removed from office with or without cause by the Association. Any officer may resign at any time by giving written notice to the Board, the President or the Secretary. Such resignation shall take effect on the date of receipt of such notice
GHOA By-Laws, Approved by Association Members 6/10/19
or at any later time specified therein, and unless otherwise specified therein, the acceptance of such resignation shall not be necessary to make it effective. (2019 amendment)
4.6 Vacancies. A vacancy in any office may be filled in either of two ways: (a) in the manner prescribed for regular election or (b) in a manner specified by the Board and approved by a majority of Membership. The officer elected to such vacancy shall serve for the remainder of the term of the officer he/she replaces. (2019 amendment)
4.7 Multiple Offices. No person shall simultaneously hold more than one of any of the offices except in the case of special offices created pursuant to Section 4 of this Article. (2019 amendment)
4.8 Duties. The duties of the officers are as follows:
(a) President - The President shall preside at all meetings of the Board of Directors; shall see that orders and resolutions of the Board are carried out; shall sign all leases, mortgages, deeds and other written instruments, and shall co-sign all promissory notes. In the absence of the Treasurer, the President may sign checks. (2019 amendment)
(b) President-elect - The President-elect shall act in the place and stead of the President in the event of absence, inability or refusal of the President to act, and shall exercise and discharge such other duties as may be required of him/her by the Board. The President-elect shall automatically ascend to the office of President at the first meeting of the Board of Directors during the second year of his/her two-year term. In the absence of the Treasurer and President the President-elect may sign checks. (2019 amendment)
(c) Secretary - The Secretary shall record the votes and keep the minutes of all meetings and proceedings of the Board and of the Members; keep the corporate seal of the Association and affix it on all papers requiring said seal; serve notice of meetings of the Board and of the Members, keep appropriate current records showing the Members of the Association together with their addresses, and shall perform such other duties as required by the Board.
(d) Treasurer - The Treasurer shall receive and deposit in appropriate bank accounts all monies of the Association and shall disburse such funds as directed by resolution of the Board of Directors; shall sign all checks and promissory notes of the Association; keep proper books of account; and shall prepare a statement of income and expenditures to be presented to the Membership at its regular Annual Meeting, and deliver a copy of each to the Members. The Treasurer shall be appointed by the Board of Directors from among the Lot Owners, and need not be a member of the Board of Directors. The Treasurer shall be an ex-officio member of the Board of Directors.
ARTICLE FIVE
COMMITTEES
5.1 The Board of Directors shall appoint a Nominating Committee, as provided in these By-Laws, Article 3.3. In addition, the Board of Directors shall appoint the following standing committees and annually provide each with budgeted operating funds and a charge (see 5.3):
GHOA By-Laws, Approved by Association Members 6/10/19
(a) Architectural Review Committee, which shall advise the Board of Directors on all matters pertaining to architectural restrictions set forth in the Declaration, and shall perform such other functions as the Board, in its discretion, determines. (5.1 and (a) amended 2019)
Pool and Clubhouse Committee, which shall advise the Board of Directors on all matters pertaining to the pool and clubhouse and any other recreational facility of the Association and shall perform such other functions as the Board, in its discretion, determines.
(c) Landscape Committee, which shall advise the Board of Directors on all matters pertaining to the maintenance, planting of shrubs and trees and improvement of the common grounds of the property, and shall perform such other functions as the Board, in its discretion, determines.
(d) Community Relations Committee which shall serve internal communications of the Association in recognition of birthdays, illnesses, and deaths affecting Owners and in welcoming new residents. The committee shall participate in periodic updating of Owners' Information Resource notebooks and shall perform such other functions as the Board, in its discretion, determines. (2019 amendment)
(e) Social Events Committee, which shall plan and coordinate Member social functions such as dinner socials celebrating selected holidays. The committee shall inform Members of upcoming events through appropriate media and shall, after consultation and approval by the Board, implement other relevant social functions for the Association and its Members.
(f) Detention Pond and Woods Committee which shall advise the Board of Directors on all matters pertaining to the maintenance of the walking trail and the detention pond/woods, insuring that the dam/pond complies with the standards of Athens-Clarke County. It shall perform such other functions as the Board, in its discretion, determines. (2019 added committee)
(g) Budget/Finance Committee which shall oversee the Association's books and necessary tax forms, prepare the annual budget proposal, and prepare statements of income and expenditures to be presented to the Membership at its regular meeting. The Treasurer shall be the chairperson of this Committee.
5.2 It shall be the duty of each committee to receive complaints from Members on any matter involving Association functions, duties, and activities within its field of responsibility. It shall dispose
GHOA By-Laws, Approved by Association Members 6/10/19
of such complaints as it deems appropriate or refer them to such other committee, Director or Officer of the Association as is further concerned with the matter presented.
5.3 The Board of Directors may, in its sole discretion, appoint other committees as deemed appropriate in carrying out its purposes. In addition, for all committees (Nomination, standing, and appointed) and for any appointed Task Force, the Board shall provide written charges of additional instructions and authorizations, which charges may be amended from time to time by the Board. (2019 amendment)
ARTICLE SIX
INSPECTION OF BOOKS - NOTICE TO MORTGAGEES
6.1 The books, records, and papers of the Association shall at all times, during reasonable business hours, be subject to the inspection of any Lot Owner or the mortgagee of any Lot Owner. The Board of Directors shall initiate an annual financial review of the Association. (2019 amendment)
6.2 All mortgagees who request the same shall be entitled to receive a written notification from the Association of any default in the performance by the individual Lot Owner/mortgagor of any obligation which is not cured within sixty (60) days. (2019 amendment)
ARTICLE SEVEN
SEAL
7.1 The seal of the Association shall be in such form as the Board of Directors may from time to time determine. In the event it is inconvenient to use such seal at any time, the signature of the President followed by the word "Seal" enclosed in parentheses or scroll shall be deemed the seal of the Association. The seal shall be in the custody of the Secretary and affixed by him/her on all appropriate papers. (2019 amendment)
ARTICLE EIGHT
RESOLUTION OF CONFLICTS
8.1 In the case of any conflict between the Articles of Incorporation and these By-Laws, the Articles shall control; and in the case of any conflict between the Declaration and these By-Laws, the Declaration shall control.
ARTICLE NINE
FISCAL YEAR
9.1 The Board of Directors shall be authorized to fix the fiscal year of the Association and to change the same from time to time as it shall deem appropriate.
GHOA By-Laws, Approved by Association Members 6/10/19
ARTICLE TEN
DEFINITIONS
10.1 All of the terms defined in the Georgia Property Owners Act shall be deemed to have the meanings therein specified wherever they appear in these By-Laws, unless the context otherwise requires. (2019 amendment)
ARTICLE ELEVEN
BY-LAW AMENDMENTS
11.1 The By-Laws of the Association may be amended by a two-thirds (2/ 3rd) majority vote of ballots cast by Members of the Association at which a quorum of Members (14+) is present. Proposed changes to the By-Laws must be submitted to Members a minimum of twenty-one (21) days prior to the meeting at which the proposed change shall be heard. (2019 amendment)
Note:
Certain corrections were made in this document to assure consistency and/or to meet legal standards in terminology. These corrections include:
(1.) substituting Lot Owner for "unit own% nd Lot for "un% 'oth of which are condominium terms. (2.) Capitalizing all Board officers (President, President-elect, and Secretary) and all occurrences of owner (to Owner), members (to Members), association (to Association), directors (to Directors).
(3.) Typographical errors.
Secretary of State CONTROL NUMBER: 9837682
EFFECTIVE DATE: 09/30/1998
Corporations Division COUNTY : CLARKE
Suite 315, West Tower REFERENCE : 0093
2 Martin Luther King Jr. Dr. PRINT DATE : 10/14/1998
FORM NUMBER : 311
Atlanta, Georgia 30334-1530
MICHAEL A. MORRIS
PO BOX 832
ATHENS, GA 30603
CERTIFICATE OF INCORPORATION
I, Lewis A. Massey, the Secretary of State and the Corporation Commissioner of the State of Georgia, do hereby certify under the seal of my office that
GREYSTONE SUBDIVISION HOMEOWNER'S ASSOCIATION, INC.
A DOMESTIC NONPROFIT CORPORATION
has been duly incorporated under the laws of the State of Georgia on the effective date stated above by the filing of articles of incorporation in the office of the Secretary of State and by the paying of fees as provided by Title 14 of the Official Code of' Georgia Annotated.
WITNESS my hand and official seal in the City of Atlanta and the State of Georgia on the date set forth above.
Levis A. Massey
Lewis A. Massey
Secretary of State
STATE OF GEORGIA
ARTICLES OF INCORPORATION
OF
GREYSTONE SUBDIVISION HOMEOWNER'S ASSOCIATION, INC.
1.
The name of the corporation is GREYSTONE SUBDIVISION HOMEOWNER'S
ASSOCIATION, INC." and is hereinafter referred to as the "Association".
2.
The Association is organized and is incorporated pursuant to the provisions of the Georgia
Non-Profit Corporation Code.
The Association shall have perpetual duration.
4.
The Association is not organized for and shall not be operated for, pencuinary gain or profit, and no part of the net earnings of the Association shall inure to the benefit of any unit owner,
member, director, officer, or private individual (except that reasonable compensation may be paid for services rendered to or for the Association affecting one or more of the Association's purposes). The
Association shall never engage in propaganda, shall never attempt to influence legislation, and shall never participate in any political campaign on behalf of any candidate for public office, nor shall any
part of any property owned by the Association or any part of the income therefrom be devoted to
such purposes.
The purposes for which the Association is organized are to maintain and administer the duties of the Association relating to Greystone Subdivision. The Association is incorporated pursuant to the Georgia Property Owners' Association Act codified at O.C.G.A. §44-3-220, et seg. (the "Act"), and pursuant to the Declaration of Restrictions and Covenants, Greystone Subdivision, recorded at Deed Book 1656, page 259, in the Office of the Clerk of the Superior Court of Athens-Clarke County, Georgia (the "Declaration"). In order to carry out such purpose, the Association shall have all the powers set forth in the Declaration, the Georgia Non-Profit Corporation Code, and in the Act as being exercisable by a corporation formed for the purpose of exercising the powers of an association of any condominium created pursuant to the Condominium Act.
5.
The corporation will have members. Each person owning a lot (as defined in the Declaration) in Greystone Subdivision shall automatically be a member of the Association, which membership shall continue during the period of such ownership by such unit owner.
The directors shall be elected in the manner set forth in the by-laws of the Association.
The initial principal office of the Association shall be at 575 Gaines School Road, Athens, Georgia 30605. The initial registered agent of the Association shall be Richard H. Marbut.
The initial Board of Directors of the Association shall number three (3), and the name and address of each person who is to serve as a member thereof is as follows:
Richard H. Marbut
575 Gaines School Road
Athens, GA 30605
The name and address of the incorporator is:
Richard H. Marbut
575 Gaines School Road
Athens, Georgia 30605
IN WITNESS WHEREOF, the undersigneg has executed these Articles of incorporation.
_(SEAL) RICHARD H. MARBUT
Incorporator
BLASINGAME, BURCH, GARRARD, BRYANT & ASHLEY, P.C.
440 College Avenue North
ATHENS, GEORGIA 30601
(706) 354-4000
06. Nd 90 01 190