Declaration
Deed Recorded 11/07/2007 02:20PM Doc CHDO Clerk Superior Court, Athens-Clake County, Ga. Beverly Logan B₺ 03419 P: 0102-0116
STATE OF GEORGIA COUNTY OF CLARKE
DECLARATION OF WOODLAKE MASTER ASSOCIATION ATHENS-CLARKE COUNTY, GEORGIA
THIS DECLARATION is made and entered into this the Lf day of Sund
200%, by and between WOOD LAKE CONDOMINIUM ASSOCIATION, INC. here, Ie. Wood Lake I"), WOOD LAKE - PHASE TWO CONDOMINIUM ASSOCIATION, INC. (hereinafter "Wood Lake II"), WOODLAKE DEVELOPMENT, L.L.C. ("Woodlake Development"), WESTOVER APARTMENTS, L.P. (herelnafter "Westover), MARATHON CONTRACTORS, LLC (hereafter "Marathon"), CONDOMINIUMS AT WOODLAKE, PHASE FIVE OWNERS ASSOCIATION, INC. (here/nafter Woodlake), THE FLATS OF WOODLAKE CONDOMINIUM ASSOCIATION, INC. (hereinafter *Flats"), and WOODLAKE PHASE VII CONDOMINIUM ASSOCIATION, INC. (hereinafterẠWoodlake Athens-Clarke County, Georgia known as Woodlake (hereinafter the Woodlake Project) WHEREAS, a residentlal community has been developed in various phases in containing single family and multifamily residences consisting of (i) Phase I being developed as Wood Lake Condominiums containing a total of nineteen (18) units and Inc., (li) Phase Il being developed ae Wood Lake Condominiums, Phase II containing a being represented herein by Its owners association Wood Lake Condominium Assoclation, total of twenty four (24) units and being represented herein by its owners assoclation Wood Lake - Phase Two Condominium Assoclallon, Inc., (li) Phase Ill being developed by hundred twenty six (126) units and having subsequently been conveyed to Westover H. Pace Burt, Inc. as The Paces at Woodlake Apartments containing a total of one 270-275-280-285 Mallard Pointe Way, Athens, Georgia containing a total of four (4) units Apartments, L.P.; and, (Iv) Phase IV. being developed by Marathon Contractors, LLC as (v) Phase V being developed by Woodlake Development containing a total of twenty (20) units and being represented herein by its owner assoclation, Condominiums at Woodlake, LLC containing 39 units and being represented herein by its owners assoclation, The Flats Phase Five Owners Assoclation, Inc., (vi) Phase VI being developed by Babb Enterprises, Woodlake Condominiums Phase Vil containing 18 units and being represented herein by of Woodlake Condominium Association, Inc.; and (vii) Phase Vil being developed as Its owners association, Woodlake Phase ViI Condominium Association, Inc.; and
common amenities and services in the Woodlake Project Including the private roadways; WHEREAS, all partles lo this Declaration and all Phases share the use of certain the entranceway improvements Including gates, lability Insurance and common utility service relating to the entranceway and privale roadways; the large lake and its surrounding grounds, liability Insurance on the lake, and common area taxes related to the
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ake, with these common amenitles and services presently being hereinafter referred to as "Basic Amenities" and
share the use of other certaln common amenities and services in the Woodlake Project WHEREAS, except for Phase til, all parties to this Declaration and all Phases Including the existing swimming pool and its surrounding grounds, lability insurance on the swimming pool and the trash dumpster area and related frash management with these common amenities and services presently being hereinafter referred to asẠỊRecreational AmenitiesỊiand
Assoclation to own, control and maintain the Basic Amenities and the Recreational WHEREAS, all partles to this Declaration are desirous of establishing a Master Amenitles within the Woodlake Project; and
containing the Basic Amenitles and the Recreational Amenitles to the Master Association WHEREAS, Woodlake Development is amenable to conveying the real property for such purposes under certain conditions.
representatives of owners of the Phases within the Woodlake Project, do hereby declare NOW, THEREFORE, the partles to this Declaration, being all the owners or construcled or to be constructed thereon shall be owned and controlled by the Master that the real property described in Exhibil "A" attached hereto, including the improvements Association as hereinafter set forth for the purposes of owning and maintaining the Amenities of the Woodlake Project.
ARTICLE 1
DEFINITIONS
"Articles of Incorporation shall mean the Articles of Incorporation of the Association, as the same may be herelnafter amended. Assoçlation shall mean and refer to the Woodlake Master Assoclation, Inc., a nonprofit Georgia corporation, Ils successors and assigns.
"Basic Amenities" means all real and personal property submitted to the Declaration which is owned or leased by the Assoclation for common usa and enjoyment of all phases within the Woodlake Project, Including but not limited to all private roadways within the Woodlake Projeck and entranceway and Improvements contained therein, and the larger lake and surrounding area with the Basic Amenities and the Recreational Amenities (as defined below) are collectively referred to as the "Amenities.
D. "Board of Directors ahall mean the Board of Directors of the Association, the members of which shall be appointed and elected from time to time as provided in this Declaration, the Articles of Incorporation and the By-Laws. The Board of Directors shall be the goveming body of the Association.
E. By-Laws" shall mean the By-Laws of the Assoclation, as the same may be hereinafter amended,
F. Common Expenses means all expenditures lawfully made or incurred by or on behalf of the Association together with all funds lawfully assessed for the crealion and maintenance of reserves pursuant to the provislons of the Declaration. "Declarant shall mean and refer lo (I) the undersigned parties executing this Declaration or (lI) any successor-in-title to any party to ali or some portion of the Woodlake Project.
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H. 'Director" shall mean a member of the Board of Directors of the Assoclation.
"Owner shall mean and refer to the record owner, whether one or more persons, of the fee simple title to any unit or Phase localed within the Woodlake Project, excluding, however, any person holding such interest merely as security for the performance or satisfaction of any obligation.
"Person means any natural person, as well as a corporation, joint venture, partnership (general or limited), assoclation, limited lability company, trust or other legal entity.
K. Phase shall mean each individual phase of the Woodlake Project as delineated above including Phase I, Phase II, Phase III, Phase IV, Phase V and Phase VI. L. "Recreational Amenities means all real and personal property submitted to the
Declaration which is owned or leased by the Association for common use and enjoyment of all phases except Phase III, including but not limited to the existing swimming pool and surrounding fenced area and the existing trash dumpster area across Woodlake Drive from the lake, sald trash dumpster area belng Identified as Tract 2 on the plat attached hereto as Exhibit A.
M. Woodlake Project shall mean all real property in the Woodlake development, developed and undeveloped, situated behind the existing entry gate and being further identifled In Exhibit A attached hereto and Incorporated herein.
ARTICLE I|
PROPERTY SUEJECT TO THIS DECLARATION,
The real property which is, by the recording of this Declaration, subject to the Declaration Includes the rights of way known as Woodlake Drive and Mallard Pointe containing 3.082 acres, Tract 11 containing 2.983 acres and Tract 2 containing 0.879 acres as shown on a plat entitled "Composite Plat for Woodlake Development LLC and Condominlum Association Landiại dated march 8, 2005, last revised June 15, 2005, by Ben McLeroy & Associates, Inc. Ben McLeroy, Registered Land Surveyor No. 1184, a copy of sald plat belng attached hereto as Exhibit. A, along with any other future common amenities constructed or developed by the Declarant and Intended to serve as a common amenity for the Woodlake Project.
ARTICLE !!!
POWERS OF THE ASSQCIATION 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 Georgia NonProfit Corporation Act, this Declaration, the Articles of Incorporation and the By-laws of tha Association.
ARTICLE IV
ASSOCIATION MEMPERSHIP AND VOTING RIGHTS Section 1. Membership. Every Phase (or its owner or an appointed representative) shall be a member of the Associallon. Membership shall be appurtenant to the ownership or control of a Phase within the Woodlake Project. Where a parcel of property within the Woodiake Project Is developed and submitted to the condominium for of ownership, the condominium assoclation for that particular Phase shall act as the representative of the owners of property within that Phase. Each Phase shall elect one
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Director to the Board of Directors of the Association as the duly authorized representative of that Phase on the Board,
Section 2. Voting. Notwithstanding the above, each Director shall be entilled to one (1) vote in the Association per residential unit contained within the Phase represented by such Director; provided however, the Director representing Phase Ill shall not vote on matters relating to the Recreational Amenitles. The Director from each Phase shall cast all votes for his/her Phase on all matters hereunder requiring a vote.
At the execution of this Declaration, the number of units and votes allocated to the Director representing each Phase are as follows:
Phase 1: 19 units 19 votes
Phase I: 24 units 24 votes
Phase III(Paces); 128 units 126 votes
Phase IV: 4 unlts 4 votes
Phase V: 20 unita 20 votes
Phase VI 39 units 39 votes
Phase VII: + 18 units. + 18 votes
250 units 250 votes
Should additional units be constructed that desire, or are required, to utilize the Basic Amenities or the Recreational Amenitles, the units and/or phases associated with the additional units shall be added to this Declaration and shall be accommodated in a like manner.
Section 3. Amplification, The provisions of this Article are to be amplified by the Articles of Incorporalion and By-Laws of the Association provided, however, that no such amplification shall substantially alter or amand any of the rights or obligations of the partles as set forth herein. In the event of any conflict or inconsistencies among this Declaration, the Articles of Incorporation or the By-Laws of the Association, this Declaration and the Articles of Incorporation (in that order) shall prevail,
ARTICLE V
ASSEBSM-UTE
It is the Intention of this Declaration to assess each Phase for amenities used or attributable to that Phase. Phase Ill Is not assessed for charges related to the Recreational Amenitles. Assesaments against all of the Phases hereto shail be made to ralse funds to pay the expenses of the Basic Amenitles and contribute a pro rate share of the maintenance of the Besic Amenitles; Assessments against all of the Phases except Phase Ill hereto shall be made to raise funds to pay the expenses of the Recreational Amen/ties, and contribute a pro rata share of the maintenance of the Recreational Amenities. Assessments shall be govemed by the following provisions:
(a) Lability. Each Phase shall be llable to the Association for all sums as are lawfully assessed by the Assoclation against it in accordance with the terms and provisions of this Declaration and the Articles of Incorporation and Bylaws. In addition to exercising the remedles provided for herein, the Assoclation may enforce such lability by an action at law to recover all amounts assessed against such party In accordance with the provisions of this Declaration.
(b) Obligation for Assessment. Each party hereto, and any successor in tille to any Phase, by acceptance of a deed or other conveyance thereof, whether or not it shall be expressed in any such deed or other conveyance, covenants and agrees to pay to the Association assessments which shall be fixed, established, and collected as herein
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determined by the number of residential units within each particular Phase of the (c) Rate of Assesament, All annual assessments shall a uniform rate Woodlake Project except:
(I) Phase Ill will not participate in the assessments for the Recreational Amenities;
of those entitled to occupy all of the Phases or by the licensees or invitees of any such (li) Any common expenses occasioned by the conduct of less than all Phase or Phases may be specially assessed agalnst the Phase or Phases, the conduct of any occupant, licensee or invitee of which occasloned any such common expenses; only be assessed for the measured use of the water attributable to the Phase with the * (li) Should any Phase have a separate water mater, that Phase will balance of the water charges belng distributed on a per unit basis among the other Phases not containing water meters.
defray the Common Expenses of the Baslo Amenitles and the Recreational Amenities as (d) Purpose. Assessments shall be levied against the Phases hereto to Recreational Amenities shall be all of the expenditures which are made or Incurred by or determined by the Board of Directors. The Common Expenses of the Basic Amenities and responsibilties, and shall Include but not be limited to the following: on behalf of the Assoclation in connection with the exercise of its powers and
(1) management fee, If any, and expenses of administration of the Association:
(Il) ad valorem taxes assessed against the Amenities; (III) common utility bills and charges for other common services; (lv) premiums for all Isurance policles maintained by the Association; restoration and replacement work which is the responsibility of the Assoclation hereunder; (v) the expenses of performing the maintenance, repair, renavation,
(vi) such other costs and expenses as may be determined from time to time by the Board of Directors to be Common Expenses; and
required to be maintained by the Association, and such other reserve funds as the Board (vil) the creation and maintenance of such reserve funds as are of Directors shall determine, including but not lImited to a reserve for repairs and maintenance,
commencement of each fiscal yeer of the Association, the Board of Directors shall adopt a (e) Budget, Payment Dates: No less than thirty (30) days prior to the budget for the succeading fiscal year, which budget (I) shall estimate the amount of Common Experises which are anticipated to be Incurred during such year, and (Il) shall those portions of the Basic Amenities and Recreational Amenities that must be replaced make provision for an adequate reserve fund for maintenance, repair and replacement of - shall furnish a copy of such budget to all Owners in the Woodlake Project, together with a on a perlodic basis, Prior to the commencement of such fiscal year, the Board of Directors wrillen stalement of the amount of such Common Expenses which shall be assessed against such Phase, Unless otherwise determined by the Board of Directors, such assessment shall be due on January 1 of each year. The Board of Directors shall be authorized to prorate the annual assessment into twelve monthly or four quarterly Installments, In addition, any fees, charges, and other amounts payable by any Phase shall be added to and shall, unless paid at the time the same are incurred or at some other
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time determined by the Board of Directors, be due and payable as part of the Installment of the assessment next coming due.
(f) Special Assessments, If for any reason, including nonpayment of any assessments, an annual budget adopted by the Board of Directors for any fiscal year proves Inadequate to defray the Common Expenses for such fiscal year, the Board of Directors may, at any time, levy a special assessment to raise the additional funds necessary to defray such Common Expenses, which speclal assessment shall be due and payable at such time and in such installments as the Board of Directors shall determine. Additionally, the Board of Directors shall be authorized to levy special assessments under the circumstances described in this Declaration.
Special Assessments for Cepital Improvemente. In addition to the assessments which shall be levied hereunder, the Board of Directors shall be authorized, to levy a special assessment up to a total maximum of $10,000.00 for the purpose of defraying, in whole or In part, the costs of any capital improvements to be made upon the Basic Amenities, Recreational Amenitles, or for the costs of making repairs or replacements which are not provided for in then current budget of the Associallon. Any such special assessments for the capital Improvements and repairs shall be payable at such time and in such installments as the Board of Directors shall determine. Any special assessment In excess of $10,000 shall require the affirmative vote of 75% of the total number of votes in the Association;
Collection• In addition to all other remedles provided by law, the Assoclation may enforce collection of the assessmenta for which a Phase is llable, together with all other amounts as may be owed by such Phase to the Association, as hereafter provided.
(I) In the event that any Phase shall fall to pay any Installment of any assessment levied agalnst It within ten (10) days after such installment shail be due and payable and within 5 days after written notice is malled to the Director from that Phase, the entire unpaid balance of such assessment for the remainder of the fiscal year may, at the option of the Board of Directors, be acceleraled and be declared immediately due and payable in full.
(il) In the event that any Phase shall fall to pay within five (5) days after • the same shall be due, any amounts due and payable to the Assoclatlon, such Phase shall be llable for the payment of, and shall pay, In addition to the amounts so due the Association:
(a). A late charge equal to the Ten ($10.00) Dollars or ten (10%) percent of the amount so due, whichever is the greater;
(b) Interest on the amount so due, and the aforesald late charge appertaining therelo; from the date same were dus and payable, at the rate of ten (10%) percent per annum, until paid; and
the cost of collection, including court costs and reasonable attorney's fees actually incurred.
(lI) The rights of all Owners within a Phase and all persons entitled to occupy the property of such Owners, to use the Amenitles shall be suspended for the period of lime any amount due and owing to the Assoclation in regard to any property within said Phase shall remain unpald; provided, however, that no such suspension shall deny any Owner, or the occupants of any property, access to the property owned or occupied, nor cause any hazardous or unsantary condition to exist.
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payment of a fee, not to exceed Ten ($10.00) Dollars as a prerequisite to its Issuance of (I) Eee for Statements of Amounts Due. The Association may require the any statement pursuant to the Act or this Declaration.
Article VI
INSURANCE
Insurance (other than title Insurance) which shall be obtained by the Association shall be governed by the following provisions:
(a) Types of Insurance, The Assoclation shall obtain and maintain the following insurance policies:
(1) A multi-peril casualty insurance policy covering the Recreational Amenitles, providing as a minimum, fire and extended coverage, vandalism and malicious mischlef, on a replacement coat basis in an amount not less than 100% of the full caaualty Insurance policy shall be stated as follows: "Woodlake Master Association, Inc. replacament cost of the Recreational Amenitles. The name of the insured under such for the use and benefft of the Individual Owners in the Woodlake Project, Clarke County, by reappraisal or reevaluation of the Insured property, not less frequently than once every GeorglaiẠi The amount of coverage of such casually Insurance policy shall be readjusted five years. Such casualty Insurance policy shall contain the standard mortgagee clause which shall be endorsed to provide that any proceeds shall be paid to the Association for the use and benefil of mortgagees as their Interest may appear.
(Il) A compreherisive policy of public liability insurance covering all of contain a severability of interest endorsement which shall preclude the Insurer from the Basic Amenities and Recreational Amenities. Such liability Insurarice policy shall denying the claim of a Owner because of the negligent acts of the Association or other 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 Owners and other persons entitled to occupy any portion of the Property, shall be for at Trijurles, including death, arising out of a single occurrence and $50,000.00 for property least $500,000.00 for Injury Including death to a single person, $1,000,000.00 for injury or damage, with a cross labilily endorsement to cover the Owners as a group and shall include protection for damage to the property of others.
(ili) Such other Insurance policies as the Board of Directors shall deem desirable for the benefit of the Association, Its Officers and Directors or the Owners or the
(b) Minimum Quallfications of Insurance Carriers. Each policy of insurance which the Assoclation is required to maintain under the provisions of this Declaration shall be writter by a hazard Insurance carrier which has a finanolal rating by Best's insurance Reports of Class A:VI or better and which is licensed to transact business within the State of Georgia,
which the Association is required to maintain under the provisions of this Declaration shall (c) Minimum Qualifications of Insurance Policies. All policies of insurance (a) not allow contributions or assessments to be made against any Owner, or the holder of any mortgage, (b) not allow loss payments to be contingent upon any action by the Insurance carrier's board of directors, policyholdere, or members, (c) not include any limiting clauses (other than insurance corditions) which could prevent any Owner or the holder of any mortgage upon any unit from collecting insurance proceeds, and (d) contain or have atlached a mortgage clause which provides that the insurance carrier shall notify In writing all holders of first llen mortgages on any of the units at least ten (10) days in advance of the effective date of any reduction in, cancellation, or nonrenewal of such policies.
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In no event shall any recovery or payment under the Insurance coverage obtained and maintained by the Association be affected or diminished by insurance purchased by individual. Owners or mortgagees, and no Owner shall be entitled to exercise his right to maintain any additional insurance coverage in such a way as to decrease the amount which the Assoclation may realize under any Insurance policy which it may have in force on the Property at any particular time.
(d) Proceeds on Account of Damage to Recreational Amenitles. Insurance proceeds which shall be pald on account of damages to or destruction of any portion of the Recreational Amenities 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 Recreational Amenities so damaged or destroyed, as provided in this Declaration. If It shall be determined in accordance with the provisions of this Declaration not to repair, reconstruct or rebuild the portion of the Recreational Amenitles so damaged or destroyed, then the insurance proceeds paid on account of the occurrence of such damage or destruction to such portion of Recreational Amenities shall first be used to clean up and landscape the Recreational Amentles as necessary in view of the fact that such part of the Recreational Amenitles is not to be repaired, reconstructed or rebuilt, and the remaining Insurance proceeds shall be disbursed to the Owners proportionately, such disbursement to be made payable jointly to the Owners and their mortgagees. Notwithstanding anything contained in this Declaration, the Articles of Incorporation, or the Bylaws which may be construed to the contrary, in no event shall any Insurance proceeds paid to the Association on account of the occurrence of any fire or other casually be deemed to be common profits.
Article VIl
DAMAGE TO OR DESTRUCTION OF AMENITIES
Repair, reconstruction or rebuilding of the Amenities following damage or destruction to all or any portion of the common elements shall be governed by the following provisions:
(a) Estimates of the Cost of Repair. As soon as practicable following the occurrence of any damage to, or destruction of any portion of the Amenitles, the Board of Directors shall obtain rellable and detailed estimates of the cost of repairing and restoring such portion of the Amenities so damaged or destroyed to substantially the same condition as such portion of the common elements were in prior to the occurrence of such damage and destruction and shall proceed with the filing and adjustment of all claims arising under Insurance maintained by the Association as a result of such damage or destruction.
(b) Determination to Repair, Reconstruct, or Rebulid Any damage to, or destruction of the Amenitles will be repared, reconstructed, or rebullt unless 75% of the voles In the Assoclation shall determine within 45 days after the occurrence of the casualty not to repair, recoratruct, or rebuild the same.
(c) Manner of Repair, Reconstruction, or Rebullding, All repairs, reconstruction, or rebullding to be made as a result of damage by fire or other casually shall be made in accordance with the following provisions:
(I) The damage shall be repared, reconstructed, or rebuilt substantially in accordance with the plans and specifications for such damaged property prior to the occurrence of such damage;
(Il) All of the work of repairing, reconstruction, or rebuilding any portion •of the Amenitles, the damage to or destruction of which cause the payments of insurance benefits under insurance policles maintained by the Assoclation, shall be performed under the supervision of the Board of Directors which, in discharging such supervisory
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responsiblilty, shall be authorized to employ such bullding supervisors and architects as the Board of Directors shall deem to be in the bes! interest of the Assoclation.
Cost of Repairs, Reconstruction, or Rebuilding. The cost of repairing, reconstructing, or rebullding any portion of the common elements which shall be damaged or destroyed shall be paid with any Insurance proceeds which shall be pald to the Assoclation on account on such damage or destruction. If such Insurance proceeds are not sufficient to defray such cost of repair, reconstruction, or rebullding, then the Board of Directors may levy a special assessment against all of the Phases to raise the excess funds necessary to defray such cost.
Article VIlI
General Provision:
Section 1. Easements for the Association. There is hereby created In favor of the Assoclation, its Board of Directors, its members, agents, employees and contractors, an easement to enter upon, enter in, or crose over the Phases and the property of Owners In each phase for the purpose of providing the maintenance required by the Associetion in this Deciaration.
Section 2. Enforcement, The Association shall have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants, reservations, easements, llene and charges now or hereafter imposed by the provisions of this Declaration. Fallure by any person to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter.
Section 3. Duretion, The Provisione of this Declaration shall run with and bind the land and shall be and remain in effect perpetually to the extent permitted by law. Provided, however, so long as Georgia law limits the period during which covenants restricting lande to certain uses may run, any provisions of this Declaration affected thereby shall run and bind the land so long as permitted by such law and such provisions may be renewed or extended In whole or in part beyond the initial perlod permitted by such law for successive perioda not to exceed the period permitted by such law provided such renewai or extension is approved by at least eighty Percent (80%) of the total votes of the Association.
Section 4. Amendment. This Declaration may be amended by written amendment executed by Declarant, or Its successors.
All amendments shall be adopted as follows:
(I) At least sixty-seven (87%) percent of the total votes of the Association shall be necessary to amend this Declaration.
(Il) The proposed amendment may be proposed by either the Owners or Declarant, The Declarant, or the Association, may call a meeting of the Owners to consider such an amendment and shall be required to call such a meeting upon a petition signed by at least twenty-five (25%) percent of the Owners. If a meeting of the Owners is called to consider such an amendment, the time within which and the manner by which notice of such meeting shall be given, the authorized use of proxies, and the quorum required for the transaotion of business at such meeting shall correspond to the requirements for meetings of the Association.
(lI) The consent of the Owners required to approve sald amendments shall be obtained by affirmative vote, written consent, or a combination thereof, A meeting of the
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Owners shall not be required in the event that the requisite approval of the Owners is obtained by written consent. The required consent of Declarent shall be In writing.
No amendment to the provisions of this Declaration shall alter, modify, change or rescind any right, title, Intereet or privilege herein granted or accorded to the holder of any mortgage unless such holder shall consent thereto in writing. The written consent thereto of any mortgage holder affected thereby shall be filled with such amendment, Every purchaser or grantee of any interest in any real property now or hereafter subject to this Declaration, by acceptance of a deed or other conveyance therefor, thereby agrees that this Declaration may be amended as provided in this Section. No amendment shall become effective until filled with the Clerk of the Superlor Court of Clarke County, Georgia,
Section 5. Interpretation, In all cases, the provisions set forth or provided for in this Declaration shall be construed together and given that interpretation or construction which will best effect the intent of the general plan of development. The provisions hereof shall be liberally interpreted and, if necessary, they shall be so extended or enlarged by Implication as to make them fully effective.
Section 6. Gender and Grammar, The singular whenever used herein shall be construed to mean the plural when applicable, and the use of the masculine pronoun shall Include the neuter and feminine.
Section 7. Severability, Whenever possible, each provision of this Declaration shall be Interpreted in such manner as to be effective and valld, but if the application of any provision of this Declaration to any person or to any property shall be prohibited or held invald, such prohibition or Invaldity shall not affect any other provision or the application of any provision which can be given affect without the Invalld provision or application, and to this end the provisions of this Declaration are declared to be severable.
Section 8. 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, extanding or otherwise modifying or adding to the
Section 9. Condition of Units, It is in the best interest of all Phases that the units within the Woodlake Project be maintained In good repair and clean condition fitting of a first class residential development in Athans-Clarke County, Georgia. Each phase Is expected to maintain the units within its phase in such a condition.
Section 10. Arbitration. Any Phase may require that any dispute as to the occurrence or existence of a dispute under thie Declaration be aubmitted to arbitration pursuant to this Section. To the extent the provisions of this Section vary from or are Inconsistent with the rules of the American Arbitration Aasoclation or any other arbitration tribunal, the provisions of this Section shall gover. All arbitrations shall occur at a location In the metropolitan Athens; Georgia area, chosen by the arbitrators and shall, except as expressly provided to the contrary in this Section, be conducted pursuant to the commercial arbitration rules of the American Arbitration Assoclation (or the successor organization, or if no such organization exists, then from persons of similar professional
The Phase desiring such arbitration shall give written notice to that effect to the other Phases, As soon as possible, but in any event within the next five (5) business days, each party shall each select one arbitrator, As soon as possible, but in any event, within the next five (5) business days, the two arbitrators so selected shall select a third arbitrator. No arbilrator shall be an employee, officer, director, shareholder or other affillate of either party. In the event of the fallure, refusal or inability of any arbitrator to act, a new arbitrator shall be appointed in his or her stead, which appointment shall be made In the same manner as hereinbefore provided. At the request of either party, the arbitrators shall
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authorize the service of subpoenas for the production of documents or attendance of witnesses.
Within thirty (30) business days after their appointment, the arbitrators so chosen shall hold a hearing at which each party may submit evidence, be heard and cross-examine witnesses, with each party having at least five (5) business days advance notice of the hearing. The hearing shall be conducted such that each party shall have reasonably adequate time to present oral evidence or argument, but either party may present whatever written evidence it deems appropriate prior to the hearing (with copies of any such written evidence being sent to the other party).
The decision of the arbitrators so chosen shall be given within a period of twenty (20) busineas days after the conclusion of such hearing, and shall be accompanled by conclusions of law and findings of fact. The declaion in which any two arbitrators so appointed and acting hereunder concur shall in all cases be binding and conclusive upon the partles and shall be the basis for a judgment entered In any court of competent jurisdiction.
The fees and expenses of the arbitration proceeding and the fees of the third arbitrator appointed under this Section shall be borne equally by both partles. Each party each shall pay the fees of the arbitrator each selected, and the fees and expenses of preparing and presenting its own case. The parties may at any time by mutual written agreement discontinue arbitration proceedings and themselves agree upon any such matter submitted to arbitration.
If the decision of the arbitrators under this Section shall be held by a court of competent Juriediction to be unenforceable for any reason (the parties hereby affirmatively stating it is their intent and agreement that the decision of the arbitrators will be legally enforceable as to them and that they will not dispute, contest or appeal such a decision or encourage or participate in the same), then the matters submitted to arbitration shall be subject to litigation in any federal or state court of competent jurisdiction, the parties each hereby expressly waiving its right to a trial by jury in any such court proceeding;
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[SIGNATURES ON FOLLOWING PAGES]
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Instrument under seal this day of - Sur the undersigned have executed this
— 200g;
WOOD LAKE CONDOMINIUM ASSOCIATION, INC. on any Certaten
(Corp Seal)
Signed, sealed and
eubered in the presence of:
La..
WHtness
Notary Publlo
LAUREL E, BRIDGES WOOD LAKE - PHASE TWO CONDOMINIUM Notary Pubilc, State of George ASSOCIATION, INC.
County of Madison Karen E tullin y Commission Pon numy 16, 201
Atfest: Datinia le Were
Signed, sealed and
delivered in the presence of:
Witnees PUSSE
Auran E, Robraits
Notary Public
Signed, sealed and
delivered in the presence of:
Kristake BARA J. MER Witness
Sales her e Notary Publi NOTARL
PUBLIC
BL 03419 Pg 0113
N WITNESS WHEREOF, the undersigned have executed thi strument under seal this 24L day of Jun
WOOD LAKE CONDOMINIUM ASSOCIATION, INC.
Attest: _
(Corp Seal)
Signed, sealed and
se berg in the presence of:
Witness
Notary Public
**** WOOD LAKE - PHASE TWO CONDOMINIUM LAUREL E, BRIDGES ASSOCIATION, INC.
Notary Pubilo, State of Deorgie
County of Madison or. aren 2 Hellin
Attest: Deline A Wee
Signed, sealed and
delivered in the presence of:
Lathaya Yr Cornack
Witness
Susan E, Bolverts
Notary Public GNS-C
WOOD LAKE DEVELOPMENT, LLC
Tile:
Signed, sealed and
delivered in the presence of:
Witness ABARA J
Balan luffe NOTARL Notary Publ
PUBLIC
SARKE COUNTA
BL 03419 PE 0114
Name:
Title:
Signed, sealed and
delivered in the presence of:
Kus Drake NOTARY
Witness PUBLIC
Sauter Mertzlufft THAN 17, 2010
OWNERS ASSOCIATION, NO.
Seen Kkut Attest: _
(Corp Seal)
delivered in the present. MC/CAL Signed, sealed and
Amy dutie:
Witao se
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Notary Public
Attest: Defakuraban
(Corp. Seal)
Signed, sealed and
delivered in the presence of: LOVERN
Witness
STARL
PUB
SECO
BL 03419 Pg 0115 WESTOVER APARTMENTS, L.P.
Title:
Signed, sealed and
delvered in the j
Nu cole Geiofeld
Orgelking
NOTASK WOODLAKE PHASE VII CONDOMINIUM
.o1s
IŞPUnLIC
SarY enc Attest: _
(Corp Seal)
Signed, sealed and
ed in the presence of:
al aegod
Natary Public
Mert Heather Atjood
Nolary Pubttc
Athens-Clarke County Georgia
B: 03419 PE 0116
H. PACE BURT. JA. _ (Seal) Signed, sealed and
delivered in the presence or:
Lilole Feisted
Witness
NOTE likes
H. PACE BURT, INC
Affest:
(Corp Seal)
Signed, sealed and
delivered in the presence of:
cal distied
Witnosa
(230mdladbottes
Control No. 07086982 STATE OF GEORGIA
Secretary of State
Corporations Division
315 West Tower
#2 Martin Luther King, Jr. Dr.
Atlanta, Georgia 30334-1530
CERTIFICATE
OF
INCORPORATION
I, Karen CHandel, the Secretary of State and the Corporations Commissioner of the State of Georgia, hereby certify under the seal of my office that
WOODLAKE MASTER ASSOCIATION, INC.
a Domestie Non-Profit Corporation ... has been duly incorporated under the laws of the State of Georgia on 09/18/2007 by the
filing of articles of incorporation in the Office of the Secretary of State and by the
paying of fees as provided by Title 14 of the Official Code of Georgia Annotated.
the State of Georgia on September 18, 2007 WITNESS my hand and official seal in the City of Atlanta and
Haun CHandel
Karen C Handel
Secretary of State
OFFICE OF SECRETARY OF STATE
CORPORATIONS DIVISION
315 West Tower, #2 Martin Luther King, Jr. Drive Atlanta, Georgia 30334-1530
Registered agent, officer, entity status Information via the Internet (404) 856-2817
KAREN HANDEL http://www.georgiacorporations.org
Secretary of State
TRANSMITTAL INFORMATION
GEORGIA PROFIT OR NONPROFIT CORPORATIONS
IMPORTANT
Remember to include your e-mail address when completing this transmittal form. Providing your e-mail address allows us to notify you via e-mail when we receive your filing and when we take action on your filing. Please enter your e-mail address on the line below. Thank you.
E-Mail: tb@bbgbalaw.com
NOTICE TO APPLICANT: PRINT PLAINLY OR TYPE REMAINDER OF THIS FORM
Corporate Name Reservation Number (if one has been obtained; if articles are being filed without prior reservation, leave this line blank) Woodlake Master Association, Inc.
Corporate Name (List exactly as it appears in articles)
2. Alvin L. Bridges, III
Name of person filing articies (certificate will be malled to this person, at addres below) Telephone Number p.o. box 832
Address
Athens, Georgia 30603
City State Zip Code 3.
Mail or deliver the following items to the Secretary of State, at the above address:
This Iransmittal form
3) Original and one copy of the Articles of Incorporation Filing fee of $100.00 payable to Secretary of State. Filing fees are NON-refundable.
1 certify that a Notice of Incorporation or Notice of Intent to Incorporate with a publication fee of $40.00 has been or will be mailed or delivered to the official organ of the county where the initial registered office of the corporation is to be located. (List of legal organs is posted at web site; or, the Clerk of Superior Court can advise you of the official organ in a particular county.)
Authorized signature of person filing documents Date
Request certificates and obtain entity Information via the Internet: http://www.georglacorporations.org
Date Filed: 09/18/2007 12:30 PM Control No: 07086982 •Secretary of State Karen C Handel
STATE OF GEORGIA
ARTICLES OF INCORPORATION
OF
WOODLAKE MASTER ASSOCIATION, INC.
1.
The name of the corporation is "WOODLAKE MASTER ASSOCIATION, INC." and is hereinafter referred to as the "Association".
2.
The Association is organized and is incorporated pursuant to the provisions of the Georgia Non-Profit Corporation Code.
3.
The Association shall have perpetual duration.
The Association shall have members.
5.
The Association is not organized for and shall not be operated for, pecuniary gain or profit, and no part of the net earnings of the Association shall inure to the benefit of any unit owner, member, director, officer, or private individual (except that reasonable compensation may be paid for services rendered to or for the Association affecting one or more of the Assoclation's purposes). The Association shall never engage in propaganda, shall never attempt to influence legislation, and shall never participate in any political campaign on behalf of any candidate for public office, nor shall any part of any property
owned by the Association or any part of the income therefrom be devoted to such purposes.
The purposes for which the Association is organized are to maintain and administer common amenities of the Woodlake development in Athens-Clarke County, Georgia and is organized pursuant to the Declaration of Woodlake Master Association to be recorded in the deed records of Athens-Clarke County, Georgia (the "Declaration"). In order to carry out such purpose, the Association shall have all the powers set forth in the Declaration, he Co inced s -Georgia Non-Profit Corporation Code, and in the Condominium Act as being exercisable by > weal a corporation formed for the purpose of exercising the powers of an association of any condominium created pursuant to the Condominium Act.
6.
The legal entity or owner of each phase in the Woodlake development in AthensClarke County, Georgia shall automatically be a member of the Association, which membership shall continue during the period of such ownership.
7.
The directors shall be elected in the manner set forth in the by-laws of the Association.
The initial registered office of the Association shall be at 263 Woodlake Drive, Athens, Georgia 30606. The initial registered agent of the Association shall be William F. Prokasy.
9.
The initial Board of Directors of the Association shall number seven (7) with each phase in the Woodlake development being represented by a single member, and the name each person who is to serve as a director thereof is as follows:
Phase 1: Samuel Carleton
Phase 2: Warren Phillips
Phase 3: Pace Burt -
Phase 4 Mickey Dillard - (contristst)
Phase 5 Fran Scheib interest
Phase 6 Dan Tokos
Phase 7: Pace Burt -
10.
The name and address of the incorporator is:
Michael A. Morris, Esq.
440 College Avenue North
Athens, Georgia 30601
IN WITNESS WHEREOF, the undersigned has executed these Articles of Incorporation.
Michael A. Morris, Esq., Incorporator
MICHAEL A. MORRIS
BLASINGAME, BURCH, GARRARD, BRYANT & ASHLEY, P.C.
440 College Avenue North
ATHENS, GEORGIA 30601
(706) 354-4000