Covenants
STATA OF GEORGIA GLERA SUFERIOR COURT FILED IN OFFICE COUNTY OF OLARKE CLAREE COUNTY GA.
AMENDED DECLARATION OF CONDOMINIOM ViP I il 053H'RR CAMPOS QUARTERS ONE, A CONDONINIOM BOOX AGILPAGE SIR RECORDED THIS DECLARATION, made this 10th day of SeptoeTBASTLAK DATE partnership having Piedmont Equity Corporation, a Georgia 1986, by Campus Quartere of Athens, Ltd., a Georgia limited corporation, and Edwin P. Brown, Jr. as its sole general partners, and whose addrens is 2430 Rerodian Way, Suito 270, Sayrna, Georgia (hereinafter referred to as "Declarant").
cract or parcel of land (hereinafter refarred to as the HEREAS, Declarant is the fee simple owner of all that "Property"), described in Bihibit "A" attached hereto and by this reference made a part bereof, and the japrovements aituated to the provisions of the Georgia Condominium Act (Official Coda of thereon, and desires to submit the Property and the improvements la. Ann. Titla 44, Chapter 3, Article 3) (harminafter aometimes eferred to as the "Act"): and survey entitled "survey for Campus Quarters One, A Condominium" WHEREAS, the Property is shown on that certain plat of referred ° as the "plat"), recorded in Condoninium giat Book i, prepared by Gregg & Associates, dated June 17, 1986, (hereinaiter Clarke County, Georgia; and in the Office of the Clerk of the Superior Court of drawings entitled "Plans for Campus Quarters One; A Condominiva" WHEREAS, said laprovements are shown on those cartain Plans Drawer No. D, in the Office of the Clerk of the Superior hareinarter referred to as the "Plans"), recorded in Condominim Court of Clarke County, Georgia; and
of Covenanta, Conditions and Restrictions for Campus Quarters One, WHEREAS, Declarant previously entered into a Declarations Court, Clarke County, Georgia; recorded in Deed Book 645, page 11, Office of the Clerk, Superior conilicts with the provisions_contained-herein, the provisions. NOW THEREFORE, Declarant hereby declaren that insofar as 1t..... Restrictiona for Campus Quarters One, recorded in Deed Book. 648, contained in said Declarationa of Covenants, Conditions and Georgia, are delated and the provisions contained herein page 71, Office of the Clerk, Superior Court, Clarke County, 1-20-82 substituted in lieu thereof, and Declarant hereby, declares that mprovements thereon, is hereby submitted and made subjact to tha che Property dascribed in Exhibit At hereta, including the form of ownership set forth in the Act, and la hereby made subject to this Declaration. The Property shall be owned, bald, otherwise encumbered subject to the provisions of the Act and this transferred, sold, conveyed, used, occupied and mortgaged or acceptance of a deed or other conveyance of such interest, whether Declaration, and every grantee of any interest in the Property by reference the Act and this Declaration, and shall be signed by' or not such daed or other conveyance of auch interast shall such person, and whother or not such person shall otherwise consent in writing, shall take subject to the provisions of the nend. 904/175 the sama. Act and this Declaration and shall be deemed to have aasanted to
STATUTORY REFERENCE ARTICLE I
1.01 georgia Condominium Act. This Declaration is madeGeorgia Annotated, known as tha pursuant to Title 44, Chapter 3, Article 3 of the Official Code of
: 1.02 Definitiona, The terms uaed in this Declaration. unless otherwise specified or unless the context otherwise
requires, shall have the meanings specified in Title 44, Chaptar 3, Article 3 of the Act. In addition, when used in this
Deciaration (unless the context otherwise requires). the folloming mords shall have the following meanings:
(*) "Association" shall mean and refer to Campus Quartera
One Condominium Association, Inc., a non-profit
Georgia corporation, ita successors and. assigna. (b) "Property" shall mean and refer to the real property escribed in ExhibitiA" hereto, which is hereby
submitted to the form of ownership prascribad in the Act and to the provisiona of this Declaration. "By-Laws! shall mean the By-Laws of the Aacciation (c)
which shall be recorded with the Declaration as
Exhibit 'i attached hereto and by this reference sade' a part hereof.
ARTICLE II
PROPERTY RIGHTS
Condominion, Manend Gerared Descet dampus eve. of ta, Clarke County, Georgia, shall be Campus Quarters One, A Condominium. Condominium consists of the Property, described by metes and bounds in Sxhibit "At herato, together with the improvements situated thereon. The 'improvements inolude, but are not limitad to, one (1) building which contains a total of forty (40) Units.
2.02 Description of Unita. Each Unit (including its undivided interest in the Common Elemants 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 tranaferred, conveyed and encumbered in the same mannar as aay other real property: Such undivided interest in the Common Elementa shall not, be saparated from the Unit to which it
appertains and shall be deaned to be conveyed or encumbered with the Unit even though such interest is not expresely stated or The boundaries of referred to in the conveyancing instrument.
aach Unit shall be deemed to be the walls, floors and/or cailings thereot, as more particularly described in Exhibit "E" attached hereto and by this reference made a part hereof. The location and limensions of the boundaries of each Unit, to the axtent that such boundaries lie within or coincide with the boundaries of every structure which contains or constitutes all or part of any Unit, are dopicted on the Plat and Plans. Prior to the first conveyance of any Unit by Declarant, Declarant will cause a certificate in reforence nade a part hastor, to be etcorded in accordance with the form of Exhibit "O' the provisions of The Units are identified in the Plans by the Unit identifying numbers shown on Exhibit ip" attached hereto and by this reference made a part hereof, which Exhibit also serves to. set forth (1) the approximate area of each Unit; and (11) the allocation of interests in the Common Blenants, voting righta. in the Association and liabilities for Coamon Expenses to each Unit. Units may be subdivided in
2.03 Subdivision of Unita.
accordance with the provisions of the Act.
2.04 Deacription of Limited Common Blements.
Supplementing the provisions of the Act, ownership of each Unit ahall entitle the owner thereof to the exclusive ase of those portions of the Common Liaments consisting of (a) any heating and/or air conditioning compressors, units, components or other apparatus serving much Unit which may be located beyond the boundaries thermoi; (b) any entrancoways, stairways and
appurtanant fixtures and facilities providing direct access to the Units; and (c) any patio or balcony, together with the enclosure therafor, now or hereafter located in whole or in part adjacent to
• Unit, or any parking spaces or storage facilities designated for the use of a particular Unit or Unita. In the event that any of the items described herein or in the Act serve one or more Units but less than all of the Units in the building, such itese shall ba Limited Common Elements appurtenant to the Unit or Units served thereby.
2.08 Description of Common Blamenta; Due Charges, The Common Ilesents shall consiat of all portions of the Condominium other than the Units, and shall include, without liaitation, the Crated the tart de any che and fros tin to flay to imporaby charges for the use of certain of the Common Elements, including, vithout limitation, the parking, storage and laundry areas.
2.06 pasements. The following easements from each Unit Owner to the other Unit owners, the Association and Declarant are hereby reserved and establiabed. svery Unit Owner, his successors, Use and Enjoyment. legal representatives, heirs and assigns, family, conants and guests, shall have a right and easement of use and enjoyment in and to the Common Blemants (including the right of access, ingress and egress to and from his Unit over thoss portions of the Property deaignated for such purpose) and such emsement shall be appurtenant to and shall pase with the title to every Unit, subjact to the following provision: The right of the Association to control the use; and hereof, which shall include, but not be limited to, enjoyment thereof as provided in Articles VIII and IX the right of the Association to suspend the voting rights of a Unit Owner for any period of time during which an assessment (or any portion of any monthly installment thereof) against his Unit 1s dua and remaina unpaid or for a reasonable time for infraction (b) of the Association's published rules and regulations;
Maintenance and Repair. There shall be an easement through the Unita, the Common Elementa and the Limited Common Elements for the installation, maintanance, epair and replacement of Unita, Common Blamenta an inited Common Elements. Usa of this easamant shal. be only during normal business hours, except that. 'access may be had at any time in the case of emergency; Structural Support. Every portion of a Unit which contributes to the structural support of another Unit shall be burdened with an easement 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; and
(0) General. (1) There shall be a general easement to the Association, ite directora, officera, agenta and employees (including, but not limited to, any manager employad by the Association) to enter upon the Condominium or any portion thereaf in the performance of their respactive duties. Except in the event of amergencies, this sasement is to be exercisad only during normal businass hours and then, whenever practicable, only upon advance notice to and with the permission of the Unit Owner(s) directly affected thereby; (11) Declarant and his duly authorized agenta, representatives and employees shall have an easement for the maintenance of sales offices and/or Model Unite in the Condominium for so long as
Declarant owna any Unit! and (111) Declarant and his duly authorized agents, representatives and employees shall have an easement on and over the Common Klements and the Limited Common Elementa for the purpose of making improvements in and to the Condominium,
for the purpose of doing any and all things reasonably necessary and proper in connection therewith.
2.07 Allocation of Undivided Intereat in Common
Elements. Pursuant to the provisions of the Act, the undivided interest in the Common Elementa allocated to each Unit is that percentage sat forth in Exhibit D" hereto. The undivided intereat in the Common Elemerits hereby allocated to each Unit ahall not be altered axcept to the extent otharwise 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. 2,08
Alterations of Unite. subject to the provisions of the By-Laws of the Asgociation. in effect from tina to time, any Unit Owper 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 of any structure or otherwise lessen the support of any portion of the condominius. improvements or alterations of any kind shall be made without the No other Association. prior written approval of the Board of Directors of the
Sabject to the proviaions of this section 2.08, provisions of the Act. boundaries between Units may be relocated in accordance with the reassignment of Limited Common Elements may be made pursuant to 2.09 Reassignment of Limited Common Blements. The the provisions of the Act.
Common Flementa. 2.10 Subsequent Assignsent of Common Klements as Limited In the evant that the Association's Board of Directors should authorize or otherwise provida for the assignment of parking spaces adjacant to the buildings, or storage facilities in various locations within the buildings, am Limited Common Blemente, an amendment to thie Declaration making any such the provisions of the Act. maignment shall be prepared, executed and recorded pursuant tc ny other assignment of Common Elements as Limited Common Blements shall be effected only by recorded pursuant to the provisions of the Act. means of an amendment to this Declaration duly executed and.
ARTICLE IIL
MAINTENANCE AND REPAIR
3.01 Association. Except as may be otherwise
apecifically provided for herein, the responsibility of the Condóminius aball be as follows: Association with respect to the maintenance and repair of the
To maintain in good working order and condition, repair and replace the common Elements; provided, however, that the Association may, Mith the consent of Unit
Owners to which four-fifthe (4/Sthe) of the voting rights of the Association appertain, alter the use or form of the Common Elements, including, without ilmitation, construction of improvements thereon, or elect not to repair or replace any (b) portion of the Common Elements; and
In provide exterior maintenance of the buildings containing the Unite, all as more particulariy provided for in the By-Laws of the Association. Unit Owner (a), The responsibility of a Unit Owner to the maintenance and repair of his Unit, and the n flements' appurtenant thercto, shall be as follows: To maintain, repair and replace all portions of his Unit, and the Limited common Blaments appurtenant therato, except those portions which are to be Leociation: maintained,, rapaired or replaced by the
The responsibility of the Unit owner shall-include the maintenance, repair and
replacement of all fixtures and equipment inatalled in his Unit, as well as the maintenance, repaiz and replacement of the wiring, plumbing, heating ducts and components, the Mindors, acreena and extexior:
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lights, if any, serving hie Unit, except any auch items that are Common Ilesents under tha description (b) of Unit boundaries sot forth in IthibitiA" herato;
Unit and any Limited Comion Klements serving his Unit, To keep in a nemt, olean and sanitary condition his (c) To perform his responsibilitios in such sanner so as
Unita; not to unreasonably disturb other persons in other (d) Not to paint or otherwise decorate or change the outaide appearance of his Unit, any appurtenances thereto or any Limited Common Elements serving his Unit unlass the written consent of the Board of Directors of the Association, or an architectural committee appointed by the Board, la filmt obtained. Intensity of all exterior lights shall be aubject to urther, the dasign, type, location, size, color and (a) control by the Board of Directors of the Association; ro promptly report to the Association or ita agenta
Association is responsible; any defect or need for repairs for which the (*) Not to make any alteration in the portions of his
Unit, and the Limited Common Elemants appurtenant thereto, which are to be maintained by the make any additions thereto, or do anything with Association, or to remove any portion thereaf, or to respect to the extarior or interior of the Unit which soundneas of any Unit without first obtaining the rould or might jeopardize or impair the safety or written consent of the Board of Directors of the Association and all Unit Owners and mortgagees of the Unite 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 exists; and their mortgagees for whose banefit such easement (g) To pay for the coat 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 nacassitated by reason of the willful or negligent act of the Unit Owner, hia family, tenants or guests; with the cost thereof to be specifically assassed against such Unit - Owner in accordance with Section 4.02 of Article IV - hereof and the By-Laws of the Association.
ASSESSMENTS ARTICLE IV
4.01 general Obligation. Each Unit Owner shall be Association all sums lawfully assessed by the Association against responsible for and hereby covenants and agrees to pay to the that Unit Owner or Unit, whether for the share of the Common Expenses appertaining to that Unit or otherwise, including those apecial assessments described in Section 4.02 herainbelow, which to time by the Board of Directors of the Association in accordance amasasments ara to be fixed, established and collected from time with this Declaration and the By-Laws of the Association. Pursuant to the Act, such assesaments shall conatitute a lien in favor of the Association on the Unit or Units againat which each such asaassment is lavied, and such assessment, together with the interest on each assessment or installment thereof, and any lien thereof, shall include (a) a late or delinquency charge; (b) ' same was first due and payable; (c) tha costa of collection, elinquency or late charge appertaining therato, from the date the including court coata, the expenses of sala, any expenmas required for the protection and preservation of the Unit and reasonable - attorneys' feas actually incurred; and (d) the fair rental value
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until the sale of that Unit at foreclosure (or ontil satisfaction of the Unit or Units from the tine of the inatitution of suit of the judgment rendered in auch suit), all in accordance with and to the maximum extent permitted by the Act. this Declaration shall constitute served notice of the existence The recordation of of such lien, and no further recordation of any claim of lien for asseasment shall be required. liable for and 4.02 Special Assesaments. Each Owner of a Unit shall be incurred by the Association, as follows: shall pay special assessments for Common Expenses associated with the maintenance, repair, renovation, restoration (a) any Conmon Expenses assassed against the Unit or Units to which that Limited Common or replacemant of any Limited Common Elesent shall ba specially Common Expenses benefiting less than all of the Unita. shall be Blement was assignad at the time such axpenses were nade; (b) any (c) any Common Expenses occasionad by the conduct of less than all specially assessed equitably among all of the Units so benefited; of those entitled to occupy all of the Units or by the licensees. or invitess of any such Uhit or Unita shall be specially against the Unit or Triits, the conduct oi any occupant, 11cehase assessed any other Common Expenees significantly disproportionately or invites of which occasioned any such Common Expenses; and (a) benefiting all of the Units shall be assessed equitably among auch In addition to the special assessment for reconstruction
necessary fixtures and personal property related thereto), or for the cost or repair or replacement of a portion of the common Elemente (including the neceasary fixtures and personal property related thereto), which le for the benefit of all Unit owners in the Condominium as a whole. The Association shall andeavor to anticipate and budget for special assessments, and to collect such
assessment in a lump sum if such payment la in the beat interest of the Association.
Allocation of Liability for Common Expenses. saunt a rurant to Section 4.02 above, ahal be saveded paint the Units in accordance: with the respective percentage allocations of liability for Common Expenses attributable to each Unit ar provided for in Exhibit'"Dr herato.
provided for in for tile i shall be prior and superior to all The lien of the assessment other lians except only (a) ad valoren taxes; (b) the lien of a and to which unit la bject. and a the en of any gortgage 'or secondary purchase money mortgage, if recorded prior to the recording of this Declaration. transfer of any Unit shall not affect the assessment lien; The sale or provided, however; that the sale or transfer of any Unit, which is subject to any such mortgage, pursuant to the forecloaure thereor or a transfar by deed or assignment in lieu of foreclosure, shall extinguiah the lien of such assessments as to the paymants which becane due prior to.the date of such sale or transter. thereof sale or transfer shall relieve the Unit Ownar fros liability for any assessment theretofore or thereafter becoming due,
ARTICIA V INSURANCE
hall obtain and maintain at all times (a) insurance for all of 6:01 general Obligation and Authority. The Asmociation the inourable improvementa on the Property (with the
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Unit Owners or occupants) against loss or damago by fire or other. exception of laprovenanta and batterments made by the respective lazards, including axtended covarage, vandalism and malicious mischief, in an axount consonant with the full replacemant value of such insurable improvements; (b) if there im a stamm boiler in operation on the Property, boiler explosion insurance evidenced by providing, as a minimum, 950,000 per location; (c) fidelity the standard form of boiler and machinery insurance policy and, officers, employees, agents and volunteers responsible for coveraga againat dishonest acta on the part. of its directors, an amount aqual to not less than one and one-half times the handling funds belonging to or administered by the Asmociation in (d) comprehanaive public liability insurance, in amounts. Aasociation's estimated annual operating expenses and reserves; to time, but in no event shall such amounts ba leas than 9500,000 eatablished by the Board of Directors of the Association from time for injury, including death, to a single person, 91,000,000 injury or injuries, including death, arising out of a single for Directors from tima to time. of insurance either required by law or authorized by the Board of occurrence and $50,000 property damage; and (e) such other types
CASUALTY LOSSES ARICLE VI
danage or destruction by fire or other casualty to all or any part' 6.01 Damage and Destruction. Immediately after the Association, the Board of Directors or its duly authorized agent of the Condominium covered by insurance purchased by the shall proceed with the filing and adjustment of all clains arising ander such insurance with respect to property losses of Unit of the Association, Owners other than Declarant pureuant to the terms of the By-Laws
EMINENT DOMAIN ARTICLE VII
7.01 general. The provisions of the Act shall govern be taken by any authority having the power of condemnation or eminent domain. whenever all or any part of the Common Elementa or any Unit shall
1.02 Notice to Unit Owmers and Mortgagees, The Association, immediately upon, having any knowledge of the institution, or threat of institution, of any proceedings or other portion of any Unit or Common Element in-condeanation, 'emdient' action with respeot to the taking of Unite, Common Elements or AnY domain or other proceedings or actions involving any, unit of government or any other person having the power: of eminent domain, therein whose names and addresses have previously been furnished shall notify ali Unit Owners and all mortgagees having an interest notice. Any such mortgages say, if permitted by, law, participate to the Association together with a written request for such'- participate in negotiations, in connection thererith, but shall in any such proceedings or actions or, in any event, say... have no obligation to do so. Notwithstanding the foregoing, if tha Federal Home Loan Mortgage Corporation ('YHLMO") on the Federal National Mortgage Association (FNMA") is the mortgagon of any Unit, the Association shall notify FHLMO or FNMA, as the case for and on behalf of FHLMC or ENMA) in writing of any taking of may be (c/o the institution servicing the mortgage or martgages portion of any Unit 11 the value exceeda $1,000. (1) Common Elemente 1f the value exceeds $10,000, and (11) any
USE RESTRICTIONS ARTICLE VILI
same hereby are, restricted exclusively to residential use. 8.01 Residential Purposes. All Unite shall be, and the used as a residence on any portion of the Property at any time atructures of a temporary character, trailera or tents shall ba Ho either temporarily or permanently.
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8,02 Use Restrictione; Unita Subject to Declaration, By-Laws and Rules, and' Requiationa. Unit Owners and protect the value of the Units, the Property, To assure the harmony of the restrictions set forth in Exhibit' "E" attached hereto and by including all improvements thereon, shall be subject to tha use this reference made a part hereof. The Board of Directors of Regulations governing occupancy and use of the Condominium and the Association is hereby empvared to promulgate Rules and shall supplement and be in addition to the use restrictions set to amend the same from time to time, which Rules and Regulations forth in Exhibit "g" hereto. All present and. future Ownere, tenants and occupants of Unita shall be subject to, and shall comply with, the proviaions of this Declaration, the By-Laws and time. the Rules and Regulations, as they may be amended from time to The acceptance of a deed or conveyance or the antering into of a lease or the entering into occupancy of any Unit shall conatitute an agreement that the provisions of this Declaration, the By-Lawe and the Rules and Regulations, as they may be mended from time to time, are accepted and ratified by such ' owner; tenant or occupant, and all of such provisions shall be bind any person having at any time any interest or astate in deemed and taken to ba covenants running with the land and shall at length in each and every deed or conveyance or lease thereof. such Unit, as though such provisions were recited and stipulated permitted, to lease his. Unit for transient or hotel purposes. 8.03 Leasing Restrictions. No Ohit. Owner shall be Any lease agreement shall-be raquired to provide that the terms of the lease shall be subject in all respects to the provisions of thie Declaration and the By-Lave of the Association, and that any failure by the lassee to comply with the terms of such documents shall be a default under the lease. foregoing there shall be no restriction on the right of any Unit Other then the Owner to lease his Unit; provided, hovever, that prior to the commencement of any such lease, the Unit Owner shall give tha term of the lease. Anything herein to the contrary Association written notice of the name of the lessee and the. notwithstanding.. (1) Declarant shall have the unqualified right to lease upon any terms any Unit, so long as such Unit is unsold Owner of a Unit at a judicial or foreclosure sale conducted with and owned by Declarant; and (11) any person who bacones the any proceedings in lieu thereof, shall have the unqualified respect to a mortgage. on such Unit, or as transfaree pursuant to person who acquires title thereto in such manner; provided, right to lease much Unit so long as such Unit is owned by such Declarant, or such acquiror of title by judicial or foreclosure however, that the occupancy of any Unit by any lasses or Declaration and the By-Lawe of the Association. male, shall be otherwiee subject to the provisions of this
THE CONDOMINIUM ASSOCIATION AND ADMINISTRATION ARTICLE IX a Georgia non-profit membership corporation under the Gaorgia 9.01 goners.. The Association has been incorporated am duly afreotuated, including appointment of the firat Board or Corporation Code.. The organization of the Association has been Directors and election of ita initial officers, Declarant shai. have the right to appoiht or remove any seabar or sembers of the Board of Directors and to elect the initial officers of the
firet of the folloning events occure: (a) the expiration of three (3) years after the recording of this Declaration;
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(b) the date as of which Units to which four-fifths (4/5the) of the undivided interests in the Common Slesents appertain shall hava been convayed by Declarant to Unit Owners other. than a person or persons constituting Declarent, unless Declarant bas an unexpired option to construct additional Units and/or add additional property to the Condominius; or (c) the surrender by Declarant of the authority to appoint and rexove members of the Board of Directors and Officars of the Association by an express amandment to this. Declaration executed and recorded by Declarant.
Except for certain greater than majority voting requiranenta provided herein and in the By-Laws of the
Association, no limitationa or restrictions on the powers of the Association or its Board of Directors are provided herein; provided, however, that so long as Declarant owna Unita
representing undivided ownership in the Common flaments of ten percent (10%) or more, the Association aay not, without the consent of Declarant, (1) make any addition, alteration or improvement to the Common Elements or to any Unit; (11) assass any Common Expenses for the creation of, addition to or
replacement of all or part of any reserve, contingency or surplus fund; (111) enter into any service or maintenance contract for work covered by contracts in existence on the date this Declaration is recorded; or (iv) borxow money for any Owner hail tonic Vote in of the tatic Each Unit membership shall continue during the period of ownership by such Unit Owner.
Pursuant to the proviaions of the Act, the number sat forth in Exhibit "D hereto. I votes in the Association hereby allocatad. to each Unit is am.
Sạid votes shall be cast under such rules and procedures as may ba prescribed in the By-Lama of. the Association, as amended from tine to tind, or by law.
9.03 Meetings. Meetings of the members of the
Association shall be held in accordance with the provisions of the Association's By-Laws, and in any event not lass frequently than annually.
At the annual meeting, reports of the affairs, finances and budget projections. of the Association shall be sade to the Unit Owners.
9-04 Rules and Regulationa, Remsonable regulationa 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 Aasociation; provided, however, that copies of such regulations and amendmente thereto shall be furnished by the Association to all Onit Owners. Failure to abide by any such regulation, rule or requirement shall be grounds for any action by the Association'or any äggrieved Unit Owner to recover damages, or obtain injunctive and equitable relief or both.
9.06 Liability. To the extent obtainable, the
Association shall maintain public liability insuranca coverage for the Directors and Officers of the Association. Further, each Director and each Officer of the Asapciation shall be held harmless by the Unit Owners from expense, lose or liability by reason of having served as such Director or as such Officer and shall be indemnified by all the Unit Owners (as a Common Expense) againat all expenses and liabilities, including reasonable attorney's fees, incurred by or imposed upon him in connection with any proceeding to which he may ba a part, or have become involved by reason of being such Director or such Officer, whether or not he is a Director or Officer at the time such expenses are incurred, except in such cases wharain the expenses and liability arise from a proceeding in which such Director or such officer is adjudged guilty of willful
misfeasance or malfeasance in the performance of his duties; provided, however, that in the event of a settlement or the
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acceptance of a plea nolo contendre, the indemnification shall apply only when the Board of Directors approves auch settlement Association. or plea and reimbursement as being in the best interests of the
9.06 Compeneation. No Diractor or Officer of the Association shall receive any fee or compensation for servicas performed by hiu unlass such fee or compensation is first fixed by a resolution adopted by a majority vote of the Unit Owners present in person or by proxy at a aeating duly called and held tor such purpose.
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 By-Laws 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 Article IX of this Dẹclaration. 0fficers of the Association, as provided for in Section 9.01 of
: Ivery grantee of any interest ir the Gondominium, by acceptance of a deed or other convayance of such interest, agreed that Declarant shall have such authority to of the Association. appoint and remove members of the Board of Directors and Officers
Upon the expiration of the period of Declarant's right to control the Association pursuant to said Section 9.01 of Article X, auch right to control shall automatically pass to the Unit Owners (including Declarant if Declarant then owns one (1) or more Units).
During the period of Declarant's control, Declarant shall be jointly responsible and: liable with the members of the Board of Directors and Officers to the Unit Owners for the books, recorde and accounts of the Association being in propar order, State of Georgia and the Association being. in good standing undar the lans of the conducted in a prudent and businesslike manner; and Declarant the affairs of the Association being shall not be insulated againat liability to the Unit Ownera bacause 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 bontained shall. make any succeasor to Declarant
responsible or subject to liability by operation of law or through purchase of 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 aucceasor succeeded to the intereat of Declarant.
Any management contract, lease of recreational area or facilities, if any, or any other contract or lease executed by or on bebalf of the Association during the period of 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 Ownara by a like majority shall have theretafore, following the expiration of such control period, expresaly ratified and approved the same.
10.02 Amendment. So long as the same shall not (a) advermely affect the title to any Unit owner's Unit; (b) change the percentage or fraction of undivided ownership interest, in and to the Common Blementa of the Condominius appurtenant to any Unit Owmar's Unit; (c) materially altar or change any Unit owner's Fight to the use and enjoyment of his Unit or the Common Elements as set forth in this Declaration; or (d) othervise make any material change in this Dealeration, each Unit Owner agrees that, 1f requested to do so by Declarant, such Unit Owner will consent to the asendment of thie Declaration (1) if such amendment 1a
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necessary to bring any provision hereof into compliance with any determination which shall be in conflict theremith; (11) if much applicable governmental statute, rule, regulation or judicial amendment is necessary to anable any reputable title insurance company to issue title inmurance coverage with respect to the Units subject to this Declaration; (111) 1f such amendment ia required by an institutional or governmental lender or purchaser of mortgage loane, including, for example, THIMC or INMA, 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 mortgaga loans on the Onits subjact to this Declaration. Declaration may also be ampeded at any time hed from time to time by the assent of Unit Owners having at lemat two-thirds 2/3rds) of the total vote of the Association; provided, control nowever, that during such time Declarant has the richt to the Association pursuant to Section 9.01 of Article IX, such amandment shall require the agreement of Declarant and Association appertain, exclualve of any vote or votes Unit Owners to which tro-thirds (2/3rds) of the votes in the appertaining to any Unit or Unite then owned by Declarant. any provision in this Saction 10.02 to the contrary Autwithstanding, no amendment to this Declaration shall alter, modify, change or rescind any right, title, intereat or mortgage affecting any of the Unita in the Condominium, unlass privilege herein granted or afforded to the holder of any this Declaration may be proposed by Declarant, the Board of such holder shall consent thereto in writing. Amendments to Owners having at least thirty percent (30%) of the total votes Directors of the Association or by petition signad by Unit. of the Association. Agreement of the required majority of Unit by their execution of the amendment, or, in the alternative and Owners to any amendment of this Declaration shall be evidenced the Association pursuant to Section 9.01 of Article IX; by the provided that Declarant does not then have the right to control Secretary of the Aasociation attached to or incorporated in an sworn atatement of the President, any Vice President or it le stated unequivocally that agreement of the require Any amendment executed by the Association, in which sworn statement majority of Unit Owners was otharwise lawfully obtained. such amandmant of this Declaration shall become effective only Mhen recorded, or at such later date as may be specified in the amendment itself. The written consent of any, mortgages required with respect to auck amandment shall also be recorded with such amendment.
10,09 Righte of Third Parties, This Declaration shall benefit of Declarant, the Unit Owners and their mortgagees as be recorded pursuant to the provisions of the Act for the herein provided, and by such recordation no adjoining proparty 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 their mortgagees as herein provided, the Onit Owners shall have provisions hereof, and, subject to the rights of Declarant and the right to cancel, extend, modify, amend or otherwias change the provisions of this Declaration without the consent, permission or approval of any adjoining owner or third party; 10.04 Termination. The Condominium shall be terminated four-fifths (4/5ths) of the votes ih the Association appertain only by the agreement of Unit Owners of Units to which and all mortgagees of such Units; provided, however, that during such time, if any, as Declarant has the right to control the Association pursuant to Section 9.01 of Article IX, such
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agreement shall be that of Declarant and Unit Owners of Units to which four-fifths (4/5ths) of the votes in the Association appertain, exclusive of any vote or votes, appurtenant to any Unit or Units then owned by Declarant, and the mortgagees of such Uhits. Agreement of the required percentage of Unit Owners and their mortgagses to termination of the Condominium shall ba evidenced by their execution of a termination agreement. AnY such termination agreement shall become effectiva only when recorded or at such later data as may be specifiad therein. pon the affective date of a termination agreement, all of the property constituting the Condominium shall be owned by the Unit Owners as tenanta-in-common in proportion to their respective undivided interest in the Common Elements immediately prior to such affoctive date. As long as such tenancy-in-common laste, 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 Conmon Elements appurtenant chereto, if any, as existed immediataly prior to teraination, and a non-exclusive right to use that portion of said proparty which formerly constituted Common Elements other than Limited Common Elementa. 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 aa their interest may appear. Upon the effective date of a taraination deemed to agreement, mortgages and liens affecting each Unit shall be be transferred in accordance with theix existing priorities to the undivided intereat of the Unit ower in tha property which formerly constituted the Condominium. After the effective date of a termination agreement, and except as othermiae expressly provided in the Act, the property which formerly constituted the Condominium and the rights and obligatione of the former Unit owners with respect therato shall be subject to and governed by the laws of' the State of Georgia pertaining to tenancies-in-common, as long as auch tenancy-in-common lasta.
10.05 Withdrawal of Submitted Property, Subritted 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-By-Lave and with the administrative Rules and Regulationa adopted pursuant thereto, as either of the same may be lawfully amended from time to time, and with the covenants, conditions and restrictiong set forth in thia Declaration and/or in the deed to his Unit. In the event of a violation or breach; or threatened violation or breach, of any of the same, eclarant, the Association and/or any aggrieved Unit Owner, jointly and severally, shall have the right to procead at law or in equity to compel compliance therewith or to prevent a threatened violation or breach thereof. Should Declarant or the Association saploy legal counsel to enforce any of the
foregoing, all costs incurred in connection with such
enforcement, including a reasonabla fee for counsel, shall be paid by the violating Unit Owner. Inasmuch as the anforcement of the provisions of this Declaration and the By-Laws and such adminiatrativa rules and regulations is essential for the effectuation of the general plan of developsent contemplated hereby and for the protection of present and future Unit Owners, it is hereby declared that any breach thereof cannot be adaquately compensated by recovery of damages, and that • Declarant, the Association or any aggrieved Unit owner, in
addition to all other remedias, shall be entitled by injunctive relief to restrain any such violation or breach or threatanad . violation or breach. Purther, in any case of flagrant or capeated violation by a Unit Owner, then, in addition to the coregoing remedies, the Board of Directors of the Association may lavy suamary charges against the Unit Owner for much violation, provided that no summary charges may be lavied for more than $25.00 for any one violation; but each day or time a violation 1a continued or repeated after written notice is given to the Unit Owner to cease and desist, it shall be considered a separate violation. a Unit Owner as if such charges were a Common Expense owed by the Collection of summary charges say be enforcad againat Unit Owner involved. No delay, failura or omission on the part of Declarant, the Asmociation or any aggrieved Unit Owner in exercising any right, power or remedy herein provided' ahall ba conatrued as an acquiescence therain nor shall be doexed a waiver of the right to do so thereafter as to the sams violation or breach, nox as to a violation or breach occurring prior to or subsequent thereto, and shall not bar or affact its enforcenent. or maintained by anyone whatsoever against Daclarant or the No right of action shall accrue nor shall any action be brought 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 nay be unenforceabla.
10.07 Acceptance of Improvements. Declarant warranta that the improvementa on the Property hava been completed in substantial conformity with the Plans. warranties or representations with respect to the Property or the Declarant makes no other improvaments thereon except as may be specifically provided in the contract for purchase and sale of any Unit and the warranties of title contained in the deed of conveyance. 10.08 Duration.
herein provided, the provisions of this Declaration shall run Unless the Condominium is terminated as with and bind the Property and shall be and romain in affect perpetually to the extent permitted by Georgia law; provided, however, that so long as Georgia law limits the period during which covenante restricting lands to certain uses may run, any provisions of this Declaration affected theraby 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 majority of the voting filing a document bearing the gignatures of Unit Owners having a and newly adopting such provisions in order that the same may interest in the Condominium reaffirming continue to ba covenants running with the land of tha
al1. Condominium; such adoption by a majority shall ba binding on made subject to this Declaration, by 'acceptance of a deed or Every purchaser or grantee of any interast in any property thie Declaration shall run with and bind the Property as provided other conveyance therefor, thereby agrees that the provialone of hereby.
10.09 Limitations. Anything herein to the contrary notwithstanding, unless at least two-thirds (2/arda) of the first mortgagees (based upon one (1) vote for each first mortgage owned) or Unit Owners (other than Declarant) have given their prior written approval, the Association shall, not be entitled to: (a)
Condominium; By act or omission, ssek to abandon or terminate the (b) Change the pro-rata interest or obligations of any
Unit for the purpose of: (1) levying assessmenta or charges or allocating distributions of hazard determining the pro-rata share of ownership of aach insurance proceeda or condemnation awarda, or (i1) Unit in the Common Elementa;
( c) Partition or subdivide any Unit, except as provided in Section 2.03 of Article II hereof;
By act or omission, seek to abandon, partition, subdivide, encumber, sell or transfer the Common glements; provided, however, that the granting of easements for public utilities or for other public purposes consistent with the intended use of the deemed a transfer within the meaning of this Common Elementa by the Condominium shall not be Use hazard insurance proceeda for losses to any Condominium Property (whether to Unita or to Common Elements) for other than repair, replacement or reconstruction of such Property, except as provided by statute in case of subatantial loss to the Units and/or Common Elements of the Condominium. Declaration shall not be deemed to give any Unit Owner, or any Anything herein to the contrary notwithstanding, this other party, priority over any rights of the first mortgagee of a Unit pursiant to its mortgage in the cass of a distribution to losses to or taking of any portion of any Unit or the Common auch Unit Owner of insurance proceeds or condemnation awards for Elementa.
Gender and Granmar, The singular wherever used herein shall be construed to mean the plural when applicable, and the ecessary grammatical changes required to make the provisione hereaf apply either to corporations or individuals or to man or women shall in all cases be assumed as though in each case fully axpressed.
10.11 Captiona. The captions of each Article and Section hereof as to the contents of each Article and Section are insarted 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 rafer.
10.12 Whenever possible, sach provision of this Declaration shall be interpreted in such manner as to ba this Declaration to any person or to any property shall be effective and valid, but if the application of any provisions of prohibited or held invalid, such prohibition or invalidity shall not affect any other provision or the application of any provision which can be given effect without the invalid provision or application, and to this and the provisions of thie Declaration are declared to be severable. forth or provided for in this Declaration shall be construed 10.19 Interpretation. In all cases, the proviaions sat Tie de ca peel p1aт developatten the pror sou foret intent of the general plan of development. shall be liberally interpreted and, if necessary, shall be st xtended or enlarged by implication as to mike then fully effactive.
10.14 Controlling Law. The terme and conditions of this Declaration shall be governed by the laws of the State of Georgia. 10.15 Buser. Laquire, Forteon, Bentley and Griffin, P.A.,. 440 College Author. This Declaration was prepared by Made A. Avenue North, Suite 220, Athena, GA 30619. 20.18
Recorgation. This Declaration la to be recorded in the Office of the Clerk of the Superior Court, Clarke County, Georgia, pursuant to the Act,
IN HITNESS WHEREOF, Declarant has caused this instrument above written. to be properly axecuted and sealed the day, month and yoar firat
CAMPUS QUARIERS OF ATHENS, LID. BY Sun four - (SEAG) Edwin P. Brown, JI., General partner
Piedmont Equity Corporation, Senaral Partner
Its Vice President
Signed, sealed and dalivered
in the gi
Witnes
_Nati Public solary Publla, Gnarria Stals al-Lan
•y Comi nission Epiras Juna 17, 1982
1986.
EXHIBIT A" TO
AMENDED DECLARATION OF CONDOMINIUM FOR
CAMPUS QUARTERS ONE, A CONDOMINIUM
LEGAL DESCRIPTION
All that tract or parcal of land; together with all
aide of East Campus Road in the 1467th G.M.D., Clarke County, improvements thereon, altuate, lying and being on the southerly Georgia, being more particularly described as follows: Beginning at an iron pin found on the southarly side of the right-of-way of East Campus Road, eaid iron pin being located South 74 degrees 59 minutes 31 seconds East 110.96 feet from an iron pin found on the northerly side of the right-of-way of Last Campus Road, the latter iron pin found being located 611.0 side of the right-of-way of fast Campus Road from the feet along the back of tha sidawalk running along the northerly aide of the right-of-way of East Campus Road and running thence conterline, of Milledge Extension; thence leaving the southerly along property now or formerly of the University of Georgia South 05 dagrees 54 minutes 31 seconds Bast 175.08 feet to an Julia M. Wilkinson. Estate South 84 degrees 49 minutes 08 iron pin found; thence along property now or formerly of the seconds West'264.39 feat to an iron pin found; thenca along property now or formerly of Dogwood company North 16 degrees. 45 ainutes 51 saconds Neat 127.40 feet to an iron pin foand. on: the southerly. side of the right-of-way of fast Campus Road; thance along the southerly side of the right-of-way of fast: Campus. Road North 74 degrees 58 sinutas 00 seconds Rast 292.10 feet: to. the beginning iron pin found.
AMENDED DECLARATION OF COHDOMIHIOM FOR EXHIBIT "B" TO
CAMPUS QUARTERS ONE, A CONDOMINIUM.
UNIT BOUNDARIES
Kach Unit shall have as a lower horizontal boundary the horizontel plane of the upper surface of the concrete alab which serves as the alternative, the horizontal plane of the upper surface of the the floor for that unit' (in the case of ground floor units) or in upper unit). Joists which serve as floor joists for the unit (in the case of an horizontal plane of the lower surface of the joista which support The upper horizontal boundary of a unit shall be the the floor of the unit abova or the horizontal plane of the lower surface of the flooz joists for the attic space beneath the roof of the building (in the case of a top floor Unit). as well am the roof, the decking and rafters supporting the roof (Said Joists, and the attic space being Common Elements). artical boundarias of a Unit shall be the interior unfinished The perimetrical or interior conzon walla betwaen unite. In interpreting deeds and surface of the outside walls of the Unit and the canterline of plans, the exiating phyaical boundaries of a Unit as originally constructed or of a Unit reconstructed in substantial accordance be ite boundaries, rather than the metas and bounds expressed in with the original plans thareof shall be conclusively presumed to how on the plan or in a deed and those of the Unit. Extarior uny deed or plan, regardless of settling or lateral boundaries doors and exterior glass surfaces, such as windowa serving a Unit, shall be included within the boundaries of the Unit. Also, compressor and condenser for an air-conditioner. and appliances heating and air-conditioning systems serving a Onit, auch as the and plumbing fixtures within a Unit shall be construed to be a part of the Unit. pipes, bearing walls, bearing columns, or any other apparatus lle If any chutes, flues, ducts, conduits, wires, partially within and partially outside of the designated boundaries of a Unit, shall be deemed a part of that Unit, while any portions thereof any portions thereof serving only that Unit shall be deemed a part of the Common Elementa. serving more than one Unit or any portion of the Common Blements
AMENDED DECLARATIOH OF CONDOMINION POR
CAMPUS QUARTERS ONE, A CONDONINIUM
CERIT FI CATIOH
STATE OF GRORGIA
COUNTY OF CLARKE
AEPORE ME came in person Chip Elloitt, AIA of Elliott and Associates, P.C., who, having bear duly sworn, on oath says as follows:
That he la a Registered Architect in the State of Georgia, and that He 1e familar with "Campus Quarter One, a Condominium" located at 655 Fast Campus Road, Clarke County, Georgia and that to the beat of hie kowledge and in his professional opioion:
(a) that the exterior walls and roof of the structure are in place as shown on the plans indentified below;
(b) that the walls, floorm and callings as shown on the plans constitute the horizontal and vertical boundaries of each anit and are constructed in a mannar to as to clearly establish the physical boundaries of such uniti (a) that the plans "plans of Campus Quarters One, a Condominim" are to be filed In the Office of the Clerk of the Superiox Court of Clarke County, Georgia, simultaneously with the filing of the Declaration will be attached to such Declaration. of Condominium for Campus Quarters Ona, a Condoninina, and this cartificate sworn to and subscribed batore me this 8 day of Sepharde, 1986.
Chip Blllott
Thofficial Witness
chey 230-7 Sopt, 1986
N07Age / Publia
HIAL SEALI mion Ixpiration Datei
VOL o court :, Georgia
May: 14, 1990
EXHIBI PẠỊ TO
NOILVMHOENI TINO KOININOONOS
PERCANTAGX SALOA NI LENINI UNIT NO. TING Va SENNI NONNOO
400 2.5x 400 2.5% 400 2.5% 400 2.5X 400 2,5% 400 2,-X 400 2.8X 400 2.5X 400 2.5% 40Q 2.5K 400
NONNNMN
**
2
2_5%
Ạạ / 664 P:OE.300
AMENDED DECLARATION OF CONDOMINIUM FOR PARIBIT "EM TO CAMPUS QUARTERS ONE, A CONDOMINIUM 1. USE RESTRICTIONS
conducted on the portions of the Property designated for Business Activities. No business activities shall be not apply to the business activities, signs and billboards of residential use: provided, however, the foregoing restriction shall Declarant holda any Unit primarily for sale to third parties. Declarant, its agenta or assigns, during the sale period in which no "For Sale" or 2. Except as may be required by legal proceedings, kind shall be maintained or permitted on any portion of the " or por Rent signe or advertieing posters of any Directors of the Association first having been obtained. Property without the express written peraiasion of. the Board of approval of signs and posters-shall be upon such conditions as may Tha from time to time be determined by the Board of Directors; provided, however, this provision shall not apply to Declarant. Approval for signs and advertising material for commercial space shall not be unreasonably withheld and shall be deemed granted if has been submitted to the Association.. not disapproved within ten (10) days after written request therefor number of generally recognized house pete, shall be kept af No animals or birds, other than a reasonable maintained on any portion of the Property, and then only if they are kept or maintained solely as dosestic pets and not for unreasonable amount of npise, or to become a nuisance. No commercial purposes. No animal or bird shall be allowed to make an Unit. bird shall structure for the care, housing or confinement of any animal or be constructed or maintained outaide any area serving a: Common Elemants. Pete shall be under leash when walked or exercised in the Failure to use a leash as required herein will Association for the firat and second offenses, said fine to be result in a fine being levied againat. the Unit owmer by the determined by the Association. In case of a third such offense by any Unit Owner, any necessary action may be taken by the of the pat. Association, including, without limitation, assessing a greater. fine againat the Unit Owner or requiring the Unit Owner to dispose herein shall constitute a lien in favor of the Association on that Any fine assessed against a Unit Owner as provided 1.01 of Article IV of the Declaration. Upon the written request of Unit Owner's Unit in the same manner as that enumerated, in Section any Unit Owner, the Board of Directors of the Association shall conclusively determine, in its sole and absolute discretion, bird is a ganerally recognized house pet, or a nuisance, whether for the purposes of this section, a particular animal or Further, notwithstanding the foregoing provisions hereoi, no the number of animals. or birda in any Unit is unreasonable. or whether. bird shall be constructed or maintained within any area which is structure for the care, housing or confinement of any animal or not fully enclosed unless the same shall be approved in writing by the Board of Directors of the Association. enjoyment of the Common Elements and facilities by the Unit Owners, Use Of Common Areas and Facilities. The use and whall be subject to such reasonable rules and regulations as may be their families, visitors, gueats, custoners, servanta and agenta, Daclaration and By-Lame of the Association. It la expressly made and amended fror time to time. in accordance with the acknowledged and agreed by sil parties concerned that this section' le for the mutual benefit of all Unit owners in the Condominium and is necemmary for the protection of Unit Owners.
trang incion of reception of television inala, radio signale, or No antanna or other device for the maintained outdoors on any portion of the Property, whether any form of alactromagnetic radiation shall be erected, used or however, Declarant and the Association shall have the right to attached to a building or structure or otherwise, provided, erect, conatruct and saintain such devices.
5 - Exterior Appearance.
harmonious appearance throughout the Condominius, no awnings, shades or screens shall be attached to, hung or used on the consent of the Board of Directors of the Association. exterior of any window or door of a Unit without the prior written foil or other reflective material shall be used on any windows Further, no for air-conditioning units be installed. aun screens, blinds or any other purpose, nor shall any window any window or door ahall be white or off-white. Windmills, solar and other window treatments visible from the exterior of a Unit on drying or airing clothes are specifically prohibited and shall not panels and outside clothes lines or other outaide facilities for shall any clothing, rugs or any other item be hung on a railing or be erected placed or maintained on any portion of the Property, nor fence enclosing any deck, porch or patio.
(including both those mounted as a part of the original location, size, intensity and color of all exterior lights construction of tha Property or otherwise in place at the time of conveyance of a Unit to an Owner and thoss mounted with the consent Board of Directors. of the Board of Directors) shall be subject to the control of the
Nuisances. No rubbish'or debris. of any kind shall be Property, and no odors shall be permitted to arise therefros, so we dumped, placed or permitted to accumulate upon any portion of the to render any portion thoreof unsanitary, unsightly, offanaive or. detrimental to persons using or occupying other. portions of' property. No nuisance shall be permittad to axiat or operate upon‹ the. any portion of the Property'so as to be offensive or detriaental to persons using or occupying other portions of the Praperty. limiting the generality of any of the foregoing provisions, no Without exterior speakers, horns, whistles, bella 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 family, servants, agents or guests) who shall dump or place any trash or debris upon any portion of the Property shall be liable to tha Association for the actual cost of the remaval hereof or the sum of 925.00 whichaver is greater, and the same next coming due to which the Unit Owner 1s subject. shall be added to and becone part of that portion of any assesament
9 - Frohibited Activities. Noxious or offensive activities shall not ba carried on in any Unit or in the Coamon Elements and facilities. Each Unit Owner, his fanily, viaitors, guests, customers, servants and agents shall refrain from any act or use of his Unit or the Common Elements and facilities which could to the occupants of the Units, or which could result in the reasonably cause embarrassment, discomfort, annoyance or nuisanca Elemente and facilities, or which would be in violation of any law cancellation of insurance on any Unit or any portion of the Common or governmental code or regulation.
hereby specifically provided that the following uses shall be Without limiting the generality of the foregoing, it ia halla, and/or (3) distribution or aale of litarature or any other (1) game rooms, (2) cance designed primarily for adult entertainment. activity which may be considered lewd, indecent, pornographic or
-2~1
hobbies or other attituding sonically, without The pureuit of limiting the generality of the. foregoing, the assembly and disasgembly of notor vehicles and other mechanical davices, which might tend to cause disorderly, unsightly or unkempt conditions, shall not be pursued or undertaken on any portion of the Property.
No Discrimination. No action shall at any time be caken by the Association or its Board of Directors which in any manner would discriminate against any Unit Owner or Unit Gwners in favor of any other Unit Owner or Unit Ompere.
12 - Governmental Regulations. All governmental building codes, health regulationa, zoning restrictions and the likeapplicable to the Property aball be observed. conflict batween any proviaion: of any such governmental coda, In the event of any regulation or restriction and any provision of this Declaration, the sore restrictive provision shall apply,
13. Sale Period. Notwithstanding any provisions contained in the Declaration to the contrary, it shall be expresaly peraiseible for Declarant and its duly authorized agenta, representatives and employees to maintain and carry on, during the period of the sale of the Units, upon such portion of the Property as Declarant say deem nécessary, such facilities and activities as in the sole opinion of Daclarant may be ressonably required,. convenient or incidental to the renovation and sale of said Unite, including; but without limitation, offices, signs and sodel. Unite, the right to maintain and carry on such facilities and activities shall include specifically the right to use a model Onit and. parking faoilities adjacent thereto for such porposes.