Declaration
James C. Warnes
Timmons, Wames & Mercer, LLP P.O. Box 1963
Athens, GA 30603-1963
DECLARATION OF CONDOMINIUM OF
LEGACY OFFICE PARK, A CONDOMINIUM
IN OCONEE COUNTY, GEORGIA
TABLE OF CONTENTS
ARTICLE I, STATUTORY REFERENCE AND DEFINITIONS
1.01 Georgia Condominium Act
1.02 Definitions
ARTICLE II, PROPERTY RIGHTS
2.01 Name and General Description
Description of Units
Subdivision or Combination of Units
2.04 Common Elements
Description of Limited Common Elements
2.06 Unit Boundaries
2.07 Easements
(a) Use and Enjoyment
(b) Maintenance and Repair
Structural Support
Utilities
(e) General
2.08 Allocation of Undivided Interest in Common Elements
2.09 Alterations of Units
2.10 Reassignment of Limited Common Elements
2.11 Subsequent Assignment of Common Elements as Limited Common Elements 2.12 Sale by Mortgagee
2.13 Use of Limited Common Elements
2.14 Declarant's Right to Develop the Property
ARTICLE III, MAINTENANCE AND REPAIR
3.01 Association
3.02 Inspection and Maintenance
3.03 Unit Owner(s)
3.04 Association Authority Common Area
ARTICLE IV, ASSESSMENTS
4.01 General Obligations
Liability
(b) Purpose
(c) Budget, Payment Dates
(d) Collection Expenses
4.02 Special Assessments
4.03 Allocation of Liability for Common Expenses
4.04 Priority of Lien
4.05 Acceleration of Installment Assessments and Expenses
4.06 Fee for Statements of Amount Due
4.07 Reserves and Working Capital
ARTICLE V, INSURANCE
5.01 Types of insurance
5.02 Minimum Qualifications of Insurance Carriers
5.03 Minimum Qualifications of Insurance Policies
5.04 Unit Owner's Policies
5.05 Proceeds on Account of Damage to Common Elements
5.06 Proceeds on Account of Damage to Units and Common Elements Exclusively
Serving Units
5.07 Insurance Trustee
ARTICLE VI, CASUALTY LOSSES
6.01 Damage and Destruction of Property
(a) Estimates of Cost of Repair
(b) Determination to Repair, Reconstruct or Rebuild Common Elements (C) Determination to Repair, Reconstruct or Rebuild Units
(d) Manner of Repair, Reconstruction or Rebuilding
(e) Costs of Repair, Reconstruction or Rebuilding
ARTICLE VII, EMINENT DOMAIN
7.01 General
7.02 Notice to Mortgagees
ARTICLE VIII, USE RESTRICTIONS
8.01 Use Restrictions; Units Subject to Declaration, Bylaws and Regulations 8.02 Leasing Restrictions
8.03 All Units
(a) Size and Types of Permitted Vehicles in Parking Areas
(b) Solid Waste
(c) Window Treatments
(d) Antennas and Satellite Dishes
(e) Abandoned Personal Property
Sale Period
(g) Exterior Signage
ARTICLE IX, THE CONDOMINIUM ASSOCIATION AND ADMINISTRATION
9.01 General
9.02 Allocation or Votes in the Association
9.03 Meetings
9.04 Rules and Regulations
9.05 Liability
9.06 Compensation
9.07 Powers of the Association and Board of Directors
9.08 Association Rights and Restrictions
9.09 Financial Books and Records
9.10 Fidelity Bonds
9.11 Water and Sewer Service
ARTICLE X, GENERAL PROVISIONS
10.01 Status of Declarant
10.02 Amendment
10.03 Rights of Third Parties
10.04 Termination
10.05 Withdrawal of Submitted Property
10.06 Enforcement
10.07 Duration
10.08 Limitations
10.09 Gender and Grammar
10.10 Captions
10.11 Severability
10.12 Interpretation
10.13 Controlling Law 10.14 Authors
10.15 Recordation
EXHIBITS
A. Legal Description
B. Architect's Certificate C. Allocation of Unit Ownership D. Rules and Regulations E. Additional Units
F. By-laws
STATE OF GEORGIA,
COUNTY OF OCONEE
DECLARATION OF CONDOMINIUM
FOR
LEGACY OFFICE PARK, A CONDOMINIUM
THIS DECLARATION, made this day of MaN _, 2014, by Legacy Office Park, LLC, a Georgia limited liability company, whose address' is 150 Epps Bridge Road, Suite 2D, Athens, Georgia, 30606 (hereinafter sometimes called "Declarant").
WITNESSETH
WHEREAS, the Declarant is the fee simple owner of all that tract or parcel of land (hereinafter referred to as the "Property") described in Exhibit "A" attached hereto and by this reference made a part hereof and desires to submit the Property and the improvements constructed thereon to the provisions of the Georgia Condominium Act (Official Code of Ga. Ann. Title 44, Chapter 3, Article 3) (hereinafter sometimes referred to as the "Act);
NOW THEREFORE, Declarant hereby declares that the Property described in Exhibit "A? hereto, including the improvements constructed thereon and to be constructed thereon, is hereby submitted and made subject to the form of ownership set forth in the Act, and is hereby made subject to this Declaration. The Property shall be owned, held, transferred, sold, conveyed, used, occupied and mortgaged or otherwise encumbered subject to the provisions of the Act and this Declaration, and every grantee of any interest in the Property by acceptance of a deed or other conveyance of such interest, whether or not such deed or other conveyance of such interest shall reference the Act and this Declaration and shall be signed by such person, and whether or not such person shall otherwise consent in writing, shall take subject to the provisions of the Act and this Declaration and shall be deemed to have assented to the same.
ARTICLE I
STATUTORY REFERENCE AND DEFINITIONS
1.01 Georgia Condominium Act. This Declaration is made pursuant to Title 44, Chapter 3,
Article 3 of the Official Code of Georgia Annotated, as amended (Ga. L. 1975, p. 609, as amended).
1.02 Definitions. The terms used in this Declaration, unless otherwise specified or unless the context otherwise requires, shall have the meanings specified in Title 44, Chapter 3, Article 3 of the Act. In addition, when used in this Declaration (unless the context otherwise requires), the following words shall have the following meanings:
(a) "Association" shall mean and refer to Legacy Office Park Condominium
Association, Inc., a Georgia non-profit membership corporation formed for the
purpose of exercising the powers of the Association under Declaration, the Articles of Incorporation, the Bylaws, and the Act, its successors and assigns. "Board of Directors' or "Board" shall mean the Board of Directors of the Association, the members of which shall be appointed and elected from time to time as provided in this Declaration, the Articles of Incorporation, the Bylaws, and the Act. The Board of Directors shall be the governing body of the Association. In the event the Board of Directors hires a Property Manager, the terms Association or Board of Directors as used herein shall refer to the Property Manager as its authorized representative or authorized agent as the context may require.
"Building" shall mean one of the 10 buildings, being built on the Property, which are the subject of this Declaration located at 1800 Hog Mountain Road, Watkinsville, GA 30677.
(d) "Bylaws" shall mean the Bylaws of the Association, as the same may be hereafter amended.
(e) "Common Elements' shall mean that portion of the condominium subject to this
Declaration which is not included within the boundaries of a Unit, as more particularly described in this Declaration.
"Common Expenses" shall mean expenditures made by or financial liabilities of the Association, together with any allocations to reserves.
(g) "Condominium' or "Condominium Property' shall mean that tract or parcel of land located at 1800 Hog Mountain Road, described in Exhibit "A" hereto attached and by reference incorporated herein, together with all improvements located thereon, submitted to the provisions of the Act by this Declaration and which are shown on the condominium plat entitled "Condominium Plat For: Legacy Office Park, a Condominium" dated March 25, 2014, by Ray N. Woods, RLS #2049, (the "Plat') and which is recorded in Plat Book 38 _ page 34, in the office of the Clerk of Superior Court of Oconee County, Georgia.. (h) "Condominium Instruments" shall mean this Declaration and all exhibits hereto, the Bylaws of the Association, the Articles of Incorporation of the Association, the Rules and Regulations promulgated by the Board of Directors of the Association, and the Plat and Plans, all as may be supplemented or amended from time to time.
(1) "Declarant" shall mean Legacy Office Park, LLC, its successors and assigns.
"First Lien Mortgage" shall mean a mortgage, a deed to secure debt or deed of trust on a unit and its undivided interest in the common elements which gives the
holder thereof a first and superior lien and security title on and to such unit and undivided interest.
"Limited Common Elements" shall mean that portion of the Common Elements reserved for the exclusive use of those entitled to occupy one (1) or more, but less than all Units, as more particularly set out in the Declaration.
"Owner" or "Unit Owner" shall mean each record title holder of a Unit within the Condominium.
(m) "Occupant" shall mean a person or persons in possession of a Unit, regardless of whether that person is the Unit Owner.
(n) "Parking Space" shall mean a designated space in the Parking Area for the sole purpose and use as a location to park personal automobiles and similar sized vehicles.
(o) "Parking Area" shall mean the improvements located on the Condominium
Property used to park personal automobiles and similar sized vehicles.
(P) "Person" shall mean any individual, corporation, limited liability company, firm, association, partnership, trust, or other legal entity.
(q) "Plans shall mean those building plans of the Units recorded in the office of the
Clerk of Superior Court of Oconee County, Georgia, in its Condominium Plans file.
"Property' shall mean and refer to the real property described in Exhibit "A" hereto, which is hereby submitted to the form of ownership prescribed in the Act and to the provisions of this Declaration.
"Property Manager" shall mean the paid agent hired by the Board of Directors to carry out such functions as are required of the Association and the Board of Directors as specified in this Declaration for the maintenance and management of the Common Elements, the Association and the Condominium.
(t) "Rules and Regulations" shall mean the Rules and Regulations that may from time to time be approved by the Association or by the Board of Directors.
"Unit' or "Units' shall be that portion of the Condominium intended for individual ownership and use.
A Unit may either be a freestanding building or such portion of a building which has been subdivided into two or more Units each of which is owned in fee simple under the provisions of the Act, as the same is more completely described in Article II, below.
ARTICLE HI
PROPERTY RIGHTS
2.01 Name and General Description. The name of the Condominium which is located at
1800 Hog Mountain Road, Watkinsville, Oconee County, Georgia, shall be LEGACY OFFICE PARK, a condominium. The Condominium consists of the Property, described by metes and bounds in Exhibit "A" hereto, together with the improvements situated thereon. The improvements include, but are not limited to, ten (10) buildings which may contain a total of not more than twenty-seven (27) commercial Units.
Description of Units. Each Unit (including its undivided interest in the Common Elements in the percentages hereinafter established and delineated) shall for all purposes constitute real property which may be owned in fee simple and which, subject to the provisions of the Act and this Declaration, may be transferred, conveyed, and encumbered in the same manner as any other real property. Such undivided interest in the Common Elements shall not be separated from the Unit to which it appertains and shall be deemed to be conveyed or encumbered with the Unit even though such interest is not expressly stated or referred to in the conveyance instrument The roof, exterior walls, and foundation of each building are Common Elements.. The location and dimensions of the boundaries of each Unit, to the extent such boundaries lie within or coincide with the boundaries of every structure which contains or constitutes all or part of any Unit, are depicted on the Plat and Plans. Prior to the first conveyance of any Unit by the Declarant, the Declarant will cause a certificate in the form of Exhibit "B" hereto, which is by this reference made a part hereof, to be recorded in accordance with the provisions of the O.C.G.A. §44-3-83. The Units shall be identified in the Plans by the Unit identifying numbers shown on Exhibit "C" attached hereto and by this reference made a part hereof, which Exhibit also serves to set forth (i) the approximate area of each Unit, and (ii) the allocation of interests in the Common Elements, voting rights in the Association and liabilities for Common Expenses to each Unit. Exhibit C shall be amended from time to time as units are constructed and sold, with the Plans and Architect's Certificate recorded in the office of the Clerk of Superior Court. The undivided interest in the Common Area allocated to each Unit shall change with each such amendment. Units showing as "NOT YET BEGUN" on the recorded Plat may be reconfigured or resized at the sole discretion of Declarant.
2.03 Subdivision or Combination of Units. Units may be subdivided from time to time in accordance with O.C.G.A. Section 44-3-92, and other applicable provisions of the Act. Declarant may subdivide buildings into two or more Units during the construction phase of such building without obtaining any additional approval. The Units resulting from the subdivision of any Unit into two or more Units must have their boundaries described by the architect's certificate specified in O.C.G.A.§44-3-83, which certificate shall be recorded in the office of the Clerk of the Superior Court of Oconee County, Georgia, together with an amendment to Exhibit C. Additionally, nothing contained herein shall
prevent an owner of two (2) contiguous Units from creating interior access between the two (2) Units, provided the following conditions are met:
Prior to any work being initiated to create an opening for interior access between two (2) contiguous Units, the plans for such opening must be submitted to the Board of Directors for its approval. Such approval shall not be unreasonably withheld.
(b) The Units shall remain as separate parcels of real estate and shall not be merged or combined by the creation of such interior access.
(c) All work creating interior access must be permitted according to Oconee
County Building Permit Ordinances and Regulations then in force. (d) The breach of the wall creating the interior access between (2) Units may not impair the structural integrity of either Unit or the Condominium as a whole.
In the event of a sale of one (1) of the Units necessitates the sealing of the interior access, all such replacement of the wall to seal the interior access must meet all Oconee County applicable codes and must relocate all electric and other utilities, if applicable. The plans for the replacement of the wall must be properly permitted according to Oconce County Building Permit Ordinances and Regulations and must be approved by the Association, which approval will not be unreasonably withheld. (f) In the event the interior access between two (2) Units is created, the owner of both Units shall file a certificate of such breach of the interior wall in the deed records of the Clerk of Superior Court of Oconce County. Such notice of breach shall be cross referenced to both deeds evidencing the ownership of each Unit, respectively. Upon the sealing of the breach and the termination of such interior access between Units, the owner of the Units shall cause the certificate of breach on file with the Clerk of Superior Court to be canceled.
2.04 Common Elements. The Common Elements consist of all portions of the Condominium not located within the boundaries of a Unit. Ownership of the Common Elements shall be by the Unit Owners as tenants-in-common. The ownership interest in the Common Elements shall be an undivided interest appurtenant to each Unit, and except as provided in the Act and this Declaration shall remain undivided. No Owner shall bring any action for partition or division of the Common Elements. The ownership interest in the Common Elements shall not be conveyed, transferred, encumbered or otherwise affected separate from the ownership of the Unit, and any agreement to the contrary shall be void.
Except as provided for Limited Common Elements or as otherwise provided herein, each Owner and the Association may use the Common Elements for the purposes for which they are intended, but no such use shall enter or encroach upon the lawful rights of the other Owners.
No damage to or waste of the Common Elements, or any part thereof, shall be permitted by any Owner or member of his family or any invitee of any Owner. Each Owner shall indemnify and hold the Association and the other Owners harmless against all loss to the Association or other Owners resulting from any such damage or waste caused by such Owner, members of his her family, guests, invitees, or Occupants of his Unit.
Each Owner and Occupant shall have a right and easement of use and enjoyment in and to the Common Elements (including the right of access, ingress and egress to and from the Unit over any portions of the Condominium designated for such purpose) and such easement shall be appurtenant to and shall pass with the title to such Unit, subject to the rights of the Unit Owners to the exclusive use of the Limited Common Elements assigned to their respective Units and to the right of the Association to control the use and enjoyment of the Common Elements as provided by the terms of this Declaration. Every portion of a Unit and all Limited Common Elements contributing to the support of an abutting Unit shall be burdened with an Easement of support for the benefit of the abutting Unit.
2.05 Description of Limited Common Elements. Supplementing the provisions of Official
Code of Ga. Ann. Section 44-3-75, ownership of each Unit shall entitle the owner thereof to the exclusive use of those portions of the Common Elements consisting of (a) any heating and/or air conditioning compressors, units, components or other apparatus serving such Unit which may be located beyond the boundaries thereof; (b) any entranceways, stairways and appurtenant fixtures and facilities providing direct access to the Units, and (c) any patio or balcony, together with the enclosure therefor, now or hereafter located in whole or in part adjacent to a Unit used exclusively for that Unit, or any parking spaces or storage facilities designated for the use of a particular Unit or Units. In the event that any of the items described herein or in Official Code of Ga. Ann. Section 44-3-75 serve one (1) or more units but less than all of the Units in the building, such items shall be Limited Common Elements appurtenant to the Unit or Units served thereby.
2.06 Unit Boundaries. Each Unit shall have as a lower horizontal boundary the horizontal plane of the upper surface of the concrete slab which serves as the floor for that Unit. The upper horizontal boundary of a Unit shall be the horizontal plane contiguous to the upper surface of the drywall or gypsum board which is the ceiling of the Unit. The parametrical or vertical boundaries of a Unit shall be the exterior unfinished surface of the drywall or gypsum board outside walls of the Unit. Notwithstanding the foregoing, all exterior doors, exterior surfaces and glass surfaces, such as windows, serving each Unit shall be deemed to be included within the boundaries thereof; and all portions of the heating and air conditioning systems (including compressors, conduits, wire, pipes and the like) serving a single Unit shall be deemed to be included within the boundaries of
that Unit, irrespective of whether the same are located within the boundaries above described. In interpreting deeds and plans, the existing physical boundaries of a Unit as originally constructed or of a Unit reconstructed in substantial accordance with the original plans thereof shall be conclusively presumed to be its boundaries, rather than the metes and bounds expressed in any deed or plan, regardless of settling or lateral boundaries shown on the plan or in a deed. If any chutes, flues, ducts, conduits, wires, pipes, bearing walls, bearing columns, elevators or elevator shafts or any other apparatus lie partially within and partially outside of the designated boundaries of a Unit, any portions thereof serving only that Unit shall be deemed a part of that Unit, while any portions thereof serving more than one (1) Unit or any portion of the Common Elements shall be deemed a part of the Common Elements.
2.07 Easements. The following easements from each Unit Owner to the other Unit Owners, the Association and the Declarant are hereby reserved and established:
Use and Enjoyment. Every Unit Owner, his successors, legal representatives, heirs and assigns, family, tenants and guests, shall have a right to and easement of use and enjoyment in and to the Common Elements (including the right of access, ingress and egress to and from his Unit over those portions of the Property designated for such purpose) and such easement shall be appurtenant to and shall pass with the title to every Unit, subject to the following provisions: the right of the Association to control the use and enjoyment thereof as provided in Articles VIlI and IX hereof, which shall include, but not be limited to, the right of the Association to suspend the voting rights by a Unit Owner for any period of time during which an assessment (or any portion of any monthly installment thereof) against his Unit is due and remains unpaid or for a reasonable time for infraction of the Association's published Rules and Regulations.
(b) Maintenance and Repair. (i) There shall be an easement through the Units, the
Common Elements and the Limited Common Elements for inspection, installation, maintenance, repair and replacement of Units, the Common Elements and Limited Common Elements. Use of this easement shall be only during normal business hours, except that access may be had at any time in the case of emergency.
(ii) Each Unit shall have an easement into and over the Common Elements immediately adjacent to the Unit to allow for the performance of exterior maintenance of the Unit and any Limited Common Elements assigned to his Unit.
Structural Support. Every portion of a Unit which contributes to the structural support of another Unit shall be burdened with an casement of structural support. Utilities. The Association shall have the power to grant and accept easements over, through and across the Condominium for the installation, maintenance and replacement of utilities and other purposes, and as otherwise provided in the Act.
The Condominium and the Property are subject to the utility easements shown on the plat.
(e) General. (i) There shall be a general easement to the Association, its directors, officers, agents and employees (including, but not limited to, any manager employed by the Association) to enter upon the Condominium or any portion thereof in the performance of their respective duties. Except in the event of emergencies, this easement is to be exercised only during normal business hours and then, whenever practicable, only upon advance notice to and with the permission of the Unit Owner(s) directly affected thereby; (ii) the Declarant and his duly authorized agents, representatives and employees shall have an casement for the maintenance of sales offices and/or Model Units in the Condominium for so long as the Declarant owns any Unit; and (iii) the Declarant and his duly authorized agents, representatives and employees shall have an easement on and over the Common Elements and the Limited Common Elements for the purposes of making improvements in and to the Condominium and for the purposes of doing any and all things reasonably necessary and proper in connection therewith. 2.08 Allocation of Undivided Interest in Common Elements. Pursuant to the provisions of
Official Code of Ga. Ann. Section 44-3-78, the undivided interest in the Common Elements allocated to each Unit is that percentage set forth in Exhibit "C" attached hereto, as the same may be amended from time to time by a writing recorded in the office of the Clerk of Superior Court. The undivided interest in the Common Elements hereby allocated to each Unit shall not be altered except to the extent otherwise expressly provided by the Act or permitted by this Declaration, and any purported transfer, encumbrance, or other disposition of that interest without the Unit to which it appertains shall be void.
2.09 Alterations of Units. Subject to the provisions of the Bylaws of the Association in effect from time to time, any Unit Owner may make any improvements or alterations to the interior of his Unit that are not of a structural nature and do not impair the structural integrity or otherwise lessen the support of any portion of the Condominium. It is specifically provided that any Unit Owner acquiring an adjoining unit shall have the right to remove all or any part of any intervening partition or to create doorways or other apertures therein in accordance with Section 2.03 above and Section 44-3-90 of the Act. No other improvements or alterations of any kind shall be made without the prior written approval of the Board of Directors or Association. Subject to the provisions of this Paragraph 2.09, boundaries between Units may be relocated in accordance with the provisions of Section 44-3-91 of the Act.
No unit owner shall paint or otherwise change the exterior appearance of his Unit, or of any other portion of the Property, including any of the Limited Common Elements assigned to his Unit, without having first obtained the written consent of the Board of Directors. Additionally, the design, type, location, size, intensity and color of all exterior lights (including both those mounted as part of the original design of the Property and
those mounted with the consent of the Board of Directors) shall be subject to the control of the Board of Directors.
2.10 Reassignment of Limited Common Elements. The reassignment of Limited Common
Elements may be made pursuant to the provisions of Official Code of Ga. Ann. Section 44-3-82(b).
2.11 Subsequent Assignment of Common Elements as Limited Common Elements. the event that the Association's Board of Directors should authorize or otherwise provide for the assignment of parking spaces adjacent to the buildings, or storage facilities in various locations within the buildings, as Limited Common Elements, an amendment to this Declaration making any such assignment shall be prepared, executed and recorded pursuant to the provisions of Official Code of Ga. Ann. Section 44-3-82. Any other assignment of Common Elements as Limited Common Elements shall be effected only by means of an amendment to this Declaration duly executed and recorded pursuant to the provisions of Official Code of Ga. Ann. Section 44-3-93.
Sale by Mortgagee. Should the holder of a first lien mortgage on any Unit become the fee simple owner of such Unit through foreclosure or any other means pursuant to the satisfaction (in whole or in part) of the indebtedness secured by such mortgage or desire to sell under the power of sale contained in its mortgage, the purchaser or lessee of such Unit from such mortgagee shall take title to such Unit subject to all of the provisions of this Declaration and the Act.
Use of Limited Common Elements. Except as otherwise provided herein, the use of the Limited Common Elements assigned to the Units is restricted exclusively to the Owners of the Unit to which such Limited Common Elements are assigned, and to the Owner's Occupants, guests, family members and invitees.
No Owners, Occupant or agent of such Owner or Occupant shall do any work which, in the reasonable opinion of the Board of Directors or its designee, would jeopardize the soundness or safety of the Condominium or any structure created thereon, would reduce the value thereof, or would impair any easement or other interest in real property thereto, without in every such case the unanimous, prior written consent of all members of the Association and their Mortgagees.
No damage to or waste of the Limited Common Elements, or any part thereof, shall be permitted by any Owner or member of his family or any invitee of any Owner. Each Owner shall indemnify and hold the Association and the other Owners harmless against all loss to the Association or other Owners resulting from any such damage or waste caused by such Owner, members of his her family, guests, invitees, or Occupants or his
2.14 Declarant's Right to Develop the Property. The Declarant hereby reserves the right to amend the Condominium by constructing additional condominium units within the spaces shown for the 8 buildings shown on the Plat to be built on the Property. The provisions
with respect to Declarant's right to develop the Property and amend this Declaration are set forth in the Exhibit "C" attached hereto and made a part hereof. Each Unit Owner by acceptance of his deed hereby consents the terms, conditions and provisions of this section 2.14, Exhibit C, and to such amendment as will be filed in the office of the Clerk of Superior Court of Oconee County, Georgia.
(a.) The development of the Property shall consist of condominium Units, each including that certain parcel of land and the commercial building or portion of a building located thereon. The Plat shows the location and dimensions of the Property, the location and dimensions of the vertical boundaries of each completed Unit, the location and dimensions of all completed structural improvements located on the Property, to the extent feasible, the location and easements to which the Property is subject, the identifying numbers of the completed Units located on the Property, and those Units that have been designated as "NOT YET BEGUN". Each completed Unit located on the Property has been constructed substantially in accordance with the Plat which has been filed simultaneously with the filing of this Declaration in the office of the Clerk of the Superior Court of Oconee County, Georgia.
The ownership and development of those Units designated asạiNOT YET BEGUN" on the Plat shall be held, sold, transferred, conveyed and mortgaged subject to the terms and conditions contained herein. For any Unit shown as "NOT YET BEGUN" which is to be constructed by a third party, Declarant shall have the right to approve the exterior appearance of any such Unit. Such approval shall be in writing prior to the beginning of any construction of such Unit. Such approval shall not be unreasonably withheld, delayed or conditioned provided the exterior appearance of any proposed Unit is consistent with the exterior appearance of the Units in existence at the time of such application.
Plans for additional Units submitted to Declarant for approval must be approved or returned to the person or entity submitting such plans with comments within thirty (30) days. Any plans not returned to the person or entity submitting such plans within thirty (30) days are deemed to be approved. Declarant shall not levy any charges or fees in the review of any such plans.
(b) Upon the completion of construction of a building or buildings within those Units designated as "Not Yet Begun", the unit owner thereof shall cause the Plat to be revised in order to reflect the location and dimensions of the vertical boundaries of such completed Unit, together with the identifying numbers thereof. Upon the recordation of the revised Plat, the allocation of undivided interest in the Common Elements, votes in the Association and liabilities for future Common Expenses shall be reallocated in accordance with the provisions of Exhibit C, which are incorporated herein. After the construction of a building or buildings within a Unit designated as Not Yet Begun", any remaining property within the original boundary thereof as shown on the Plat, which is not otherwise encumbered by the
completed Unit or Units or otherwise designated as a Limited Common Element, shall become Common Elements.
(c) The completed Units and the Units designated as "NOT YET BEGUN" at the time of this Declaration are listed on Exhibit "C" with their respective percentage ownership in the Common Elements. Each unit owner shall be entitled to the exclusive ownership and possession of the Unit or Units owned by him, subject to the provisions of this Declaration and the Act. Each Unit shall include all of the space and improvements within the boundaries thereof.
(d) So long as Declarant is in existence and is constructing buildings or selling Units "NOT YET BEGUN" to a third party to be built, the provisions of this Section 2.14 Declarant shall have the power and authority set forth herein. In the event Declarant is no longer the owner of any Unit "NOT YET BEGUN and the owner of such Unit NOT YET BEGUN desires to build a Unit or Units, then the approval of the exterior appearance of any such Unit must be approved by the Board of Directors of the Association as provided in subparagraph (a) above.
ARTICLE TI
MAINTENANCE AND REPAIR
3.01 Association. Except as may be otherwise specifically provided for herein, the responsibility of the Association with respect to the maintenance and repair of the Condominium shall be as follows:
(a) To maintain in good working order and condition, repair and replace the Common Elements, provided, however, that the Association may with the consent of Unit Owners to which seventy-five percent (75%) of the voting rights of the Association appertain, alter the use or form of the Common Elements including, without limitation, construction of improvements thereon, or elect not to repair or replace any portion of the Common Elements;
(b) To maintain and keep in repair any storm water detention facility in accord with applicable law and Oconee County ordinance;
(c) To provide exterior maintenance of the Condominium buildings and grounds in accord with the Inspection and Maintenance Schedule;
(d) To hire appropriate professionals to carry out its duties in regard to such inspection and maintenance;
(e) To establish an Inspection and Maintenance Schedule for all of the Common Elements for the purpose of fulfilling its responsibility under this Article.
Inspection and Maintenance. Failure of the Association to comply with the inspection and maintenance requirements set forth in the Inspection and Maintenance Schedule, shall create a total bar to any action which the Association may bring against the developer, architect, or builder, for any claim or defect in any of the items contained in the Inspection and Maintenance Schedule where the defect which would give rise to such claim would have been detected and could have been cured had the Association followed the requirements of the Inspection and Maintenance Schedule. Prior to bringing any action against the developer, architect, engineers, or contractor, who provided services in the design and construction of the Condominium, the Association must comply with the provisions of Ga. L. 2006, page 548, the Resolution of Construction Defects Law. 3.03 Unit Owners). The responsibility of a Unit Owner with respect to the maintenance and repair of his Unit, and the Limited Common Elements appurtenant thereto, shall be as follows:
To maintain, repair and replace all portions of his Unit and the Limited Common Elements appurtenant thereto, except those portions which are to be maintained, repaired or replaced by the Association. The responsibility of the Unit Owner shall include the maintenance, repair and replacement of all fixtures and equipment installed in his Unit as well as the repair and replacement of the wiring, plumbing, heating ducts and components, the windows, screens and exterior lights, if any, serving his Unit except any such items that are Common Elements under the description of unit boundaries set forth in section 2.06 above; (b) To keep his Unit and any Limited Common Elements serving his Unit in a neat, clean and sanitary condition;
(c) To perform his responsibilities in such manner so as not to unreasonably disturb other persons in other Units;
(d) Not to paint or otherwise decorate or change the outside appearance of his Unit
(including the Exterior Door), any appurtenances thereto, or any Limited Common Elements serving his Unit unless the written consent of the Board of Directors of the Association or an architectural committee appointed by the Board, is first obtained. Further, the design, type, location, size, color and intensity of all exterior lights shall be subject to control by the Board of Directors of the Association in compliance with all Oconee County ordinances; (e) To promptly report to the Association or its agents any defect or need for repairs, for which the Association is responsible;
Not to make any alteration in the portions of the Unit and the Limited Common Elements appurtenant thereto, which are to be maintained by the Association, or to remove any portion thereof, or to make any additions thereto, or do anything with respect to the exterior or interior of the Unit which would or might
jeopardize or impair the safety or soundness of any Unit without first obtaining the written consent of the Board of Directors of the Association and all Unit Owners and mortgagees of the Units, affected, nor shall any Unit Owner impair any easement without first obtaining written consent of the Association and of the Unit Owner or Owners and their mortgagees for whose benefit such easement exists; and
To pay for the cost of repairing, replacing or cleaning up any item which is the responsibility of the Unit Owner, but which responsibility such Owner fails or refuses to discharge (which the Association shall have the right, but not the obligation, to do), or to pay for the cost of repairing, replacing, or cleaning up any item which, although the responsibility of the Association, is necessitated by reason of the willful or negligent act of the Unit Owner, his family, tenants or guests; with the cost thereof to be specifically assessed against such Unit Owner in accordance with Paragraph 4.02 of Article IV hereof and the Bylaws of the Association.
(h) In the event the Board of Directors shall determine that the need for maintenance or repairs by the Association as provided in Article II above is caused through the willful or negligent act of a Unit Owner, his lessee, or their sublessees, assigns, guests or invitees, and not paid for by insurance, the cost of performing such maintenance or repair shall be added to and become a part of the assessments to which such Unit Owner is subject.
Association Authority Common Area. In the event a portion of the Common Area needs to be conveyed, exchanged or an easement granted, the Association shall have the authority upon the authorization of Unit Owners holding sixty (60%) per cent of the undivided interest in the Common Area to execute such documents of conveyance and other documents as may be necessary to effectuate such transaction.
ARTICLE TV
ASSESSMENTS
4.01 General Obligations.
(a) Liability. Each Unit Owner shall be personally responsible for and hereby covenants and agrees to pay to the Association all sums lawfully assessed by the Association against that Unit Owner or Unit, whether for the share of the Common Expenses appertaining to that Unit or otherwise, including those special assessments described in Paragraph 4.02 below, which assessments are to be fixed, established and collected from time to time by the Board of Directors of the Association in accordance with this Declaration and the Bylaws of the Association. Pursuant to Official Code of Ga. Ann. Section 44-3-109, such assessments shall constitute a lien in favor of the Association on the Unit or Units against which each such assessment is levied, and such assessment, together with
the lien thereof, shall include: (i) a late or delinquency charge of Ten Dollars ($10.00) or ten percent (10%) of the amount so due, whichever is greater; (ii) interest on each assessment or installment thereof, and any delinquency or late charge appertaining thereto, from the date the same was first due and payable, at the rate of ten percent (10%) per annum; (iii) the costs of collection, including court costs, the expenses of sale, any expenses required for the protection and preservation of the Unit, and reasonable attorneys' fees actually incurred; and (iv) the fair rental value of the Unit or Units from the time of the institution of suit until the sale of that Unit at foreclosure (or until satisfaction of the judgment rendered in such suit), all in accordance with and to the maximum extent permitted by Official Code of Ga. Ann. Section 44-3-109(b). The recordation of the Declaration shall constitute served notice of the existence of such lien, and no further recordation of any claim of lien for assessment shall be required. Purpose. Assessment shall be levied against the Unit Owners and the Units to defray the common expenses of the Property. The common expenses of the Property shall be all of the expenditures which are made or incurred by or on behalf of the Association in connection with the exercise of its powers and responsibilities, and shall include the following:
(1) Management fee, if any, and expenses of administration of the Property; (ii) Common utility bills and charges for other common services, including but not limited to water and sewerage;
(iii) Premiums for all insurance policies maintained by the Association; (iv) The expenses of performing the maintenance, repair, renovation, restoration and replacement work which is the responsibility of the Association under Articles III and VI hereof;
(v) Such other costs and expenses as may be determined from time to time by the Board to be common expenses; and
(vi) The creation and maintenance of such reserve funds as are required to be maintained by the Association under Paragraph 4.07 below, and such other reserve funds as the Board shall determine, including but not limited to a reserve for repairs and maintenance.
Budget, Payment Dates. No less than thirty (30) days prior to the commencement of each fiscal year of the Association, the Board 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; (ii) shall make provisions 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; and (iii) to provide for the reserve fund required by Oconee County
Unified Development Code § 508.01.c. Prior to the commencement of such fiscal year, the Board shall furnish a copy of such budget to each Unit Owner, together with a written statement of the amount of such common expenses which shall be assessed against such Unit Owner for such fiscal year. Unless otherwise determined by the Board, such assessment shall be due on January 1 of each year. The Board shall be authorized to prorate the annual assessment into twelve (12) monthly or four (4) quarterly installments. In addition, any fees, charges, and other amounts payable by any Unit Owner to the Association shall be added to and shall, unless paid at the time the same are incurred or at some other time determined by the Board of Directors, be due and payable as part of the installment of the assessment next coming due.
Collection Expenses. In the event that any Unit Owner fails to pay within ten (10) days after the same shall be due, any amount due and payable to the Association, such Unit Owner shall be liable for the payment of and shall pay in addition to the amounts due the Association, the amounts specified in Paragraph 4.01 (a) (1), (i1), (iI1), and (iv).
4.02 Special Assessments. Each owner of a Unit shall be liable for and shall pay special assessments for Common Expenses incurred by the Association, as follows: (i) any Common Expenses associated with the maintenance, repair, renovation, restoration or replacement of any Limited Common Element shall be specifically assessed against the Unit or Units to which that Limited Common Element was assigned at the time such expenses were made; (ii) any Common Expenses benefiting less than all of the Units shall be specially assessed equitably among all of the Units so benefited; (iii) any Common Expenses occasioned by the conduct of less than all of those entitled to occupy all of the Units or by the licensees or invitees of any such Unit or Units shall be specially assessed against the Unit or Units, the conduct of any occupant, licensee or invitee of which occasioned any such Common Expenses; and (iv) any other Common Expenses significantly disproportionately benefiting all of the Units shall be assessed equitably among such Units; and in addition to the special assessment for reconstruction or repair of casualty damage, the Board of Directors of the Association may levy special assessments for the purpose of defraying, in whole or in part, the cost of any capital addition to or capital improvement of the Common Elements (including the necessary fixtures and personal property related thereto), or for the cost of repair or replacement of a portion of the Common Elements (including the necessary fixtures and personal property related thereto), which is for the benefit of all Unit Owners in the Condominium as a whole. The Association shall endeavor to anticipate and budget for special assessments, and to collect such assessments in monthly installments over a reasonable period of time; provided, however, nothing herein shall prevent the Association from requiring payment of a special assessment in a lump sum if such payment is in the best interest of the Association.
4.03 Allocation of Liability for Common Expenses. The amount of all Common Expenses, except for expenses specially assessed pursuant to Paragraph 4.02 above, shall be assessed against the Units in accordance with the respective percentage allocations of
liability for Common Expenses attributable to each Unit as provided for in Exhibit "C" attached hereto, as the same may be amended as provided herein.
Priority of Lien. The lien of the assessment provided for in this Article IV shall be prior and superior to all other liens except only (a) ad valorem taxes, (b) the lien of a first mortgage, if any, or secondary purchase money mortgage, if any, to which a Unit is subject, and (c) the lien of any mortgage recorded prior to the recording of this Declaration. The sale or transfer of any Unit shall not affect the assessment lien; provided, however, that the sale or transfer of any Unit, which is subject to any such mortgage, pursuant to the foreclosure thereof or a transfer by deed or assignment in lieu of foreclosure shall extinguish the lien of such assessments as to the payments thereof which became due prior to the date of such sale or transfer. No sale or transfer shall relieve the Unit Owner from liability for any assessment theretofore or thereafter becoming due.
4.05 Acceleration of Installment Assessments and Expenses. In the event that any Unit
Owner shall fail to pay any assessment levied against him within ten (10) days after such installment shall be due and payable, 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 Unit Owner. 4.06 Fee for Statements of Amounts Due. The Association may require the payment of a fee, not to exceed Ten Dollars ($10.00), as a prerequisite to its issuance of any statement pursuant to Section 41(d) of the Act.
4.07 Reserves and Working Capital. The Association shall establish an adequate reserve fund for the periodic maintenance, repair or replacement of the common expenses. The Declarant shall establish an Initial General Operating Fund for the initial operation of the Condominium which shall equal at least two (2) months estimated common area charges for each Unit in the Condominium, to be collected at the initial sale of each Unit. At such time as Declarant releases control of the Association to the Unit Owners, a reserve as required by Oconee County Unified Development Code § 508.01.c shall be delivered to the Association.
ARTICLE V
INSURANCE
5.01 Types of Insurance. The Association shall obtain and maintain the following insurance policies:
(a) A multi-peril casualty insurance policy covering the entire Property providing as a minimum for fire and extended coverage, vandalism and malicious mischief, on a replacement cost less deductibles basis in an amount not less than one hundred (100%) percent of the full replacement cost of all Common Element structures within the
Condominium. Such insurance shall provide the coverage required by O.C.G.A. §44-3107 (a), as the same may be amended from time to time. The name of the insured under such casualty insurance policy shall be stated as follows: "Legacy Office Park Condominium Association, Inc. for use and benefit of the individual unit owners of Legacy Office Park Condominium, Oconce County, Georgia". The amount of coverage of such casualty insurance policy shall be readjusted by reappraisal or revaluation of the insured property no less frequently than once every two (2) years. Such casualty insurance policy shall contain the standard mortgages clause which shall be endorsed to provide that any proceeds shall be paid to the Association for the use and benefit of mortgagees as their interest may appear.
(b) 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 unit owner because of the negligent acts of the Association or other unit 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 Unit or other portion of the Property, shall be for at least $1,000,000.00 for injury or injuries, including death, arising out of a single occurrence, $2,000,000.00 in the aggregate and $50,000.00 for property damage, with cross liability endorsement to cover the unit owners as a group and shall include protection against water damage liability, and liability for property of others.
(c) A policy of fidelity coverage against dishonest acts on the part of the members of the Board of Directors, the manager of the Condominium, and any employees or volunteers of the Association responsible for handling funds belonging to or administered by the Association. Said policy of fidelity coverage insurance shall name the Association as the named insured and shall be written in an amount which shall in no event be less than one and one-half times the Association's estimated annual common expenses and reserves. (d) Such other insurance policies as the Board of Directors shall deem desirable for the benefit of the Association and the unit owners.
5.02 Minimum Qualifications of Insurance Carriers. Each policy of insurance which the
Association is required to maintain under the provisions of Article 5.01 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.
5.03 Minimum Qualifications of Insurance Policies. All policies of insurance which the
Association is required to maintain under the provisions of Article 5.01 shall (i) not allow contributions or assessments to be made against the owner of any Unit, or the holder of any mortgage upon any Unit, (ii) not allow loss payments to be contingent upon any action by the insurance carrier's board of directors, policyholder's or members (ili) not include any limiting clauses (other than insurance conditions) which could prevent any unit owner or the holder of any mortgage upon any Unit from collecting insurance
proceeds, and (iv) 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 or cancellation of such policies.
Unit Owner's Policies. Each unit owner shall carry at his own expense a multi-peril casualty insurance policy providing as a minimum for 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 his own Unit and the Limited Common Elements which serve the Unit. Each Unit Owner shall provide a copy of such policy to the Association.
5.05 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 which does not exclusively serve any Unit or Units 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 Paragraph 6.01 of this Declaration. If it shall be determined in accordance with the provisions of Paragraph 6.01 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 destruction 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 Unit Owners in proportion to their undivided interest in the Common Elements, such disbursement to be made payable jointly to the Unit Owners and their mortgagees. Notwithstanding anything contained in this Declaration, the Articles of Incorporation, the Bylaws, 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 other casualty be deemed to be common profits.
5.06 Proceeds on Account of Damage to Units and Common Elements Exclusively
Serving Units. In the event that any insurance proceeds shall be paid to the Association on account of any damage to or destruction of any Unit or Units and/or any portion of the Common Elements exclusively serving such Unit or Units, the Association shall be deemed to hold such insurance proceeds in a series of separate accounts, one such account for each Unit which is so damaged or destroyed, or the Common Elements exclusively serving which Units are so damaged or destroyed. The amount of insurance proceeds which shall be deemed to be held by the Association in each such account shall be determined by multiplying the entire amount of insurance proceeds which shall be received by the Association as consequence of the damage or destruction to such Unit or Units and/or the Common Elements exclusively serving such Unit or Units by a fraction, the numerator of which shall be the total estimated cost of repairing, reconstruction, or rebuilding the Unit, and the Common Elements exclusively serving the Unit, on behalf of which such account is credited, and the denominator of which shall be the total estimated cost of repairing, reconstruction, or rebuilding all of the Units and Common Elements as
consequence of the damage to or destruction to which such insurance proceeds were paid. If it shall be determined in accordance with the provisions of Paragraph 6.01(c) of this Declaration not to repair, reconstruct or rebuild any Unit which is so damaged or destroyed, then the amount of insurance proceeds which shall be held by the Association in the account for such Unit shall be disbursed to the Owner of such Unit, such disbursement to be made jointly to the Unit Owner and his mortgagee. Such disbursement, however, shall be made only after the Board of Directors shall have entered into a financial arrangement satisfactory to the Board of Directors whereby such Unit Owner shall pay for the cost of cleaning up and landscaping the property on which such Unit was located. Notwithstanding anything contained in this Declaration, the Articles of Incorporation or Bylaws of the Association which may be construed to the contrary, in no event shall any amounts as shall be held by the Association for the account of any Unit Owner pursuant to the provisions of this Paragraph 5.06 be deemed to be common profits.
For purposes of Paragraph 5.06 and Paragraph 6.01, Common Elements shall be deemed to exclusively serve a particular unit only if they constitute all or a portion of the walls, roofs or a foundation enclosing such Unit.
Insurance Trustee. Notwithstanding any of the foregoing provisions and requirements relating to property or liability insurance, there may be named as an insured on behalf of the Association, the Association's authorized representative, including any Trustee with whom such Association may enter into any insurance Trust Agreement or any successor to such Trustee (each of whom shall be referred to herein as the "Insurance Trustee"), who shall have exclusive authority to negotiate losses under any policy providing such property or liability insurance and perform such other functions as are necessary to accomplish this purpose. Each Unit Owner appoints the Association or any Insurance Trustee or successor Insurance Trustee designated by the Association, as attorney-in-fact for the purpose of purchasing and maintaining such insurance, including: the collection and appropriate disposition of the proceeds thereof; the negotiation of losses and execution of releases of liability; the execution of all documents; and the performance of all other acts necessary to accomplish such purpose.
ARTICLE VI
CASUALTY LOSSES
6.01 Damage and Destruction of Property. Repair, reconstruction or rebuilding of the
Property, tollowing damage to or destruction of all or any portion of the Property shall be governed by the following provisions:
Estimates of the Cost of Repair. As soon as practicable following the occurrence of any damage to or destruction of any portion of the Property, the Board shall obtain reliable and detailed estimates of the cost of repairing or restoring such portion of the Property so damaged or destroyed to substantially the same condition as such portion of the Property was in prior to the occurrence
of such damage or 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.
Determination to Repair, Reconstruct or Rebuild Common Elements. Any damage to or destruction of the Common Elements will be repaired, reconstructed or rebuilt unless the Owners of the Units to which seventy-five percent (75%) of the voted in the Association are allocated shall determine, within forty-five (45) days after the occurrence of the casualty, not to repair, reconstruct or rebuild the same.
Determination to Repair, Reconstruct or Rebuild Units. The determination to repair, reconstruct or rebuild any Unit which is damaged or destroyed by fire or any other casualty shall be made in the following manner:
(i) Any Unit which is damaged, but still tenantable, shall be repaired in all events.
(ii) In the event that any Unit is so damaged or destroyed that such Unit is thereby rendered not tenantable, such Unit shall be repaired, reconstructed or rebuilt unless, within forty-five (45) days after the occurrence of such casualty, (a) the Owner of the Unit which is so rendered not tenantable, together with (b) the Owners of the Units to which sixty-seven percent (67%) of the remaining votes in the Association (not including the vote of the Owner of the Unit which has been rendered not tenantable by such casualty), and (c) the holders of sixty-seven percent (67%) of the first mortgages on the Unit within the Condominium (including the holder of any first mortgage on the Unit which has been so rendered not tenantable) shall all determine not to repair, reconstruct or rebuild such Unit so rendered not tenantable.
For purposes of this Paragraph 6.01(c), a Unit shall be deemed to be not tenantable only if as a consequence of this occurrence of a fire or other casualty, such Unit is not fit for present habitation, and if the estimated costs of making repairs necessary to render such fit for present habitation shall exceed seventy-five (75%) percent of the market value of such Unit prior to the occurrence of such casualty.
(d) 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:
Common Elements. 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) Units. If the damage to be repaired, reconstructed or rebuilt is to any Unit, such repair, reconstruction or rebuilding shall be substantially in accordance with the plans and specifications for such damaged Unit prior to the occurrence of such damage.
(iii) Work Supervision. All of the work of repairing, reconstruction or rebuilding any portion of the Property, the damage to or destruction of which caused the payment of insurance benefits under insurance policies maintained by the Association, shall be performed under the supervision of the Board, which, in discharging such supervisory responsibilities, shall be authorized to employ such building supervisors and architects as the Board shall deem to be in the best interest of the Association. The fees which shall be payable to any such building supervisor or architect employed by the Board shall be a common expense of the Association. (e) Costs of Repair, Reconstruction or Rebuilding.
(1) Common Elements. The cost of repairing, reconstruction or rebuilding any portion of the Common Elements which shall be damaged or destroyed and which does not exclusively serve any Unit or Units shall be paid with any insurance proceeds which shall be paid to the Association on account of such damage or destruction as provided in Paragraph 5.05 of this Declaration. If such insurance proceeds are not sufficient to defray such costs of repair, reconstruction or rebuilding, then the Board shall levy a special assessment against all of the Unit Owners and Units to raise the excess funds necessary to defray such costs.
Units and Common Elements Exclusively Serving Units. The cost of repairing, reconstructing or rebuilding each Unit which shall be damaged or destroyed, and any portion of the Common Elements exclusively serving such Unit which shall be damaged or destroyed, shall be paid with the insurance proceeds which shall be paid to the Association on account of such damage or destruction and held by the Association in the account for such Unit, as provided in Paragraph 5.06 of this Declaration. If the amounts which are held by the Association in the account for such Unit are not sufficient to defray such costs of repair, reconstruction or rebuilding, then the Board shall levy a special assessment against the Owner of the Unit on behalf of which such account was created to raise the excess funds necessary to defray such costs.
ARTICLE VII
EMINENT DOMAIN
7.01 General. The provisions of Official Code of Ga. Ann. Section 44-3-97 shall govern whenever all of any part of the Common Elements or any Unit shall be taken by any authority having the power of condemnation or eminent domain.
7.02 Notice to Mortgagees. The Association, immediately upon having any knowledge of the institution, or threat of institution, or any proceedings or other action with respect to the taking of Units, the Common Elements or any other portion of any Unit or Common Element in condemnation, eminent domain, or any proceedings or actions involving any unit of government or any other person having the power of eminent domain, shall notify all Unit Owners and all mortgagees having an interest therein whose names and addresses have previously been furnished to the Association together with a written request for such notice. Any such mortgagee may, if permitted by law, participate in any event, may participate in negotiations in connection therewith, but shall have no obligation to do so.
ARTICLE VIII
USE RESTRICTIONS
8.01 Use Restrictions; Units Subject to Declaration, Bylaws and Regulations. To assure the harmony of the Unit Owners and protect the valuc of the Units, the Property, including all improvements thereon, shall be subject to the use restrictions set forth in Exhibit "D" attached hereto and by this reference made a part hereof. The Board of Directors of the Association is hereby empowered to promulgate Rules and Regulations governing occupancy and use of the Condominium and to amend the same from time to time, which Rules and Regulations shall supplement and be in addition to the use restrictions set forth in Exhibit "D" hereto. All present and future owners, tenants and occupants of Units shall be subject to, and shall comply with the provisions of this Declaration, the Bylaws and the Rules and Regulations, as they may be amended from time to time. The acceptance of a deed or conveyance or the entering into of a lease or the entering into occupancy of any Unit shall constitute an agreement that the provisions of this Declaration, the Bylaws and the Rules and Regulations, as they may be amended from time to time, are accepted and ratified by such owner, tenant, or occupant, and all of such provisions shall be deemed and taken to be covenants running with the land and shall bind any person having at any time any interest or estate in such Unit, as though such provisions were recited and stipulated at length in each and every deed or conveyance or lease thereof.
Leasing Restrictions. A Unit Owner shall be permitted to lease his Unit. Any lease agreement shall be required to provide that the terms of the lease shall be subject in all respects to the provisions of this Declaration and Bylaws of the Association and the Rules and Regulations, and that any failure by the lessee to comply with the terms of such documents shall be a default under the lease. Other than the foregoing, there shall be no
restriction on the right of any Unit Owner to lease his Unit; provided, however, prior to the commencement of any such lease, the Unit Owner shall give the Association written notice of the name of the lessee and the term of the lease. Anything herein to the contrary notwithstanding, Declarant shall have the unqualified right to lease upon any terms any Unit owned by it; provided, however, the occupancy of any Unit by any lessee of Declarant shall be otherwise subject to the provisions of this Declaration and the Bylaws of the Association.
8.03 All Units. For the purpose of assuring the maximum enjoyment of the Condominium by all of the Owners and Occupants thereof, the use of all Units shall be only in accordance with the following provisions:
(a) Size and Types of Permitted Vehicles in Parking Areas. Only a passenger automobile, a motorcycle, or a pick-up truck in operating condition with a then current effective license tag may be parked upon or in designated automobile Parking Areas and Parking Spaces. The Board may cause property stored or parked in violation of the provisions of this paragraph to be removed at the expense of the Unit Owner who parked or stored that same or whose lessee, invitee, or lessee's invitee parked or stored the same. Such property shall be removed at the expense of the Unit Owner on whose behalf of the same is parked or stored, or who caused or permitted such parking or storage. The cost of removal and further storage shall be assessed against the Unit Owner liable for such cost hereunder. Provided, however, that Declarant and its agents may park such trucks, vehicles or equipment in the Parking Area or Common Elements as are necessary to complete construction or provide maintenance to any Unit, recreational vehicles may not be parked in parking areas. These restrictions on Common Element or Limited Common Element. Boats, trailers, mini-bikes or recreational vehicles or non-automobiles may be enforced by removal and storage in the same manner as stated above, including the right of the Association to charge a fee for such removal and storage.
The provisions of this paragraph shall not prohibit delivery vehicles from parking while delivering products in their ordinary course of business.
Solid Waste. All solid waste shall be regularly removed from the Unit and shall not be allowed to accumulate therein. No solid waste shall be placed on the Common Elements or Limited Common Elements outside the Unit, temporarily or otherwise. Solid waste shall be bagged and deposited in specified outdoor containers or otherwise removed from the Condominium by an Owner or Occupant.
Window Treatments. Unless otherwise approved in writing by the Board, all windows in Units shall have window treatments.
(d) Antennas and Satellite Dishes. No satellite dish, antenna or other device for the transmission or reception of television signals, radio signals or any form of
electromagnetic wave or radiation shall be erected, used or maintained on any portion of the Condominium by any person owning or occupying a Unit without the written approval of Declarant or the Association; provided, however, that the Association shall have the right to erect, construct and maintain such devices for the use of all Unit Owners.
(e) Abandoned Personal Property. Personal property, other than vehicles as provided for in Paragraph 8.03(a) shall not be stored, kept, or allowed to remain for more than twenty-four (24) hours upon any portion of the Common Elements, other than on a Limited Common Element, without prior written Board permission. If the Board determines that a violation exists, then, not less than two (2) days after written notice is placed on the personal property and/or on the front door of the property owner's Unit, if known, the Board may remove and either discard or store the personal property in a location which the Board or the agent of the Association may determine and shall have no obligation to return, replace or reimburse the owner of the property. The notice shall include the name and telephone number of the Person which will remove the property and the name and telephone number of a Person to contract regarding the alleged violation. The Board, in its discretion, may determine that an emergency situation exists and may exercise its removal rights hereunder without prior notice to the property owner; provided, however, in such case, the Board shall give the property owner, if known, notice of the removal of the property and the location of the property within three (3) days after the property is removed.
Neither the Association nor any director, officer or agent thereof, shall be liable to any Person for any claim of damage resulting from the removal activity in accordance herewith. The Board may elect to impose fines or use other available remedies, rather than exercise its authority to remove property hereunder. The Association shall not be liable to the Owner of any Unit or such Owner's Occupant, guest, or family, for loss or damage, by theft or otherwise, of any property which may be stored in or upon any of the Common Elements. Sale Period. Notwithstanding any provisions contained in this Declaration to the contrary, during the period of the sale of the Units it shall be expressly permissible for Declarant, its contractors, agents, employees, assigns and representatives, to maintain and carry on, upon such portion of the Condominium as Declarant may deem necessary, such facilities and activities as in the sole opinion of Declarant be reasonably required, convenient or incidental to the completion and sale of the Units, including, but without limitation, business offices, signs, model Units and sales offices. The right to maintain and utilize such facilities and activities shall include specifically the right to use the parking facilities on the Condominium for such purposes and to use the Units owned by Declarant as model Units and as offices for the sale of the Units and related activities.
(g) Exterior signage. Each unit shall have one exterior sign of a uniform design which shall contain the word "Legacy", the unit number, and the name of the business occupying the unit.
ARTICLEIX
THE CONDOMINIUM ASSOCIATION AND ADMINISTRATION 9.01 The Association has been incorporated as a Georgia nonprofit membership corporation under the Georgia Corporation Code. The organization of the Association has been duly effectuated including appointment of the first Board of Directors and election of its initial officers. The Declarant shall have the right to appoint or remove any member or members of the Board of Directors and to elect the initial officers of the Association. The Declarant shall have the right to appoint or remove any member or members of the Board of Directors or any officer or officers of the Association until such time as the first of the following events occurs: (a) the expiration of three (3) years after the recording of this Declaration; (b) the date as of which eighty (80%) per cent of the Units shall have been conveyed by the Declarant to Unit Owners other than a person or persons constituting the Declarant; or (c) the surrender by the Declarant of the authority to appoint and remove members of the Board of Directors and officers of the Association by an express amendment to this Declaration executed and recorded by the Declarant. Except for certain greater than majority voting requirements provided herein and in the Bylaws of the Association, no limitations or restrictions on the powers of the Association or its Board of Directors are provided herein; provided, however, so long as the Declarant owns Units representing undivided ownership in the Common Elements of ten percent (10%) or more, the Association may not, without the consent of the Declarant (i) make any addition, alteration or improvement to the Common Elements or to any Unit, (ii) assess any Common Expenses for the creation of, addition to or replacement of all or part of any reserve, contingency or surplus funds, (iii) enter into any service or maintenance contract for work covered by contracts in existence on the date the Declaration is recorded, or (iv) borrow money for any purpose (v) control or restrict Declarant's right to design and construct additional Units which have
Allocation or Votes in the Association. Each Unit Owner shall automatically be a member of the Association, which membership shall continue during the period of ownership by such Unit Owner. Each Unit Owner shall have one (1) vote regardless of his undivided interest in the Common Area. These votes shall be cast under such rules and procedures as may be prescribed in the Bylaws of the Association, as amended from time to time, or by law. The initial By-Laws are set out as Exhibit Fand attached hereto and may be amended from time to time.
9.03 Meetings. Meetings of the members of the Association shall be held in accordance with the provisions of the Association Bylaws, and in any event not less frequently than
annually. At the annual meeting, reports of the affairs, finances and budget projections of the Association shall be made to the Unit Owners.
9.04 Rules and Regulations. Reasonable regulations concerning the use of the Units, appurtenances thereto, and the Common Elements may be made and amended from time to time by the Board of Directors of the Association; provided, however, that copies of such regulations and amendment thereto shall be furnished by the Association to all Unit any action by the Association or any aggrieved Unit Owner to recover damages, or obtain Owners. Failure to abide by any such regulation, rule or requirement shall be grounds for injunctive and equitable relief or both. Initial Rules and Regulations are attached hereto as Exhibit "D'. These Rules and Regulations may be amended from time to time by the Board of Directors who shall post the same on a web-site established for the benefit of the Unit Owners.
9.05 insurance coverage for the directors and officers or the Association. Further, each Liability. To the extent obtainable, the Association shall maintain public liability from expense, loss or liability by reason of having served as such director or as such director and each officer of the Association shall be held harmless by the Unit Owners expenses and liabilities, including reasonable attorneys' fees, incurred by or imposed officer and shall be indemnified by all the Unit Owners (as Common Expense) against all involved by reason of being such director or such officer, whether or not he is a director upon him in connection with any proceeding to which he may be a part, or have become expenses and liability arise from a finding or plea of guilty by misfeasance in the or officer at the time such expenses are incurred, except in such cases wherein the performance of his duties; provided, however, that in the event of a settlement or the acceptance of a plea nolo contendre, the indemnification shall apply only when the Board of Directors approves such settlement or plea and reimbursement as being in the best interests of the Association.
9.06 compensation for services performed by him unless such fee or compensation is first Compensation. No director of officer of the Association shall receive any fee or fixed by a resolution adopted by a majority vote of the Unit Owners present in person or in proxy at a meeting duly called and held for such purpose.
9.07 Powers of the Association and Board of Directors. The powers of the Association and the Board of Directors shall be as set forth, and shall be subject to the limitations and restrictions set forth in the Act, the Georgia Nonprofit Corporation Act, this Declaration, the Articles of Incorporation and the Bylaws of the Association. Association Rights and Restrictions. In addition to and not in limitation of all other rights it may have, the Association, acting through its Board of Directors, shall have the right and authority:
To enter into Units for maintenance, emergency, security, or life-safety purposes, which right may be exercised by the Board of Directors, officers, agents, employees, managers, and all police officers, firemen, ambulance personnel, and
similar emergency personnel in the performance of their respective duties. Except in an emergency situation, entry shall be only during reasonable hours and after reasonable notice to the Owner or Occupant of the Unit. For the purposes of this Paragraph, an emergency justifying immediate entry into a Unit shall include, but not be limited to, the following situations: a water or other utility leak, fire, strong foul odor, obvious insect infestation or sounds indicating that a Person or animal might be injured or sick and require immediate medical attention. No one exercising the rights granted in this subparagraph shall be liable for trespass, damages, or in any other manner by virtue of exercising such rights, except as provided in the Act. The failure to exercise the rights herein or to exercise said rights in a timely manner shall not create liability to any of the above-referenced parties, it being agreed that no duty to enter a Unit shall exist;
To make and to enforce reasonable rules and regulations governing the use of the Condominium, including the Units, Limited Common Elements, and Common Elements;
(c) To enforce use restrictions, other Declaration and Bylaws provisions, and rules and regulations by the imposition of reasonable monetary fines and suspension of use and voting privileges as provided in Section 44-3-76 of the Act, as amended; (d) To grant and accept permits, licenses, utility easements, leases, and other easements;
(e) To control, manage, operate, maintain, improve and replace all portions of the
Common Area;
To represent and act on behalf of the Owners in the event of damage or destruction as a result of casualty loss in accordance with the provisions of the Act and this Declaration;
(g) To represent and act on behalf of the Owners in the event of any loss resulting from condemnation or eminent domain in accordance with the provisions of the Act and this Declaration;
(h) To acquire, hold, and dispose of tangible and intangible personal property and real property,
At the sole expense of the Association, without need for a membership vote, and without the consent of any affected Owner to relocate any portion of the air conditioning, heating, plumbing, ventilating, exhaust or electrical system serving a particular Unit, and located outside the boundaries of a Unit, provided that after such relocation, the system scrving the Unit functions at least as well and at no greater cost to the Owner as existed prior to the relocation;
(ji) To close permanently or temporarily any portion of the Common Elements
(excluding the Limited Common Elements, and any Common Elements the use of which is reasonably necessary for access to or from a Unit) with thirty (30) days prior notice to all Owners, except that, in emergency situations requiring a temporary closing, prior notice shall not be required so long as notice is given within three (3) days after the closing explaining the reason for the closing. Notwithstanding the above, the Owners may re-open closed Common Elements by a majority vote of the Association, cast at a duly called special or annual meeting;
(K) To, but shall not be obligated to, dispense chemicals for the extermination of insects and pests within the Units and Common Elements. In the event the Association chooses to provide such pest control, the Association and its duly authorized contractors, representatives, and agents shall have an easement to enter Units for the purpose of dispensing chemicals for the extermination of insects and pests within the Units and Common Elements. Owners shall either provide a key to the Unit for purpose of such entry or have someone available at such times as are designated by the Board to allow entry into the Unit for this purpose. The Association shall not be liable for any illness, damage, or injury caused by the dispensing of these chemicals tor this purpose.
An Owner shall be liable for the expense of any maintenance, repair, or replacement rendered necessary by his act, neglect, or carelessness or by that of any member of his family, his lessees, or his or their guests, invitees, employees, or agents, but only to the extent that such expense is not met by the proceeds of insurance carried by the Association. Such liability shall include any increase in fire or casualty insurance rates occasioned by the use, misuse, occupancy or abandonment of a Unit or the Common Elements.
(m) The failure of the Association to enforce any covenant, restriction or other provision of the Act, the Condominium Instruments, or any Rules and Regulations adopted pursuant thereto shall not constitute a waiver of the right to do so.
(n) To hire managers, attorneys, accountants, and other similar personnel to benefit the Condominium and the Unit Owners.
9.09 Financial Books and Records.
(a) The Association shall make available to Unit Owners, holders of any first lien mortgage on any Unit and other lenders secured by any Unit, current copies of the Declaration, Bylaws and other rules governing the Condominium and any other books, records and financial statements of the Association.
The Association shall make available to prospective purchasers current copies of the Declaration, Bylaws, other rules governing the Condominium and the most recent annual audited financial statement, if such is prepared.
Upon written request from any agency, entity, corporation or individual which has an interest or prospective interest in the Condominium, the Association shall prepare and furnish within a reasonable period of time an audited financial statement of the Association for the immediately preceding fiscal year. 9.10 Fidelity Bonds. The Association shall maintain appropriate fidelity bonds for all officers, directors and employees of the Association and any other persons handling or responsible for funds, or funds administered by the Association. Such fidelity bonds shall name the Association as obligee and shall not be less than the estimated maximum of funds, including reserve funds, held by the Association, at any given time during the term of each bond. However, in no event may the aggregate amount of any such bonds be less than a sum equal to three (3) months aggregate assessments on all units plus reserve funds. All such bonds shall contain waivers by the issuers of the bonds of all defenses based upon the exclusion of persons serving without compensation from the definition of "employees" or similar terms or expressions. The premiums on all bonds required herein, except those maintained by any management agent, shall be paid by the Association as a common expense. The bonds shall provide that they may not be canceled or substantially modified (including cancellation for non-payment of premium) without at least ten (10) days' prior written notice to the Association, any Insurance Trustee.
9.11 Water and Sewer Service. Each Unit Owner shall contract directly with Oconee
County for water and sewer serving its Unit.
ARTICLE X
GENERAL PROVISIONS
10.01 Status of Declarant. Notwithstanding anything to the contrary in this Declaration or in the Articles of Incorporation or the Bylaws of the Association, Declarant hereby retains the right to appoint and remove any member or members of the Board of Directors of the Association and any officer or officers of the Association, as provided for in Paragraph 9.01 of Article IX of this Declaration. Every grantee or any interest in the Condominium, by acceptance of a deed or other conveyance or such interest, agrees that the Declarant shall have such authority to appoint and remove members of the Board of Directors and officers of the Association.
Upon the expiration of the period of the Declarant's right to control the Association pursuant to Paragraph 9.01 of Article IX, such right to control shall automatically pass to the Unit Owners (including the Declarant if the Declarant then owns one (1) or more Units). During the period of Declarant's control, the Declarant shall be responsible and liable with the members of the Board of Directors and officers to the Unit Owners for the books, records and accounts of the Association being in proper order, the Association
being in good standing under the laws of the State of Georgia, and the affairs of the Association having been conducted in a prudent and businesslike manner; and the Declarant shall not be insulated against liability to the Unit Owners because any act, omission or matter complained of during such period of control may have been done, omitted or permitted by or on behalf of the Association as a corporate entity. Nothing herein contained shall make any successor to the Declarant responsible or subject to liability by operation of law or through purchase of the Declarant's interest in the Property (or any part thereof) at foreclosure or any proceeding in lieu thereof for any act, omission or matter occurring, or arising from any act, omission or matter occurring, prior to the time such successor succeeded to the interest of the Declarant.
Any management contract, lease or recreational area or facilities, if any, or any other contract or lease executed by or on behalf of the Association during the period of the Declarant's right to control the Association, shall be subject to cancellation and termination at any time during the twelve (12) months next immediately following the expiration of such control period by the affirmative vote of the Unit Owners of Units to which a majority of the votes in the Association appertain, unless the Unit Owners by a like majority shall have theretofore, following the expiration of such control period, expressly ratified and approved the same.
10.02 Amendment. So long as the same shall not (a) adversely affect the title to any Unit, (b) materially alter or change any Unit Owner's right to the use and enjoyment of his Unit or the Common Elements as set forth in this Declaration, or (c) otherwise make any material change in this Declaration, each Unit Owner agrees that, if requested to do so by Declarant, such Unit Owner will consent to the amendment of this Declaration (i) if such amendment is necessary to bring any provision hereof into compliance with any applicable governmental statute, rule, 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 Units 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 FHLMC or FNMA to enable such lender or purchaser to make or purchase mortgage loans on the Unit subject to this Declaration, or (iv) if any such amendment is necessary to enable any governmental agency or reputable private insurance company to insure mortgage loans on the Units subject to this declaration. Further, this Declaration may also be amended from time to time by the assent of Unit Owners having at least two-thirds (2/3) of the total vote of the Association, provided, however, that during such time the Declarant has the right to control the Association pursuant to Paragraph 9.01 of Article IX, such amendment shall require the agreement of Declarant and Unit Owners to which twothirds (2/3) of the votes in the Association appertain, exclusive of any vote or votes appertaining to any Unit or Units then owned by Declarant. Also, any provision in this Section to the contrary notwithstanding, no amendment to this Declaration shall alter, modify, change or rescind any right, title, interest or privilege herein granted or afforded to the holder of any mortgage affecting any of the Units in the Condominium, unless such holder shall consent thereto in writing. Amendments to this Declaration may be proposed by the Declarant, the Board of Directors of the Association, or by petition signed by Unit
Owners having at least thirty percent (30%) of the total votes of the association. Agreement of the required majority of Unit Owners to any amendment of this Declaration shall be evidenced by their execution of the amendment, or in the alternative and provided that the Declarant does not then have the right to control the Association pursuant to Paragraph 9.01 of Article IX, the sworn statement of the President, any Vice President or Secretary of the Association attached to or incorporated in an amendment executed by the Association, in which sworn statement it is stated unequivocally that agreement of the required majority of Unit Owners was otherwise lawfully obtained. Any such amendment of this Declaration shall become effective only when recorded, or at such later date as may be specified in the amendment itself. The written consent of any mortgagee required with respect to such amendment shall also be recorded with such amendment. The right of the Declarant to add additional Units to the Condominium which modifies the percentage of undivided ownership of the Common Elements is not prohibited by the first sentence of this Paragraph 10.02.
10.03 Rights of Third Parties. This Declaration shall be recorded pursuant to the provisions of the Act for the benefit of Declarant, the Unit Owners and their mortgagees as herein provided, and by such recordation no adjoining property owner or third party shall have any right, title or interest whatsoever in the Condominium, or in the operation or continuation thereof, or in the enforcement of any of the provisions hereof, and, subject to the rights of the Declarant and their mortgagees as herein provided, the Unit Owners shall have the right to cancel, extend, modify, amend or otherwise change the provisions of this Declaration without the consent, permission or approval of any adjoining owner or third party.
Termination. The condominium shall be terminated only by the agreement of Unit Owners of Units to which four-fifths (4/5) of the votes in the Association appertain and all mortgagees of such Units; provided, however, that during such time, if any, as the Declarant has the right to control the Association pursuant to said Paragraph 9.01 of Article IX, such agreement shall be that of the Declarant and Unit Owners of Units to which four-fifths (4/5) of the votes in the Association appertain, exclusive of any vote or votes appurtenant to any Unit or Units then owned by the Declarant, and the mortgagees of such Units. Agreement of the required percentage of Unit Owners and their mortgagees to termination of the Condominium shall be evidenced by their execution of a termination agreement. Any such termination agreement shall become effective only when recorded or at such later date as may be specified therein. Upon the effective date of a termination agreement, all of the property constituting the Condominium shall be owned by the Unit Owners as tenants-in-common in proportion to their respective undivided interest in the Common Elements immediately prior to such effective date. As long as such tenancy-in-common lasts, however, each Unit Owner and his heirs, representatives, successors and assigns, shall have the same right of occupancy and use of that portion of said property which formerly constituted his Unit and Limited Common Elements appurtenant thereto, if any, as existed immediately prior to termination, and a non-exclusive right to use that portion of said property which formerly constituted Common Elements other than Limited Common Elements. Upon the effective date of a termination agreement, any rights the Unit Owners may have to the assets of the
Association shall be in proportion to their respective undivided interest in the Common Elements immediately prior to such effective date, and any distribution thereof to the Unit Owners shall be to such owners and their mortgagees as their interest may appear. Upon the effective date of a termination agreement, mortgages and liens affecting each Unit shall be deemed to be transferred in accordance with their existing priorities to the undivided interest of the Unit Owner in the property which formerly constituted the Condominium. After the effective date of a termination agreement, and except as otherwise expressly provided in the Act, the property which formerly constituted the Condominium and the rights and obligations of the former Unit Owners with respect thereto shall be subject to and governed by the laws of the State of Georgia pertaining to tenancies-in-common as long as such tenancy-in-common lasts.
10.05 Withdrawal of Submitted Property. Submitted property may be withdrawn from the
Condominium only in strict accordance with the provisions of the Act.
10.06 Enforcement. Each Unit Owner shall comply strictly with the Bylaws and with the administrative Rules and Regulations adopted pursuant thereto, as either of the same may be lawfully amended from time to time and with the covenants, conditions and restrictions set forth in this Declaration or in the deed to his Unit. In the event of a violation or breach, or threatened violation or breach, or any of the same, Declarant, the Association or any aggrieved Unit Owner, jointly and severally, shall have the right to proceed at law or in equity to compel compliance therewith or to prevent a threatened violation or breach thereof. Should the Declarant or the Association employ legal counsel to enforce any of the foregoing, all costs incurred in connection with such enforcement, including a reasonable fee for counsel, shall be paid by the violating Unit Owner. Inasmuch as the enforcement of the provisions of this Declaration and the Bylaws and such administrative Rules and Regulations is essential for the effectuation of the general plan of development contemplated hereby and for the protection of present and future Unit Owners, it is hereby declared that any breach thereof cannot be adequately compensated by recovery of damages, and that Declarant, the Association, or any aggrieved Unit Owner, in addition to all other remedies, shall be entitled by injunctive relief to restrain any such violation or breach or threatened violation by a Unit Owner, then, in addition to the foregoing remedies, the Board of Directors of the Association may levy summary charges against the Unit Owner for such violation, provided that no summary charges may be levied for more than $100.00 for any one (1) violation; but each day or time a violation is continued or repeated after written notice to the Unit Owner to ccase and desist, it shall be considered a separate violation. Collection of summary charges may be enforced against a Unit Owner as if such charges were a Common Expense owed by the Unit Owner involved. No delay, failure or omission on the part of Declarant, the Association or any aggrieved Unit Owner in exercising any right, power or remedy herein provided shall be construed as an acquiescence therein nor shall be deemed a waiver of the right to do so thereafter as to the same violation or breach, nor as to a violation or breach occurring prior to or subsequent thereto, and shall not bar or affect its enforcement. No right of action shall accrue nor shall any action be brought or maintained by anyone whatsoever against Declarant or the Association for or on account of any failure to bring any action on account of any violation or breach, or threatened
violation or breach, of the provisions and regulations, however long continued, nor for the imposing of provisions which may be unenforceable.
Duration. Unless the Condominium is terminated as herein provided, the provision of this Declaration shall run with and bind the Property and shall be and remain in effect perpetually to the extent permitted by Georgia law; provided, however, so long as Georgia law limits the period during which covenants restricting lands to certain uses may run, provisions of this Declaration affected thereby shall run with and bind the Property so long as permitted by such law, and it shall be the duty of the Board of Directors of the Association to cause this Declaration to be amended of record when necessary by filing a document bearing the signatures of Unit Owners having a majority of the voting interest in the Condominium reaffirming and newly adopting such provisions in order that the same may continue to be covenants running with the land of the Condominium. Such adoption by a majority shall be binding on all. Every purchaser or grantee of any interest in any property made subject to this Declaration, by acceptance of a deed or other conveyance therefor, thereby agrees that the provisions of this Declaration shall run with and bind the Property as provided hereby.
10.08 Limitations. Anything herein to the contrary notwithstanding, unless at least two-thirds
(2/3) of the first mortgagees (based upon one (1) vote for each first mortgage owned), or Unit Owners (other than the Declarant) have given their prior written approval, the Association shall not be entitled to:
(a) By act or omission, seek to abandon or terminate the Condominium;
(b) Change the pro-rata interest or obligations of any Unit for the purpose of: (i) levying assessments of charges or allocating distributions of hazard insurance proceeds or condemnation awards, or (ii) determining the pro-rata share of ownership of each Unit in the Common Elements;
(c) Partition or subdivide any Unit, except as provided in Article II, Paragraph 2.03 hereof;
By act or omission, seek to abandon, partition, subdivide, encumber, sell or transfer the Common Elements; provided, however, that the granting of easements for public utilities or for other public purposes consistent with the intended use of the Common Elements by the Condominium shall not be deemed a transfer within the meaning of this provision; and
(e) Use hazard insurance proceeds for losses to any Condominium property (whether to Units or to Common Elements) for other than repair, replacement or reconstruction of such property, except as provided by statute in case of substantial loss to the Units and or Common Elements of the Condominium.
Anything to the contrary notwithstanding, this Declaration shall not be deemed to give any Unit Owner, or any other party, priority over any rights of the first mortgagee of a
Unit pursuant to its mortgage in the case of a distribution to such Unit Owner or insurance proceeds or condemnation awards for losses to or taking of any portion of any Unit or the Common Elements.
10.09 Gender and Grammar. The singular wherever used herein shall be construed to mean the plural when applicable, and the necessary grammatical changes required to make the provisions hereof apply cither to corporations or individuals, men or women, shall in all cases be assumed as though in each case fully expressed.
10.10 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.
10.11 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 provisions or application, and to this end the provisions of this Declaration are declared to be severable.
10.12 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, in the opinion of Declarant or the Association, 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.
10.13 Controlling Law. The terms and conditions of this Declaration shall be governed by the laws of the State of Georgia and the Ordinances of Oconee County, Georgia.
10.14 Authors. This Declaration was prepared by James C. Warnes of Timmons, Warnes &
Mercer, LLP, Attorneys at Law, 244 East Washington Street, Athens, Georgia, 30601. 10.15 Recordation. This Declaration is to be recorded in Oconee County, Georgia, pursuant to
Official Code of Ga. Ann. Section 44-3-74.
IN WITNESS WHEREOF, the Declarant has caused this instrument to be properly executed and sealed the day, month and year first written.
Signed, sealed and delivered LEGACY OFFICE PARK, LLC
in the presence of:
ChunkeR Smith By:
Witness Darrell Sosbee, Member
By: soy Le. dosteś Notary Public toy Lee Sosbee, Membe
Notary
UCH
Public
ACTOBER 10,9
OF SECURITY DEED HOLDER
OCONEE STATE BANK, the holder of first priority deed to secure debt describing the real property upon which this condominium is created consents to the terms, conditions and provisions of the foregoing Declaration of Condominium for Legacy Office Park.
This 074 - day of May → 2014.
Signed, sealed and delivered
in the presence of: OCONEE STATE BANK
TAtt o.t. By:
Witness
Attest:
votary Publi
MARIANNE K. SCOT
NOTARI
My Comm. Expires August 25, 2014
PUBLIC GEORGIA
CLARKE COUNT
LEGAL DESCRIPTION
All that tract or parcel of land, lying and being in the 221hh G.M.D., Oconce County, Georgia, containing 3.328 acres on the northwest side of Hog Mountain Road, and being more particularly described as follows:
Beginning at an iron pin on the Northwest side of Hog Mountain Road, which iron pin is 153.20' from the intersection of the Northwest Right of Way of Hog Mountain Road and the Southwest Right of Way of Arrowhead Road; running thence North 66° 59' 44" West 22.11' to an iron pin which is the TRUE POINT OF BEGINNING; running thence South 48°14' 47" West 97.07' to an iron pin; running thence South 48° 01' 23i West 319.20' to an iron pin; running thence North 42° 09' 13" West 359.22' to an iron pin; running thence South 48° 01'22"West 213.82' to an iron pin; running thence North 52° 12' 00" West 57.99' to an iron pin; running thence North 49° 10' 43" East 402.21' to an iron pin; running thence North 44° 45' 21" East 98.09' to an iron pin; running thence South 59° 31'21" East 296.65' to an iron pin; running thence South 66° 59' 44" East 122.82' to an iron pin, which is the TRUE POINT OF BEGINNING.
EXHIBIT "B»
ARCHITECT'S / ENGINEER'S CERTIFICATION
STATE OF GEORGIA
COUNTY OF OCONEE
Before me came in person, Edward Lave , Registered Engineer, who, having been duly sworn, on oath says as follows:
That he has visited the site at 1800 Hog Mountain Road, Watkinsville Oconee County, Georgia, and viewed the property known or to be known as "Building 600, Units A and B, Legacy Office Park Condominium" and that, to the best of his knowledge, information and belief: (a) the exterior walls and roof of each structure are in place as shown on the plans entitled "Legacy Business Park, Building 600ạiwhich plans have been filed in the office of the Clerk of the Superior Court, Oconee County, Georgia, for Legacy Office Park Condominium, to which this certificate shall be attached and by reference made a part hereof, and (b) such walls, partitions, floors and ceilings, to the extent shown on said Plans as constituting the horizontal boundaries, if any, and the vertical boundaries of the Unit, including convertible space, have been sufficiently constructed so as to establish clearly the physical boundaries of each Unit.
Sworn to and subscrihed before me this 9th day of O → 201_.
Unofficial Witness
atali Caon Notary
Notary Public
My commission expires: Public
The Declaration for Legacy Office Park Contentum is recorded in Deed Book page __ -, and the plat in Plat Book 38, page 34, both in the office of the Clerk of the Superior Court of Oconce County, Georgia.
LEGACY BUSINESS PARK
BUILDING 600
1800HOG MOUNTAIN ROAD
WATKINSVILLE, GEORGIA 30677
PROJECT DATA LEGEND
SCOPE OF WORK: 2950 SQUARE FEET OF SHELL BUILDING MAIN LEVEL OCCUPANCY "D WITH
2950 SQUARE FEET OF S-I STORAGE BELOW
CONTRACTOR SMALOCAL CODES AS LISTED BELOW ADHERE TO ALL STATE EXTERIOR PINISH ONLY, INTERIOR BUILDOUT BY SEPARATE PERMIT A-00 I COVER SHEET
A-100 FOUNDATION
GEORGIA ANENDMENTS 12000) TYPE OF CONSTRUCTION: V-B. WAIN LEVEL, WITH LOWER LEVEL SI FLOOR PLAN
GIA AVENOVENTS (2009) PRO/A AMENDMENTS (2009) SPRINKLED: NO A -102 ELEVATIONS & CROSS SECTION
NUMBER OF STORIES: ONE PI PLUMBING ROUGH-IN FLAN
BUILDING HEIGHT: SEE PERMITTED SMELL PLANS
OCCUPANCY CLASSIFICATION: B MAIN LEVEL-LOAD OF 30 TOTAL MAIN LEVEL
HE INTENT FOK, THE DRAWINGS 1O DE IN FULL C DESIGN LOADS:
PE L TANE ON DONE NET 183 DACTED ON . RATIONAL BUILDING COUL 200G
ARTHQUAKE LOADS:
CONTACT INFORMATION
JOMN D. AND ROY LEL SOSBEE I
1 390 BEVERLY DRIVE SOIL PROFILE = D
WATKINSVILLE, GA. 30677
PHONE: 70G-540-2241
020014
COVER SHEET /ATKINSVILLE, GEORGIA 30627 20017-2015
ADO: 7W199
FRONT ELEVATION
RIGHT ELEVATION
REVERSE LEFT ELEVATION
a 020614
141 - 1-0
*EVATIONS 1S9 PAKK
NTAIN KOND
GA 30G7: A102 W195 REAR ELEVATION
ANDOW SIZES
• 218 × 4/6 SGL
B 218 X A/6 TWIN
11:5
080614
124-150
EGACY BUSINESS PARK •LOOR PLANS + BUILDING CROSS SECTION MOCHOG MOUNTAIN ROAD
AIO: H12 00
EXTEKIOR HARDI DO 4 BATT SICINE
POUR FING 10° TH WALL SECTION "B" WALL SECTION C
APPLY 5/8" GYPSUM TO TRUSS WINDOW SIZES
BEFORE STUDING EXTERIOR 7/1 6" ROOF - 2/8 × 4/6 SGL.
WALL DECKING TYP 2/8 X 4/6 TWIN
BARGE RAFTER
WOOD TRUSSES
@ 24ỊO.C.
ASSEMBLY U337-
CONTINIOUS FROM
BASEMENT WALL TO N.VIEW TOP OF STUD WALL FROM BASEMENT
ROOF DECK
TRUSS SET FLUSH - -HORZ LAP HARDI SIDING
W/ INSIDE OF STUD TYVEK HOUSE WRAP OR EQUAL
WALL FOR DEAD WOOD "5/8' DENSGLASS GOLD FIREGUARD EXTERIOR SHEATHING
518° FIREGUARD GYPSUM BOARI 3/4iỊT4G SUBPLOOR
..SHT. 100 2"X4iNAILER EA SIDE OF
FLOOR TRUSS TO RECEIVE
5/8ỊẠỊGYPSUM TYP
ONE HOUR EXTERIOR WALL ASSEMBLY U337 PLOOR TRUSS 020614
THIS WALL OCCURS BETWEEN EACH BUILDING DEL PLATE
AND RUNS CONTINIOUS FROM BASEMENT SLAB
TO ROOF DECK. SECTION BETWE + SUBFLOOR.
ONE HOUR EXTERIOR WALL ASSEMBLY U337 ACY BUSINESS PARK
NSVILLE. GA 30G77 UNTAIN ROAD
A100
EXHIBIT "B"
ARCHITECT'S / ENGINEER'S CERTIFICATION
STATE OF GEORGIA
COUNTY OF OCONEE
Before me came in person, Edwala Lave › Registered Engineer, who, having been duly sworn, on oath says as follows:
That he has visited the site at 1800 Hog Mountain Road, Watkinsville Oconee County, Georgia, and viewed the property known or to be known as "Building 800, Units A and B, Legacy Office Park Condominium" and that, to the best of his knowledge, information and belief: (a) the exterior walls and roof of each structure are in place as shown on the plans entitled "Legacy Business Park, Building 800ồạồiwhich plans have been filed in the office of the Clerk of the Superior Court, Oconee County, Georgia, for Legacy Office Park Condominium, to which this certificate shall be attached and by reference made a part hereof, and (b) such walls, partitions, floors and ceilings, to the extent shown on said Plans as constituting the horizontal boundaries, if any, and the vertical boundaries of the Unit, including convertible space, have been sufficiently constructed so as to establish clearly the phyșical boundaries of each Unit.
sworn to and subscribed hefore me this 9th day of. MO → 201
alast Eith
Unofficial Witness NUE SOSEE
ntaliCach Notary
Notary Public Public
My commission expires:
ONEE
The Declaration for Legacy Office Park Condominium is recorded in Deed Book page, and the plat in Plat Book 38, page 34, both in the office of the Clerk of the Superior Court of Oconee County, Georgia.
LEGACY BUSINESS PARK
BUILDING 800
180 HOG MOUNTAIN ROAD
WATKINSVILLE, GEORGIA 30677
LEGEND
PROJECT DATA
SCOPE OF WORK: 1730 SQUARE PEET OF SMELL BUILDING WITH EQUAL SIZE BASEMENT,
EXTERIOR FINISH ONLY, INTERIOR BUILDOUT BY SEPARATE PERMIT A-O0. COVER SHEET
LISTED BELOW A. 100 FLOOR PLANS 4 SECTIONS
A-101 FLEVATION
TYPE OF CONSTRUCTION: V-B P-1 PLUMBING ROUGH-IN PLAN
VENDMENTS (2009
SPRINKLED: NO
CHAPTES: | 20AENDMENTS 200G 120320 NUMBER OF STORIES: ONE
BUILDING HEIGHT: SEE PERMITTED SHELL PLANS
OCCUPANCY CLASSIFICATION: B W/ OCCUPANCY LOAD OF 25
DESIGN LOADS:
ANYA ONAL BUILDING CODE 200.
30 MIC 2 PSęł
EARTHQUAKE LOADS:
SPONSE COCEPERATIOON EARTAQUANE SPECTRA
CONTACT INFORMATIONa
JOHN D, AND ROY LEE SOSBEE
1390 BEVERLY DRIVE SOIL PROFILE - D
WATKINSVILLE, GA, 30677
PHONE: 706-540-2241
HW
GACY DUSINEDS PARK 4 COVER SHEET
- MOUNTAIN RO - 02-20-2013
ADO I
INTERIOR FINISH UNDER
SEPARATE PERMIT (TYP)
NTERIOR FINISH UNDER
SEPARATE PERMIT (TYP)
864 SF 864 SF
3/4" T4G SUBFLOOR APPLY 5/8" GYPSUM TO TRUSS 2'X4* NAILER EA SIDE OF
BEFORE STUDING EXTERIOR 7/16" ROOF WINDOW SIZES FLOOR TRUSS TO RECEIVE
WAIL DECKING TYP A 28X416 5/8" GYPSUM TYP
BARGE RAFTER FLOOR TRUSS
WOOD TRUSSES 2/8 X 4/6 TWIN DBL PLATE
@ 24° O.C. - 2/8 × 3/2
ASSEMBLY U337T) SECTION BETWEEM RBI PLATE & SUBFLOOR CONTINIOUS FROM 2"X4" NAILER EA SIDE OF BASEMENT WALL TO PLOOR TRUSS TO RECEIVE ROOF DECK 519" GYPSUM. TYP TRUSS SET FLUSH HORZ LAP HARDI SIDING
W/ INSIDE OF STUD YVECK HOUSE WRAP OR EQUAL
WALL FOR DEAD WOOD 5/8* DENSGLASS GOLD FIREGUARD EXTERIOR SHEA
2"X4" WOOD STUD @ 16" O.C.
5/8ỊPIREGUARD GYPSUM BOARD TED PLAN VIEW TOP OF STUD WALL FROM BASEMENT E-CUT STUO
HE EXT. SHEATHING -
OK HOSENR ONE HOUR EXTERIOR WALL ASSEMBLY U337
EXTERIOR MARDI SIDING THIS WALL OCCURS BETWEEN EACH BUILDING 2X4* HT BOTTOM -
AND RUNS CONTINIOUS FROM BASEMENT SLAB
TO ROOF DECK. NOTE-BLOG 900 RIGHT EXTERIOR
WALL. TO BE STD CONSTRUCTION W/ WOWS
COMPACTEL
WALL SECTION "A" - "A"
SO ACE OF TU
ONE HOUR EXTERIOR WALL ASSEMBLY U337 BUILDING 200 EGACY BUSINESS PARK MOOR PLANS ł BUILDING CROSS SECTION SO HOG MOUNTAIN ROA 02-20-2013
WATKINSVILLE. A 3067
W179
• LEFT ELEVATION RIGHT ELEVATION
I COXED OM DOOK UNIT FRONT ELEVATION REAR ELEVATION
LOOKSO OH DOOR UNIT
PLUMBING RO AN 02-20:2013 PI
NO HOMOUNTAN BOND
EXHIBIT "B"
ARCHITECT'S / ENGINEER'S CERTIFICATION
STATE OF GEORGIA
COUNTY OF OCONEE
Before me came in person, Edwal) Lau , Registered Engineer; who, having been duly sworn, on oath says as follows:
That he has visited the site at 1800 Hog Mountain Road, Watkinsville Oconee County, Georgia, and viewed the property known or to be known as "Building 900, Units A and B, Legacy Office Park Condominium" and that, to the best of his knowledge, information and belief: (a) the exterior walls and roof of each structure are in place as shown on the plans entitled "Legacy Business Park, Building 900" which plans have been filed in the office of the Clerk of the Superior Court, Oconee County, Georgia, for Legacy Office Park Condominium, to which this certificate shall be attached and by reference made a part hereof, and (b) such walls, partitions, floors and ceilings, to the extent shown on said Plans as constituting the horizontal boundaries, if any, and the vertical boundaries of the Unit, including convertible space, have been sufficiently constructed so as to establish clearly the physical boundaries of cach Unit.
Sworn to and subscribed before me this Of day of MO _, 201
Charles SiNn
Unofficial Witness SOST
Datali Caven ~ Notary
Notary Public NA7 GA
My commission expires: • OCTOBER 19'1 Public
MONEE COU
The Declaration for Legacy Office Park Condominium is recorded in Deed Book _ page _ _ and the plat in Plat Book 38 page 34, both in the office of the Clerk of the Superior Court of Oconce County, Georgia.
LEGACY BUSINESS PARK
BUILDING 900
180 HOG MOUNTAIN ROAD
WATKINSVILLE, GEORGIA 30677
PROJECT DATA LEGEND
ONTRACTOR SHALL ADHERE TO ALL STAT [SCOPE OF WORK: 1730 SQUARE FEET OF SHELL SUILDING WITH EQUAL SIZE BASEMENT.
RDINANCES AND LOCAL CODES AS LISTED BELOW EXTERIOR FINISH ONLY, INTERIOR BUILDOUT BY SEPARATE PERMIT A-001 COVER SHEET
A-100 FLOOR PLANS + SECTIONS
A-10I ELEVATION
TYPE UF CONSTRUCTION: V-B P-I PLUMBING ROUGH-IN PLAN
SPRINKLED: NO
NUMBER OF STORIES: ONE
BUILDING HEIGHT: SEE PERMITTED SHELL PLANS
OCCUPANCY CLASSIFICATION: B W/ OCCUPANCY LOAD OF 25
DESIGN LOADS:
TERNATIONAL BUILDING CODE 2006
SAING 3. PSE
EARTHQUAKE LOADS:
CONTACTINFORMATION: SPONSE ACCELERATON EARTHOUTAN: SPECTRAT
JOHN D. AND ROY LEE SOSBEE
1390 BEVERLY DRIVE SOIL PROFILE - D
WATKINSVILL:, GA, 30677
PHONE: 706-540-2241
COVER SHELT
A001HW179
INTERIOR FINISH UNDER
SEPARATE PERMIT (TYP)
INTERIOR FINISM UNDER
SEPARATE PERMIT (TYP)
864 SF 864 SF
STUD WALL TO
3/4° T4G SUBFLOOR APPLY 5/8* GYPSUM TO TRUSS 21X4" NAILER EA SIDE OF
BEFORE STUDING EXTERIOR 116 8001 WINDOW SIZES FLOOR TRUSS TO RECEIVE
WALL DECKING TP - 218 × 416 5/8' GYPSUM TYP
BARGE RAFTER FLOOR TRUSS
WOOD TRUSSES A 2/8 X 4/6 TWIN DEL PLATE
@ 24° O.C. A2/8 x 3/2
ASSEMBLY U337SECTION BETWEEM DEL PLATE & SUBFLOOR CONTINIOUS FROM 2IX4" NAILER EA SIDE OF BASEMENT WALL TO FLOOR TRUSS TO RECEIVE ROOF DECK 5/8" GYPSUN TYP TRUSS SET FLUSH HORZ LAP HARDI SIDING
W/ INSIDE OF STUD TWECK HOUSE WRAP OR EQUAL
WALL FOR DEAD WOOD -5/8' DENSGLASS GOLD FIREGUARD EXTERIOR SMEATI
X4° WOOD STUD @ 16°0.0
LE OLTAIL 18° FIREGUARD GYPSUM BOAR
9° PRE-CUT STUD 2) PLAN VIEW TOP OF STUD WALL FROM BASEMENT 1/2" EXT. SHEATHING
ONE HOUR EXTERIOR WALL ASSEMBLY U337 X4" PT COTTOM
EXTERIOR HARD SIDING THIS WALL OCCURS BETWEEN EACH BUILDING
120 PS POTTOM 9 AT AND RUNS CONTINIOUS FROM BASEMENT SLAB
TO ROOF DECK. NOTE:BLOG 900 RIGHT EXTERIOR
ALL TO BY STD CONSTRU ON W WOWS..
2-NO. 5 REBAR
COMPACTED EARTH CONTINIOUS WALL SECTION *B' - 1100 11.00 CONTINICA WALL SECTION "A" - "A"
SHE ACE OF 310S
ONE HOUR EXTERIOR WALL ASSEMBLY U337 CACY BUSINESS PARK
BUILDING CROSS SECTION
HATS ML CAN CON
A100 HW75
114°~ 1:0 W170
LEFT ELEVATION RIGHT ELEVATION
LOOXED ON DOOK UNIT FRONT ELEVATION REAR ELEVATION
BOXES DOOR UNIT
PLUMBING RO N 0220-2013
EXHIBIT "C"
ALLOCATION OF UNITS FOR LEGACY OFFICE PARK CONDOMINIUM
OFFICE BUILDING NO OF VOTES APPROXIMATE PERCENTAGE INTEREST UNIT NO. NUMBER IN AREA (SQ. FT.) IN COMMON AREA
ASSOCIATION
300 1 NOT YET BUILT 25.83%
300
6400 sq. ft.
400 1 NOT YET BUILT 19.37%
400
4800 sq. ft.
1 NOT YET BUILT 7.5%
500 500
1858 sq. ft.
6.02
600A 1492 sq. ft.
600
600B 1492 sq. ft.
6.02%
NOT YET BUILT 10.54% 700 700 1
2612 sq. ft.
800 1 872 3.52%
800A
800 1 867 3.50%
800B
900 1 868 3.50%
900A
900 1 868 3.50%
900B
1 NOT YET BUILT 10.70% 1000 1000
2650 sq. ft.
VOTING RIGHTS: Ownership of a unit within the Condominium entitles the Owner or Owners thereof to membership in the Association and to collectively vote on all matters properly before the Association under the provisions of the Declaration, the Bylaws of the Association, or the Georgia Condominium Act. The number of votes appurtenant to each unit shall be as provided unless the Declarant exercises his right and option to create additional Units under the provisions of the Declaration and the Act. Each added Unit shall be entitled to one vote. The percentage of each Unit in the Condominium shall be adjusted proportionately to the amount of square footage that Unit bears to the total square footage of all the Units in the Condominium.
DECLARANT EXPRESSLY RESERVES THE RIGHT TO RECONFIGURE ANY BUILDING NOT YET BUILT, TO INCREASE OR REDUCE THE SIZE OF ONE OR MORE OF SUCH
BUILDINGS AND TO BUILD ADDITIONAL BUILDINGS SO LONG AS THERE ARE NOT MORE THAN 10 BUILDINGS IN THE CONDOMINIUM AND NO MORE THAN 27,000 SQUARE FEET OF HEATED SPACE IN ALL OF THE UNITS.
NOTICE: THE NUMBER OF VOTES IN THE ASSOCIATION AND THE PERCENTAGE INTEREST IN THE COMMON ELEMENTS ARE SUBJECT TO CHANGE WITHOUT THE CONSENT OF THE OWNERS OR THE ASSOCIATION UNDER THE PROVISIONS SET OUT HEREIN AND IN SECTIONS 2.03 and 2.14 OF THE DECLARATION.
LIABILITY FOR COMMON EXPENSES. Each Unit shall be liable for payment of common expenses in the same percentage as the interest in the common areas appertaining to that unit.
In the event of changes to the number, size or configuration of Units, this Exhibit C shall be amended and such amendment shall be recorded in the office of the Clerk of Superior Court of Oconce County, Georgia.
Each Unit Owner by acceptance of the deed to its Unit consents to and agrees to be bound by the conditions set forth above.
EXHIBIT ID"
RULES AND REGULATIONS FOR
LEGACY OFFICE PARK CONDOMINIUM
1. Office, Professional and Retail Purposes. All units contemplated in the development shall be, and the same hereby are, restricted exclusively to office, professional or retail use. All such units shall be of new construction. No structures of a temporary character, trailer, basement, tent, shack, carport, garage, barn or other outbuilding shall be used for any purpose on any portion of the property at any time whether temporarily or permanently, except for construction trailers used by Declarant or its construction subcontractors during the periods of the construction or building of any Unit.
2. Freehold Estate. Each Unit shall be conveyed as a separately designed and legally described frechold estate subject to the terms, conditions and provisions hereof, and of the Condominium Act.
Signs and Business Activities. The sign identifying each individual unit and the occupant thereof shall be uniform with all other such signs in the condominium. No billboards, unsightly objects, or nuisance shall be erected, placed or permitted to remain on the property, nor shall the property be used in any way or for any purpose which may endanger the health or unreasonably disturb the Owners of any Unit or any occupant thereof. All signage must comply with Oconee County, Georgia, ordinances.
Use of Common Areas. No planting or gardening shall be done, and no fences, hedges or walls shall be erected or maintained upon the Property except such as are installed thereon or as approved by the Association's Board of Directors or their designated representatives. Except for the right to ingress and egress, the Owners of units are hereby prohibited and restricted from using any of the Property outside of their respective Units except as may be allowed by the Declaration, the Association's Board of Directors or as expressly provided herein. It is expressly acknowledged and agreed by all parties concerned that this paragraph is for the mutual benefit of all Owners in the Condominium and is necessary for the protection of all Owners.
Maintenance of Fixtures and Equipment. All fixtures and equipment installed within a Unit commencing at a point where the utility lines, pipes, wires, conduits or systems enter the exterior walls of a unit shall be maintained and kept in repair by the Owner thereof. An Owner shall do no act nor any work that will impair the structure's soundness or integrity of another unit or impair any easement or hereditament, nor do any act nor allow any condition to exist which will adversely affect the other Units or their Owners.
Exterior Antennas. Without prior written approval and authorization of the Board of Directors, no exterior television or radio antennas or satellite dishes of any sort shall be placed, allowed or maintained upon any portion of the improvements located or to be located upon the property nor upon any structure situated upon the Property.
Equal Treatment. No action shall at any time be taken by the Association or its Board of Directors which in any manner would favor any Owner or Owners over any other Owner or Owners.
Exterior Appearance. To provide a neat, attractive and harmonious appearance throughout the condominium, no awnings, shades or screens shall be attached to, hung or used on the exterior of any window or door of a Unit without the prior written consent of the Board of Directors of the Association. Also, no foil or other reflective material shall be used on any windows for sun screens, blinds or any other purpose.
9. Nuisances. No rubbish or debris of any kind shall be dumped, placed or permitted to accumulate upon any portion of the Property, and no odors shall be permitted to arise therefrom, so as to render any portion thereof unsanitary, unsightly, offensive, or detrimental to persons using or occupying other portions of the Property. No nuisance shall be permitted to exist or operate upon any portion of the Property so as to be offensive or detrimental to persons using or occupying other portions of the Property. Without limiting the generality of any of the foregoing provisions, no exterior speakers, horns, whistles, bells or other sound devices, except security devices used exclusively for security purposes, shall be located, used or placed on the Property. Any Unit Owner (or his tenants, servants, agents or guests) who shall dump or place any trash or debris upon any portion of the Property shall be liable to the Association for the actual cost of the removal thereof and the same shall be added to and become part of that portion of any assessment next coming due to which the Unit Owner is subject.
10. Prohibited Activities. Noxious or offensive activities shall not be carried on in any
Unit or in the Common Elements and facilities. Each Unit Owner, his visitors, customers, clients, guests, tenants, servants and agents shall refrain from any act or use ofhis Unit or the Common Elements and facilities which could reasonably cause embarrassment, discomfort, annoyance or nuisance to the occupants of the Units, or which could result in the cancellation of insurance on any Unit or any portion of the Common Elements and facilities, or which would be in violation of any law or governmental code or regulation.
11. Governmental Regulations. All governmental building codes, health regulations, zoning restrictions and the like applicable to the Property shall be observed. In the the event of any conflict between any provision of any such governmental code,
regulation or restriction and any provision of this Declaration, the more restrictive provision shall apply.
12. Sale Period. Notwithstanding any provisions contained in the Declaration to the contrary, it shall be expressly permissible for Declarant and its duly authorized agents, representatives and employees to maintain and carry on, during the period of of the sale of the Units, upon such portion of the Property as Declarant may deem reasonably required, convenient or incidental to the construction and sale of the necessary, such facilities and activities as in the sole opinion of Declarant may be Units, including, but without limitation, offices, signs and model units. The right to to maintain and carry on such facilities and activities shall include specifically the right to use a model unit and parking facilities thereto for such purposes.
ADDITIONAL UNITS EXHIBIT "E"
Declarant has reserved under the provisions of paragraphs 2.03 and 2.14 of the Declaration the right to change the Condominium by building or constructing additional Units so long as no more than ten (10) buildings are built upon the Property. The Declarant may exercise this option and right by recording an amendment to Exhibit C of the Declaration setting out that such additional Units have been submitted to the Condominium form of ownership under the provisions of the Declaration and the Georgia Condominium Act. Declarant shall thereafter comply with all the terms and provisions of the Georgia Condominium Act in regard to filing all notices and documents as required under the Act. Without limiting the generality of the foregoing, the Declarant shall upon the submission of additional Units, file for record an amendment to Exhibit "C" to this Declaration which shall set forth the adjusted common area interest appertaining to each unit in the Condominium.
Declarant shall not construct nor shall it have any right to construct any recreational facilities in the Condominium property which would require maintenance by the Association without the express written consent of a majority of the unit owners other than Declarant. All construction of additional Units shall be of equal or greater quality than existing Units and shall be harmonious in decor, external design and appearance.
Any purchaser of a condominium unit in Legacy Park Office Condominium by the acceptance of a deed thereto, thereby agrees without the necessity of any further writing or consent, to the decrease in the percentage interest of the common elements appertaining to his or her unit in the event that any additional Units are in fact submitted to the condominium form of ownership under the provisions of the Declaration for Legacy Park Office Condominium or the Georgia Condominium Act. At any time the percentage interest in the Common Elements appertaining to any individual unit shall be the quotient derived from dividing the square footage contained within that unit by the total square footage contained in all the units in Legacy Park Office Condominium.
EXHIBIT «FR
BYLAWS OF
LEGACY OFFICE PARK CONDOMINIUM OWNERS ASSOCIATION, INC
ARTICLE I
• Plan of Unit Ownership
Unit Ownership. The property located at 801 Hog Mountain Road, Watkinsville, Oconce County, Georgia described in Exhibit A to the Declaration (hereinafter called the "Property?) is to be submitted to the provisions of the Georgia Condominium Act (the "Act') by Declaration recorded in the office of the Clerk of the Superior Court of Oconee County, Georgia, and thereafter shall be known as Legacy Park office Condominium (hereinafter called the "Condominium"). Terms defined in the Act and the Declaration shall have such defined meanings when used herein unless the context otherwise requires.
Section 2. Applicability of Bylaws. The provisions of these Bylaws are applicable to the Property of the Condominium and to the use and occupancy thereof. The term "Property" as used herein shall include the land, the buildings and all other improvements thereof (including the units and the common elements), and all easements, rights and appurtenances belonging thereto, and all other property, personal or mixed, intended to be submitted to the provisions of the Act.
Application. All present and future owners, mortgagees, lessees and occupants of units and their employees, and any other persons who may use the facilities of the Property in any manner are subject to these Bylaws, the Declaration and the Rules and Regulations.
The acceptance of a deed or conveyance or the entering into of a lease or the act of occupancy of a unit shall constitute an agreement that these Bylaws, the Rules and Regulations and the provisions of the Declaration, as they may be amended from time to time, are accepted, ratified, and will be complied with.
Section 4. Office. The Association may have offices at such place or places as the Board of Directors may from time to time appoint or the business of the Association may require or make available.
ARTICLE II
Board of Directors
Section 1. Number and Qualification. The affairs of the Association shall be governed governed by a Board of Directors. The Board of Directors shall be composed of at least three (3) but (3) but not more than five (5) persons, as may be determined from time to time by resolution of the the Board of Directors, all of whom shall be appointed and subject to removal by the Declarant until until such time as his authority to so appoint and remove members of the Board of Directors shall
expire in accordance with the terms of the Declaration. Upon the expiration of the period of the Declarant's right to control the Association, the Declarant or any member of the Association shall shall call a special meeting of the members for the purpose of electing a new Board of Directors which shall be elected by the members. All directors shall be unit owners (which shall include, without limitation, any shareholder, director, officer, partner, trustee of any entity which either alone alone or with others, is a unit owner) or spouses of such owners or designees of the Declarant during during the period in which the Declarant retains the right to control the Association. Any individual individual who would not be eligible to serve as a director were he not a shareholder, director, officer, partner, trustee as aforesaid shall be disqualified from continuing in office if he ceases to maintain such affiliation.
Section 2. Powers and Duties. The Board of Directors shall have the powers and duties necessary for the administration of the affairs of the Association and may do all such acts and things except as by law or by the Declaration or by these Bylaws may not be delegated to the Board of Directors by the unit owners. Such powers and duties of the Board of Directors shall include but shall not be limited to the following:
(a) Operation, care, upkeep and maintenance of the common elements. (b) Determination of the common expenses required for the affairs of the Association, including, without limitation, the operation and maintenance of the Property. Collection of the common charges and expenses from the unit owners. (d) Employment and dismissal of the personnel necessary for the maintenance and operation of the common elements.
Adoption and amendment of rules and regulations covering the details of the operation and use of the Property.
Opening of bank accounts on behalf of the Association and designating the signatories required therefor.
(g) Imposing charges and establishing regulations for the use of common elements such as parking areas, storage units and laundry facilities.
(h) Obtaining of insurance for the Property, including the units, pursuant to the provisions of the Act, the Declaration and of Article VI hereof.
Making of repairs, additions and alterations of the Property and making of repairs to and restoration of the Property in accordance with the other provisions of these bylaws after damage or destruction by fire or other casualty or as a' result of condemnation or eminent domain proceedings.
() Borrowing money on behalf of the Association when required in connection with the
however, that (i) the borrowing of any sum in excess of $10,000.00 shall be approved the operation, care, upkeep and maintenance of the common elements, provided, approved by an affirmative vote of the members holding not less than 75% of the outstanding votes of the Association at a meeting duly called and held, and (ii) no lien to secure repayment of any sum borrowed may be created on any unit or its appurtenant interest in the common elements without the consent of the unit's owner. owner.
Hiring a property management company to oversee and carry out the duties of the Association under the guidance and direction of the Board of Directors and in compliance with all policies established by the Board.
shall continue to own units representing undivided ownership in the common clements of 10% or Notwithstanding anything to the contrary contained in these Bylaws, so long as the Declarant more, the Board of Directors may not, without the Declarant's prior written consent, (i) make any addition, alteration or improvement to the common elements or to any unit, (ii) assess any common charges for the creation of, addition to or replacement of all or part of a reserve, contingency or surplus fund, (iii) enter into any service or maintenance contract for work not covered by contracts in existence on the date the Declaration is recorded, or (iv) borrow money on behalf of the Association. Section 4. Election and Term of Office. Except in the case of directors appointed by the Declarant under the provisions of this Article II, directors shall be elected at the annual meeting of members for a term of one year and shall hold office until their respective successors shall have been elected by the members. Directors appointed by the Declarant shall serve at the pleasure of the Declarant and may be removed and replaced by the Declarant at any time and from time to time. Section 5. Removal of Directors by Members; Resignations. Except for directors appointed by the Declarant, at any regular or special meeting of members of the Association, any one or more of the members of the Board of Directors may be removed with or without cause upon a majority vote of all votes to which members are entitled and a successor may then or thereafter be elected to fill the vacancy this created. Any member of the Board of Directors whose removal has been proposed by the unit owners shall be given an opportunity to be heard at the meeting. Any director may resign at any time. Any director shall be deemed to have resigned upon any disposition of his or her spouse's unit or cessation of the relationships described in Section 1 of this Article II. Section 6. Vacancies. Vacancies in the Board of Directors caused by any reason, other vote of a majority of the remaining directors at a special meeting of the Board of Directors held for than the removal of a member thereof by a vote of the members or by the Declarant, shall be filled by that purpose promptly after the occurrence of any such vacancy, even though the members present at such meeting may be a member of the Board of Directors for the remainder of the term of the predecessor member and until a successor shall be elected at the next annual meeting of the members of the Association.
Section 7. Organization Meeting. The first meeting of the Board of Directors following the annual meeting of the members shall be held within ten (10) days thereafter, at such time and place as shall be fixed by a majority of the directors and no notice shall be necessary to the newly elected directors in order legally to constitute such meeting, providing a majority of the whole Board of Directors shall be present thereat.
Section 8. Regular Meetings. Regular meetings of the Board of Directors may be held at such time and place as shall be determined from time to time by a majority of the members of the Board of Directors. Notice of regular meetings of the Board of Directors shall be given to each director, by regular mail, e-mail, or facsimile transmission, at least three (3) business days prior to the day named for such meeting.
Section 9. Special Meetings. Special meetings of the Board of Directors may be called by the President on twenty-four hours notice to each director, given by mail, telephone, facsimile, or e-mail, which notice shall state the time, place and purpose of the meeting. Special meetings of the Board of Directors shall be called by the President or Secretary in like manner and on like notice on the written request of any director.
Section 10. Waiver of Notice. Any director may at any time waive notice of any meeting of the Board of Directors in writing, and such waiver shall be deemed equivalent to the giving of such notice. Attendance by a director at any meeting of the Board shall constitute a waiver of notice by him of the time and place thereof. If all the members of the Board of Directors are present at any meeting of the Board, no notice shall be required and any business may be transacted at such meeting.
Section 11. Quorum of Board of Directors. At all meetings of the Board of Directors, a majority of the members thereof shall constitute a quorum for the transaction of business, and the votes of the majority of the directors present at a meeting at which a quorum is present shall constitute the decision of the Board of Directors. If at any meeting of the Board there shall be less than a quorum present, a majority of those present may adjourn the meeting from time to time. At any such adjourned meeting at which a quorum is present, any business which might have been transacted at the meeting originally called, may be transacted without further notice.
Section 12. Compensation. No member of the Board of Directors shall receive any compensation from the Association for acting as such.
ARTICLE III
Members of the Association
Section 1. Members. Each owner of a Unit in the Condominium shall automatically be a member of the Association, which membership shall continue during the period of ownership by such unit owner.
Section 2. Annual Meetings. Within thirty (30) days after the transfer of title to at least
I least ten (10) units, but Nnot later than five yearsone year from the date hereof, the Declarant shall shall call the first meeting of the members. Thereafter, annual meetings of the members shall be held held on the 1 day of December of each succeeding year, unless such date shall occur on a Saturday, Saturday, Sunday or legal holiday, in which event the meeting shall be held on the next succeeding succeeding Monday or business day, whichever shall first occur. Except during the period when the the Declarant retains the right to appoint and remove directors, at such meetings the Board of Directors shall be elected by the members. The members may transact such other business at such such meetings as may properly come before them. Directors elected at an annual meeting shall take take office on the first day of January in the year succeeding their election, unless the members designate an earlier date by majority of those voting.
Section 3. Place of Meetings. Meetings of the members shall be held at such suitable place convenient to the unit owners as may be designated by the Board of Directors.
Section 4. Special Meetings. It shall be the duty of the President to call a special meeting of the members if so directed by (i) resolution of the Board of Directors, (ii) within thirty (30) days following the expiration of the Declarant's right to control the Association, or (iii) upon a petition signed and presented to the Secretary by unit owners entitled to at least 215% of the total votes of all members. The notice of any special meeting shall state the time and place of such meeting and the purposes thereof.
Section 5. Notice of Meeting. It shall be the duty of the Secretary to mail a notice to cach member of record of each annual or regularly scheduled meeting of the members at least twenty-one (21) days in advance of such meeting and in the case of special meetings notice shall be given at least seven (7) days in advance of such meetings. Each notice of meeting shall state the purpose thereof as well as the time and place where it is to be held. If the purpose of any meeting shall be to act upon a proposed amendment to the Declaration or to these Bylaws, the notice of meeting shall be mailed at least thirty (30) days prior to such meeting. All notice of meetings shall be delivered personally or sent by United States mail, postage prepaid or by statutory overnight delivery, to all unit owners of record at such address or addresses as any of them may have designated to the Secretary, or, if no other address has been so designated, at the address of their respective units.
Section 6. Adjournment of Meeting. If any meeting of members cannot be held because a quorum has not attended, a majority in voting interest of the members who are present at such meeting, either in person or by proxy, may adjourn the meeting to a time not less than forty-cight (48) hours from the time the original meeting was called.
Section 7. Title to Units. Title to units may be taken in the name of an individual or in the names of two or more persons, as tenants in common, or in the name of a corporation or partnership, or in the name of a fiduciary.
Section 8. Voting. The owner or owners of each unit, or some person designated by such owner or owners to act as proxy on his or their behalf and who need not be an owner, shall be entitled to cast the votes appurtenant to such unit at all meetings of members.
person or by proxy of members having a majority of the total authorized votes of all unit owners Section 9. Quorum. Except as otherwise provided in these Bylaws, the presence in shall constitute a quorum at all meetings of the members.
serve as chairman of every meeting of members unless some other person is elected to serve as Section 10. Presiding Officer. The President, or in his absence the Vice-President, shall appoint such other persons as he deems required to assist with the conduct of the meeting. chairman by a majority of the votes represented at any such meeting. The presiding officer shall
ARTICLE TV Officers
Section 1. Designation. The principal officers of the Association shall be the President, one or more Vice-Presidents, the Secretary, and the Treasurer, all of whom shall be elected by the Board of Directors.
Section 2. Election of Officers. The officers of the Association shall be elected annually by the Board of Directors at the organization meeting of each new Board of Directors and shall hold office at the pleasure of the Board of Directors.
Section 3. Removal of Officers. Upon the affirmative vote of a majority of the members successor may be elected at any regular meeting of the Board of Directors, or at any special meeting of the Board of Directors, any officer may be removed, either with or without cause, and his of the Board of Directors called for such purpose.
Section 4. President. The President shall be the chief executive officer of the have all of the general powers and duties incident to the office of president of a corporation Association. He shall preside at all meetings of the unit owners and the Board of Directors. He shall organized under the Georgia Nonprofit Corporation Code.
perform his duties whenever the President shall be absent or unable to act. If neither the President Section 5. Vice-President. The Vice-President shall take the place of the President and nor the Vice-President is able to act, the Board of Directors shall appoint some other member of the Board of Directors to act in the place of the President on an interim basis. The Vice-President shall also perform such other interim duties as shall from time to time be delegated to him by the Board of Directors or by the President.
owners and of the Board of Directors; shall have charge of such books and papers as the Board of Section 6. Secretary. The Secretary shall keep the minutes of all meetings of the unit Directors may direct; and shall, in general, perform all the duties incident to the office of the secretary of a corporation organized under the Georgia Nonprofit Corporation Code. Section 7. Treasurer. The Treasurer shall have the responsibility for Association funds funds and securities and shall be responsible for keeping full and accurate financial records and
financial data. He shall be responsible for the deposit of all monies and other valuable effects in the books of account showing all receipts and disbursements, and for the preparation of all required the name of the Board of Directors, or the managing agent, in such depositories as may from time to to time be designated by the Board of Directors, and he shall, in general, perform all the duties incident to the office of treasurer of a corporation organized under the Georgia Nonprofit Corporation Code. The Treasurer shall prepare a financial report for each regular meeting of the Board of Directors and for the annual meeting of members.
ARTICLE V
Operation of the Property
Section 1. Determination of Common Expenses and Assessments Against Unit Owners. (a) Fiscal Year. The fiscal year of the Association shall be the calendar year unless otherwise determined by the Board of Directors.
(b) Preparation and Approval of Budget.
(i) Prior to the commencement of each fiscal year (except of the initial fiscal year), the Board of Directors shall adopt a budget for the Association cost of maintenance, management, operation, repair and replacement of the containing an estimate of the total amount considered necessary to pay the responsibility of the Board of Directors to maintain, repair and replace, and Common Elements and those parts of the units as to which it is the the cost of wages, materials, insurance premiums, services, supplies and Common Expenses by the Act, the Declaration, these Bylaws or a resolution of the members of the Association and which will be required during the ensuing fiscal year for the administration, operation, maintenance and repair of the Property and the rendering to the unit owners of all related services. In the initial fiscal year, the Board of Directors shall adopt a budget and impose assessments at such time on such basis as the Board shall determine in its sole discretion.
(ii) Such budget shall also include such reasonable amounts as the Board of Directors considers necessary to provide working capital, a general operating reserve and reserves for contingencies and replacements. The Board of Directors shall send to each unit owners a copy of the budget in a reasonably itemized form which sets forth the amount of the Common Expenses and any budgeted special assessment payable by each unit owner. Such budget shall constitute the basis for determining each unit owner's assessment for the Common Expenses of the Association for such fiscal year.
(c) Assessment and Payment of Common Expenses.
(1) Property set forth in the budget adopted by the Board of Directors (other than The total amount of the estimated funds required for the operation of the amounts of budgeted special assessments) shall be assessed against each unit owner in proportion to his allocable share of liabilities for Common Expenses as provided in the Declaration, and together with the amount of any budgeted owner's unit. On or before the first day of each fiscal year (except for the including budgeted special assessments. Within sixty (60) days after the end by the Board of Directors), one-twelfth of the total of such assessment, itemized accounting of the Common Expenses for such fiscal year actually of each fiscal year, the Board of Directors shall supply to all unit owners an incurred and paid, together with a tabulation of the amounts collected pursuant to the budget adopted by the Board of Directors for such fiscal year, reserves. Any amount accumulated in excess of the amount required for and showing the net amount over or short of the actual expenditures plus actual expenses and reserves shall, if the Board of Directors deems it advisable, be either distributed to the unit owners according to each unit each owner's share of liability for Common Expenses to the next monthly owner's share of liability for Common Expenses or credited according to installments due from unit owners under the current fiscal year's budget, until exhausted. Any net shortage shall be assessed promptly against the unit owners in accordance with their share of liability for Common Expenses and shall be payable in full with payment of the next monthly assessment due. Notwithstanding anything herein to the contrary, any surplus or deficit with respect to a special assessment shall be distributed, credited or assessed to or against the unit owner against whom the special assessment was made.
(ii) In the event the Association incurs expenses not included in the budget which may be specially assessed under the Declaration, the Board of Directors may specially assess and collect such expenses at any time during the fiscal year. If possible, the Board of Directors will cause such unbudgeted special assessments to be paid in equal installments over a period of not less than twelve (12) months, but nothing herein shall prevent the Board from requiring payment in a lump sum if the interests of the Association so require. (d) reserves for working capital, operations, contingencies and replacements. Reserves. The Board of Directors shall build up and maintain reasonable reserves for
Extraordinary expenditures not originally included in the annual budget which may may become necessary during the year shall be charged first against such reserves,
unless the same are inadequate for any reason, including non-payment of any unit
Directors shall serve notice of any such further assessment on all unit owners by a statement in writing giving such reasons therefor, and such further assessment shall, shall, unless otherwise specified in the notice, become effective with the next monthly payment which is due more than ten (10) days after the delivery of such notice of further assessment. All unit owners shall be obligated to pay the adjusted adjusted monthly amount, or, if such further assessment is not payable in installments, the amount of such assessment. Such assessment shall be a lien as of of the effective date as set forth in the preceding paragraph (c). Initial Assessment.
(1) office, it shall determine the budget, as defined in this Section, for the period After the Board of Directors named in the Articles of Incorporation takes commencing as of the date the Condominium was created by filing of the Declaration and ending on the last day of the fiscal year in which such election occurs. Assessments shall be levied at the direction of the Board and shall become a lien against the unit owners during such periods as provided in paragraph (c) of this Section.
(i1) initial purchaser at the time of settlement on his unit as "initial assessment." The Declarant, as the agent of the Board of Directors, may collect from each The Declarant will deliver the funds so collected to the Board of Directors to provide an initial general operating fund for the Association. Such initial assessment shall not constitute any portion of the annual assessment of unit owners for the initial fiscal year or for any other fiscal year which shall be assigned and collected as provided herein and paragraph (c) of this Section. Effect of Failure To Prepare or Adopt Budget. The failure or delay of the Board of Directors to prepare or adopt a budget for any fiscal year shall not constitute a waiver or release in any manner of a unit owner's obligation to pay his allocable share of the Common Expenses as herein provided whenever the same shall be determined and, in the absence of any annual budget or adjusted budget, each unit owner shall continue to pay each monthly installment at the monthly rate established for the previous fiscal year until notice of the monthly payment which is due more than ten (10) days after such new annual or adjusted budget shall have been delivered. against the unit owners or from any other source nay be commingled into a single Accounts. All sums collected by the Board of Directors with respect to assessments fund.
Section 2. Payment of Common Expenses. Each unit owner shall pay the Common Expenses assessed by the Board of Directors pursuant to the provisions of Section 1 of this Article V. No unit owner may exempt himself from liability for his contribution toward Common Expenses by waiver of the use or enjoyment of any of the Common Elements or by abandonment of his unit. paid in full and discharged. The purchaser of a unit shall be jointly and severally liable with the Prior to or at the time of any conveyance of a unit, all liens, unpaid charges and assessments shall be selling unit owner for all unpaid assessments against the latter for his proportionate share of the recover from the selling unit owner amounts paid by the purchaser therefor; provided, however, that Common Expenses up to the time of such recordation, without prejudice to the purchaser's right to any such purchaser shall be entitled to a statement setting forth the amount of the unpaid assessments against the selling unit owner within five (5) days following a written request therefor to the Board of Directors or Managing Agent and such purchaser shall not be liable for, nor shall the unit conveyed be subject to lien for, any unpaid assessments in excess of the amount therein set forth; and provided further, that cach mortgagee who comes into possession of a unit by virtue of foreclosure or by deed any claims for unpaid assessments or charges against such unit which accrue prior to the time such or assignment in lieu of foreclosure, or any purchaser at a foreclosure sale, shall take the unit free of mortgagee comes into possession thereof.
Section 3. Collection of Assessments. The Board of Directors or the Managing Agent, at the request of the Board of Directors, shall take prompt action to collect any assessments for Common Expenses due from any unit owner which remains unpaid for more than thirty (30) days (10) days after the due date shall (a) subject the delinquent unit owner to the imposition of a late from the due date for payment thereof. Any assessment, or installment thereof, not paid within ten charge in an amount not in excess of the greater of Ten Dollars ($10.00) or ten percent (10%) or each assessment or installment thereof not paid when due, as determined from time to time by the Association, (b) with any late charge relating thereto, bearing interest from the date the same was collect from the delinquent unit owner all costs of collection including court costs, expenses of sale, first due and payable at the maximum rate of interest allowed by law, (c) entitle the Association to expenses required for the protection and preservation of the delinquent owner's unit and reasonable attorney's fees actually incurred, and (d) entitle the Association to collect from the delinquent unit owner the fair rental value of such unit owner's unit from time of the institution of such suit until the sale of the unit at foreclosure or until the judgment rendered in such suit is otherwise satisfied.
Section 4. Statement of Common Expenses. The Board of Directors shall promptly provide any unit owner, contract purchaser or mortgagee so requesting the same in writing with a written statement of all unpaid assessments for Common Expenses due from such unit owner.
Section 5. Maintenance, Repair, Replacement and Other Common Expenses. (a) maintenance in good working order and condition, repair and replacement of all of By the Board of Directors. The Board of Directors shall be responsible for the the Common Elements as defined herein or in the Declaration, whether located inside
inside or outside of the units, the cost of which shall be charged to unit owners as a a Common Expense in accordance with the provisions of this Article V, provided, however, that each unit owner shall perform normal maintenance on any portion of of the remaining Common Elements which the Board of Directors pursuant to the limitation, the items enumerated in subsection (b) hereof. Notwithstanding anything Rules and Regulations as given him permission to utilize, including without anything herein to the contrary, the Association, with the approval of unit owners having seventy-five percent (75%) or more of the voting power of the Association, Association, may alter or modify the form of use of any portion of the Common Elements or elect not to repair or replace the same.
(b) By the Unit Owner:
appurtenances (including Limited Common Elements) in good order, Each unit owner shall keep his unit and its equipment, appliances and redecorating, painting and varnishing which may at any time be necessary to condition and repair and in a clean and sanitary condition, and shall do all maintain the good appearance and condition of his unit. In addition, each unit owner shall be responsible for all damage to any other units or to the required by this Section. Each unit owner shall perform his responsibility in Common Elements resulting from his failure to make any of the repairs such manner as shall not unreasonably disturb or interfere with the other unit owners. Each unit owner shall promptly report to the Board of Directors or the Managing Agent any defect or need for repairs for which the Board of Directors is responsible. This paragraph shall not be deemed to permit or allow any unit owner to change the exterior colors of his unit without the express written permission of the Board of Directors.
Section 6. Additions, Alterations or Improvements by Board of Directors. Whenever in improvements costing in excess of Ten Thousand Dollars ($10,000.00) during any period of twelve the judgment of the Board of Directors the Common Elements shall require additions, alterations or (12) consecutive months, and the making of such additions, alterations or improvements shall have been approved by a majority of the voting interests of the members of the Association, the Board of Directors shall proceed with such additions, alterations or improvements and shall assess all unit owners for the cost thereof as a Common Expense. Any additions, alterations or improvements costing Ten Thousand Dollars ($10,000.00) or less during any period of twelve (12) consecutive months may be made by the Board of Directors without approval of the unit owners and the cost thereof shall constitute a Common Expense.
Section 7. Additions, Alterations or Improvements by Unit Owners. No unit owner shall shall make any structural addition, alteration or improvement in and to his unit without the prior written consent of the Board of Directors or the committee thereof in charge of architectural control. control. No unit owner shall paint or alter the exterior of his unit, including the doors and windows, windows, nor shall any unit owner paint or alter the exterior of any building, without the prior written consent of the Board of Directors. The Board of Directors shall be obligated to answer any
improvement (by painting or otherwise) in such unit owner's unit within forty-five (45) days after any written request by a unit owner for approval of a proposed structural addition, alteration or after such request, and failure to do so within the stipulated time shall constitute a consent by the application to any governmental authority for a permit to make any such structural addition, Board of Directors to the proposed structural addition, alteration or improvement. Ifany application alteration or improvement in or to any unit requires execution by the Association, and provided consent has been given by the Board of Directors, then the application shall be executed on behalf of behalf of the Association by the Board of Directors only, however, without incurring any liability on materialman on account of such addition, alteration or improvement, or to any person having claim on the part of the Board of Directors or any director to any contractor, subcontractor, or materialman the Declaration and the approval of any mortgagee of such affected units, the Board of Directors and claim for injury to person or damage to property arising therefrom. Subject to the provisions of the and unit owner affected, any unit may be altered so as to relocate the boundaries between each such such unit and any adjoining units. The Secretary shall record any necessary amendment to the Declaration to effect such action. The provisions of this Section 7 shall not apply to units owned by provided, however, that Declarant's construction or alterations shall be architecturally compatible owned by the Declarant until deeds of conveyance of such units shall have been recorded; provided, with the existing units. The Declarant shall have the right to make such alterations without the consent of the Board of Directors and the Board of Directors shall execute any such application required.
Section 8. Use of Units and Common Elements.
(a) Each unit and the Common Elements shall be occupied and used as follows:
(i) Units shall not be used for any purposes except as a business or professional office or professional research center and related purposes for which the
Property was designed and all usage shall at all times conform to the provisions of the Declaration, Bylaws, and Use Restrictions for the Condominium and such reasonable rules, regulations and restrictions as may be established by the Directors of the Association.
(ii) Nothing shall be done or kept in any unit or in the Common Elements which the prior written consent of the Board of Directors. No unit owner shall will increase the rate of insurance for the Property or any part thereof without permit anything to be done or kept in his unit or in the Common Elements which will result in the cancellation of insurance on the Property or any part thereof or which would be in violation of any law, regulation, or administrative ruling. No waste will be committed in the Common Elements. (iii) No immoral, improper, offensive or unlawful use shall be made of the regulations of all governmental agencies having jurisdiction thereof shall be Property or any part thereof, and all valid laws, zoning ordinances and be observed. All laws, orders, rules, regulations or requirements of any
governmental agency having jurisdiction thereof relating to any portion of the the Property shall be complied with, by and at the sole expense of the unit maintain or repair such portion of the Property. and, if the latter, then the cost owner or the Board of Directors, whichever shall have the obligation to cost of such compliance shall be a Common Expense.
(iv) Nothing shall be altered or constructed in or removed from the Common Elements except upon the prior written consent of the Board of Directors. (v) and facilities for which the same are reasonably suited and which are incident The Common Elements shall be used only for the furnishing of the services to the use and occupancy of the units.
(vi) No trailers, campers or boats may be parked on the Property, unless the Board of Directors shall designate an area within the parking areas exclusively for such purposes. No junk or derelict vehicle or other vehicle on which current registration plates are not displayed shall be kept upon any of the Common Elements.
(vii) Each unit owner shall pay for utilities consumed or used in his unit which are billed directly to such unit through separate meters. The cost of utilities serving the Common Elements and of utilities serving units through meter systems other than separate meters for each unit shall be Common Expenses. (viii) No unit owner shall place or cause or permit to be placed on or in the public halls, stairways, elevators or elevator shafts or other Common Elements
(other than in the areas designated as storage areas) any furniture, packages or objects of any kinds. The halls and stairways shall be used for no purpose other than for normal transit.
(b) Each unit and the Common Elements shall be occupied and used in compliance with the Rules and Regulations which may be promulgated and amended by the Board of by the Board of Directors to each unit owner. Amendments to the Rules and Directors from time to time. Copies of the Rules and Regulations shall be furnished Regulations shall be conspicuously posted prior to the time when the same shall become effective and copies thereof shall be furnished to each unit owner upon request.
Section 9. Right of Access. A unit owner shall grant a right of access to his unit to the the manager and/or managing agent or any other person authorized by the Board of Directors, for the the purpose of making inspections or for the purpose of correcting any condition originating in his installations, alterations or repairs to the mechanical or electrical services of other Common his unit and threatening another unit or the Common Elements, or for the purpose of performing Elements, or to correct any condition which violates the provisions of any mortgage covering another
another unit, provided that requests for entry are made in advance and that any such entry is at a time time reasonably convenient to the unit owner and further provided that such right shall be exercised exercised in such a manner as will not unreasonably interfere with the use of the units for residential residential purposes. In case of an emergency, such right of entry shall be immediate, whether the the unit owner is present at the time or not.
ARTICLE VI
Insurance and Casualty Losses
Section 1. Insurance. The Association shall obtain and maintain at all times such insurance as is required by the Declaration and the Act.
Section 2. Handling of Casualty Insurance Proceeds. All insurance policies purchased by and in the name of the Association shall provide that proceeds covering the property losses shall be paid to the Association. The Association shall receive such proceeds as are paid and delivered to it and hold the same in trust for the benefit of the unit owners and their mortgagees in accordance with the respective undivided interests of the unit owners in and to the Common Elements. Such proceeds or such portion thereof as may be required for such purpose, shall be disbursed by the Association in payment of repairs or reconstruction as hereinafter provided. Any reconstruction shall be disbursed to the beneficial unit owners, remittances to unit owners and their mortgagees being payable jointly to them. Notwithstanding the foregoing, in the event of a determination that the damage or destruction for which the proceeds are paid shall not be repaired or reconstructed, such proceeds shall be disbursed to such persons as hereinafter provided.
Section 3. Damage and Destruction.
Immediately after any damage or destruction by fire or other casualty to the property covered by insurance written in the name of the Association, the Association shall proceed with the filing and adjustment of all claims arising under such insurance and obtain reliable and detailed estimates of the cost of repair or reconstruction of the damaged or destroyed property. Repair or reconstruction, as used in this paragraph, means repairing or restoring the property to substantially the same condition in which it existed prior to the dire or other casualty with the unit and the Common Elements having the same vertical and horizontal boundaries as before.
(b) Immediately after substantial damage or destruction by fire or other casualty to any part of the property, the Association shall provide written notice of same to mortgagee having an interest therein whose name and address have theretofore been furnished to the Association together with a written request for such notice. Any damage or destruction shall be repaired or reconstructed unless the Condominium is terminated pursuant to the provisions of the Act,
(ii) the damaged or destroyed portion of the property is withdrawn from the
Condominium pursuant to the provisions of the Act, or
(i¡i) the unit owners of the damaged or destroyed units, if any, together with the unit owners of other units to which two-thirds of the votes in the Association appertain, exclusive of the votes appertaining to any damaged or destroyed units agree not to repair or reconstruct such damage or destruction. Any such determination shall be conclusively made with a reasonable period of time which shall in no event exceed ninety (90) days after the casualty.
Should a determination be made to terminate the Condominium, withdraw from the Condominium the damaged portion of the property or not to repair or reconstruct the damage or destruction as provided above, then such damaged or destroyed unit shall not be repaired or reconstructed and the entire undivided interest in the Common Elements appertaining to that unit shall thenceforth appertain to the remaining units, being allocated to them in proportion to their undivided interest in the Common Elements immediately prior to such allocation; and any remaining portion of such damaged or destroyed unit, including the land which was subjacent thereto (if originally included within the boundaries of the unit), shall thenceforth be a part of the Common Elements. Votes in the Association and liability for assessments shall thereupon appertain to the remaining units, being allocated to them in proportion to their relative voting strength in the Association and liability for assessments immediately prior to such allocation. If any damaged Common Elements shall not be repaired or restored, then the net insurance proceeds appertaining thereto shall be divided among the unit owners in accordance with their percent interests in the Common Elements. If any damaged unit shall not be repaired or restored, then after deducting therefrom a reasonable amount to be paid to the Association to cover the expenses of cleaning up and landscaping the area where the damaged unit was thereto located, the net insurance proceeds appertaining thereto shall be paid to the owner and such mortgagee jointly, who shall use such proceeds as they alone may determine.
Section 4. Repair and Reconstruction. If the damage or destruction for which the insurance proceeds are paid is to be repaired or reconstructed, then the net proceeds shall be disbursed to defray the cost of such repairs or reconstruction as herein provided. Any proceeds remaining after defraying such costs shall be distributed to the beneficial owners thereof, as determined in accordance with the provisions of Section 3(c) of this Article VI, remittance to unit owners and their mortgagees having mortgagee endorsements, being payable jointly to them, who shall use such proceeds as they alone may determine. If the damage or destruction for which the insurance proceeds are paid is to be repaired or reconstructed and such proceeds are not sufficient to
to defray the cost thereof, the Association shall levy a special assessment in sufficient amounts to provide funds to pay such excess cost of repair or reconstruction. Additional assessments may be be made in like manner at any time during or following the completion of any repair or reconstruction. Notwithstanding the completion herein to the contrary, the obligation of the Association to repair or restore any damaged or destroyed property shall be limited to repairing or or restoring the property to the same condition as existed on the date of conveyance by the Declarant Declarant to the unit owner.
ARTICLE VII
Mortgages
Section 1. Notice to Board of Directors. A unit owner who mortgages his unit shall notify the Board of Directors of the name and address of his mortgagee and shall file a conformed copy of the note and mortgage with the Board of Directors.
Section 2. Notice of Unpaid Common Charges or Other Default. The Board of Directors, whenever so requested in writing by a mortgagee of a unit, shall promptly report any then unpaid common charges due from, or any other default by, the owner of the mortgaged unit.
ARTICLE VIII
Records and Report
Books and Records. The Board of Directors or the managing agent shall keep detailed records of the action of the Board of Directors and the managing agent, minutes of the meetings of the Board of Directors, minutes of the meetings of the unit owners, and financial records and books of account of the Association, including a chronological listing of receipts and expenditures, as well as a separate account for the each unit which, among other things, shall contain the amount of each assessment of common charges against such unit, the date when due, the amounts paid therein, and the balance remaining unpaid.
Section 2. Annual Report. An annual report of the receipts and expenditures of the Association shall be rendered by the Board of Directors to all unit owners and to tall mortgagees of units who have requested the same, promptly after the end of each fiscal year. The cost of such report shall be paid by the Association and charged as a Common Expense.
ARTICLE IX
Miscellaneous
Section 1. Notices. All notices hereunder shall be sent to the Board of Directors c/o the the managing agent, or if there is no managing agent, to the office of the Board of Directors, or to such other address as the Board of Directors may hereinafter designate from time to time, by notice notice in writing to all unit owners. All notices to any unit owner shall be sent to the address of his his unit or to such other address as may have been designated by him from time to time, in writing, to writing, to the Secretary of the Association. All notices to mortgagees if units shall be sent to their their respective addresses, as designated from time to time, in writing, to the Board of Directors. All All notices shall be deemed to have been given when mailed, except notices of change of address
which shall be deemed to have been given when received.
Section 2. Invalidity. The invalidity of any part of these Bylaws shall not impair or affect in any manner the validity, enforceability or effect of the balance of these Bylaws.
Section 3. Captions. The captions herein are inserted only as a matter of convenience and for reference, and in no way define, limit or describe the scope of these Bylaws, or the intent of any provisions thereof.
Section 4. Gender. The use of masculine gender in these Bylaws shall be deemed to include the feminine gender and the use of the singular shall be deemed to include the plural, whenever the context so requires.
ARTICLE X
Amendments to Bylaws
Except as herein provided otherwise, these Bylaws may be modified or amended by the Board of Directors from time to time; provided, however, that no amendment shall be made without the consent of the Declarant so long as the Declarant is the owner of the units to which are allocated more than ten percent (10%) of the Common Elements. Notwithstanding anything to the contrary herein contained, no provision of these Bylaws relating to the use of the units may be amended without the consent of every unit owner affected by such amendment. All amendments adopted by the Board of Directors may be repealed, altered or modified by the members by the affirmative vote of 66-2/3% of the votes of all members at a meeting of members duly held for such purpose.
ARTICLE XI
Conflicts
These Bylaws are set forth to comply with the requirement of the Act and the Declaration. In case any of these Bylaws conflict with the provisions of the Act or of the Declaration, the provisions of the Act or of the Declaration, as the case may be, shall control.