Covenants, Phase 1
WOOD LAKE CONDOMINIUMS
Phase I Articles of Incorporation and
Bylaws
INFORMATION AND CONDOMINIUM INSTRUMENTS
FOR WOOD LAKE CONDOMINIUM
INDEX TO DOCUMENTS REQUIRED
BY O.C.G.A. 44-3-111 FOR
WOOD LAKE CONDOMINIUM
1. Floor Plan of the Unit.
Declaration of Condominium for Wood Lake
Condominium.
Articles of Incorporation for Wood Lake
Condominium Association, Inc.
Bylaws for Wood Lake Condominium Included as Association, Inc. Exhibit "G" of the Declaration
Ground Lease or other underlying lease Does not of all or any part of the Exist Condominium
Management, Maintenance, and/or Does not other contracts for the manageExist ment and operation of either the
Association, the Condominium or
the facilities to be used by the Unit
Owners having a term in excess of
one year.
Estimated or actual operating budget for
the Condominium for the current year.
Estimated or actual expenses pertaining
to each Condominium Unit for the
current year.
Lease of recreational other facilities Does not that will be used only by the Unit Owners Exist 10.- Lease of recreational or other facilities
that will or may be used by Unit Owners
in common with any other person
11. Statement setting forth the extent of Included as and conditions or limitations Exhibit Fm applicable to Declarant's of the Deccommitment to build and laration submit additional Units, addiand
tional recreation or other Included in facilities or additional property the Lease required at Number 10 above
STATE OF GEORGIA
COUNTY OF CLARKE DECLARATION OF CONDOMINIUM
FOR
WOOD LAKE CONDOMINIUM
THIS DECLARATION, made this day of _, 1985, by WOOD LAKE 30606 (hereinafter referred to as "Declarant"). LTD.-I, having an office at 396 Epps Bridge Road, Athens, Clarke County, Georgia,
WITNESSETH:
WHEREAS, Declarant is the fee simple owner of all that tract or parcel of land (hereinafter referred to as the "property"), described in Exhibit "A" attached hereto and by this reference made a part hereof, and the improvements situated thereon, and desires to submit the Property and the improvements to the provisions of to as the "Act"); and the Georgia Condominium Act (Ga. L. 1975, p. 609, 51) (hereinafter sometimes referred
WHEREAS, the Property is shown on that certain plat of survey entitled "Survey for Wood Lake Condominium" by Ben Mcleroy & Associates, Inc., dated
1984 (hereinafter referred to as the "Plat"), recorded in Condominium Plat Book
• in the Office of the Clerk of the Superior Court of Clarke County, Georgia;
for Wood Lake Condominium" dated WHEREAS, said improvements are shown on those certain drawings entitled "Plans
• 1984 (hereinafter referred to as the "plans"), recorded in Condominium Plans Drawer No. — in the Office of the Clerk of the Superior Court of Clarke County, Georgia;
NOW THEREFORE, Declarant hereby declares that the Property described in Exhibit "A" hereto, including the improvements thereon, is hereby submitted and made subject Declaration. to the form of ownership set forth in the Act, and is hereby made subject to this
The Property shall be owned, held, transferred, sold, conveyed, used, occupied and mortgaged or otherwise encumbered subject to the provisions of the Act and this Declaration, and every grantee of any interest in the Property by acceptance of a dead or other conveyance of such interest, whether or not such deed or other conveyance of such interest shall reference the Act and this Declaration, and shall be signed by such person, and whether or not such person shall otherwise consent in writing, shall take subject to the provisions of the Act and this Declaration and shall be deemed to have assented to the same.
ARTICLE I
STATUTORY REFERENCE
1.01 Georgia Condominium Act. This Declaration is made pursuant to Title 44, Chapter 3, Article 3 of the Official Code of Georgia Annocated known as the "Georgia Condominium Act" (Ca. L. 1975, p. 609, $1).
specified or unless the context otherwise requires, shall have the meanings specified 3225100 in Title 44, Chapter 3, Article 3 of the Act.
Declaration (unless the context otherwise requires), the following words shall heve the following asociacionishall mean and refer to Wood Lake Condominium Association,
Inc.. a non-profit Georgia corporation, its successors and assigns. "Property" shall mean and refer to the real property described in Exhibit "A" hereto, which is hereby subaitted to the form of ownership prescribed in the Act and to the provisions of this Declaration.
(c) "By-Laws' shall mean the By-Laws of the Association which shall be recorded with the Declaration as Exhibit "C", attached hereto and by this reference made a part hereof.
ARTICLE II
PROPERTY RIGHTS
Name and General Description, The name of the Condominium, which 18 located on Wood Lake Drive, Athena, Georgia, shall be Wood Lake Condominium. in Exhibit Condominium• i" The Condominium consists of the Property, deacribed by sates and bounds hereto, together with the improvements situated thereon.
improvements, including those improvemencs depicted on the Plat as 'Not Yer Begun, include, but are not limited to, five ") buildings which contain a total of eighteen
of Residential Units. Each Unit (including its undivided Elements in the percentages hereinafter established and delineated) shall for all puroses constitute real property which may be owned in fee simple and which, subject to the provisions of the Act and this Declaration, may be transferred, conveyed and encumbered in the same manner as any other real property. Such undivided interest in the Common Elements shall not be separated from the Unit to which it appertains and shall be deemed to be conveyed or encumbered with the Unit even though such interest is not expressly stated or referred to in the conveyancing
The boundaries of each Unit shall be deemed to be the walls, floors and/or ceilings thereof, as more particularly described in Exhibit "p" attached hereto and by this reference made a part hereof. The location and dimensions of the boundaries of each Unit, to the extent that such boundaries lie within or coincide with the boundaries of every structure which contains or constitutes all or part of any Unit, are depicted on the Plat and Plans. Prior to the first conveyance of any Unit by Declarant, Declarant will cause a certificate in the form of Exhibit "C" attached hereto, which is by this reference made a part hereof, to be recorded in accordance with the provisions of the Act. The Units are identified in the Plans by the Unit identifying numbers shown on Exhibit "D" 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 Elements, voting rights in the Association and liabilities for Common Expenses to each
Description of Limited Common Elements. Supplementing the provisions of the Act, ownership of each Unit shall entitle the owner thereof to the exclusive use of those portions of the Common Elements consisting of (a) any heating and/or air conditioning compressors, units, components or other apparatus serving such Unit which may be located beyond the boundaries thereof, (b) any entranceways, stairways and appurtenant fixtures and facilities providing direct access to the Units, (c) any patio or balcony, together with the enclosure therefor, now or hereafter located in whole or in part adjacent to a Unit, and (d) any detached covered parking or any parking spaces or storage facilities designated for the use of a particular Unit or Units. In the event that any of the items described herein or in the Act serve one or more Units but less than all of the Units in the building, such items shall be Limited Common Elements appurtenant to the Unit or Units served thereby.
2.04 Description of Common Elements; Use Charges.
consist of all portions of the Condominium other than the Units, and shall include, without limitation, the grounds, outside parking areas, storage and laundry areas, halls, lobbies, elevators, stairwells and any amenities area. The Association is hereby granted the right at any time and from time to time to impose charges for the use of certain of the Common Areas, including, without limitation, the parking, storage 2.05 laundry areas and any amenities area.
Easements.
Unit Owners, the Association and Declarant are hereby reserved and established:
(a) Use and Enjoyment.
representatives, heirs and assigns, family, tenants and guests, shall have a right and easement of use and enjoyment in and to the Common Elements (including the right of access, ingress and egress to and from his Unit over those portions of the Property designated for such purpose) and such easement shall be appurtenant to and shall pass with the title to every Unit, subject to the following provision: The right of the Association to control the use and enjoyment thereof as provided in Articles VIII and IX hereof;
(b) Maintenance and Repair. There shall be an easement through the Units, the
Common Elements and the Limited Common Elements for the installation, maintenance, repair and replacement of Units, the Common Elements and the Limited Common Elements. Use of this easement shall be only during normal business hours, except that access may be had at any time in the case of emergency;
(c) Structural Support.
structural support of another Unit shall be burdened with an easement of structural support;
(d) 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
(e) General. (1) There shall be a general easement to the Association, its directors, officers, agents and employees (including, but not limited to, any manager employed by the Association) to enter upon the Condominium or any portion thereof in the performance of their respective duties. Except in the event of emergencies, this easement is to be exercised only during normal business hours and then, whenever practicable, only upon advance notice to and with the permission of the Unit Owner (s) directly affected thereby; (11) Declarant and his duly authorized agents, representatives and employees shall have an easement for the maintenance of sales offices
reinforcing rod; thence South 48 degrees 03 minutes 16 seconds East 473.80 feet to a one-half inch reinforcing rod; thence South 49 degrees 02 minutes 13 seconds East 94.59 feet to a one and one-half inch pipe; thence South 48 degrees 41 minutes 55 seconds East 74.93 feet to a one-half inch reinforcing rod on the Northerly right-of-way of said Epps Bridge Road; thence along said Epps Bridge Road South 34 degrees 14 minutes 34 seconds West 163.52 feet to a one-half inch reinforcing rod; thence along said Epps Bridge Road in an arc, the radius thereof being 2,765.13 feet, in a Southwesterly direction 334.90 feet to a one-half inch reinforcing rod, the chord of said arc being South 37 degrees 42 minutes 45 seconds West 334.70 feet; thence along said Epps Bridge Road South 42 degrees 00 minutes 40 seconds West 80.00 feet to a one-half inch reinforcing rod; thence along said Epps Bridge Road in an arc, the radius thereof being 2,765.13 feet, in a Southwesterly direction 456.1l feet to the beginning one-half inch reinforcing rod, the chord of said arc being South 47 degrees 33 minutes 55 seconds West 455.59 feet.
LESS AND EXCEPT all that tract or parcel of land containing 1.972 acres, more or less, lying and being in the 1467th District, G.M., Clarke County, Georgia, and being more particularly described as follows:
To find the TRUE POINT OF BEGINNING, begin at a one-half inch reinforcing rod set on the Northerly right-of-way of the Epps Bridge Road, said rod being 3,402.42 feet. Southwesterly along the curvature of the northerly right of way of Epps Bridge Road from the Southerly right-of-way of the Atlanta Highway; run thence North 48 degrees 10 minutes 47 seconds West 97.30 feet to a one-half inch reinforcing rod; thence in an arc, the radius thereof being 349.81 feet, in a Northwesterly direction 55.88 feet to a one-half inch reinforcing rod, the chord of said arc being North 43 degrees 36 minutes 13 seconds West 55.82 feet; thence North 39 degrees 01 minutes 38 seconds West 165.70 feet to a one-half inch reinforcing rod; thence in a arc, the radius thereof being 171.25 feet, in a Northwesterly direction 167.07 feet to a one-half inch reinforcing rod, the chord of said arc being North 11 degrees 04 minutes 41 secouds West 160.53 feet; thence North 16 degrees 52 minutes 17 seconds East 232.46 feet to a one-half inch reinforcing rod; thence in an arc, the radius thereof being 171.93 feet, in a Northwesterly direction 102.58 feet to a one-half inch reinforcing rod, the chord of said arc being North 0 degrees 13 minutes 17 seconds West 101.07 feet; thence in an arc, the radius thereof being 171.93 feet, in a Northwesterly direction 90.70 feet to a one-half inch reinforcing rod, the chord of said arc being North 32 degrees 25 minutes 34 seconds West 89.65 feet; thence in an arc, the radius thereof being 824.86 feet, in a Northwesterly direction 297.43 feet to a one-half inch reinforcing rod, the chord of said arc being North 57 degrees 52 minutes 05 seconds West 295.82 feet; thence in an arc, the radius thereof being 281.48 feet, in a Northwesterly direction 54.17 feet to a one-half inch reinforcing rod, the chord of said arc being North 73 degrees 42 minutes 39 seconds West 54.08 feet; thence in an arc, the radius thereof being 281.48 feet, in a Southwesterly direction 187.73 feet to a one-half inch reinforcing rod, the chord of said arc being South 81 degrees 40 minutes 12 seconds West 184.27 feet; thence South 62 degrees 33 minutes 49 seconds West 86.19 feet to a one-half inch reinforcing rod; thence in an arc, the radius thereof being 188.63 feet, in a Southwesterly direction, 179.67 feet to a one-half inch reinforcing rod, the chord of said arc being South 89 degrees 50 minutes 59 seconds West 172.95 feet; thence North 62 degrees 51 minutes 51 seconds West 40.30 feet to the TRUE POINT OF BEGINNING; running thence North 62 degrees 51 minutes 5l seconds West 60.00 feet to a one-half inch reinforcing rod; thence North 13 degrees 16 minutes 38 seconds East 163.00 feet to one-half inch reinforcing rod; thence North 41 degrees 40 minutes 47 seconds East 349.70 feet to a one-half inch pipe; thence South 47 degrees 55 minutes 51 seconds East 82.18 feet to a one-half inch pipe; thence South 48 degrees 17 minutes 28 seconds East 80.00 feet to a point; thence South 23 degrees 48 minutes 01 seconds West 218.00 feet to a point; thence South 60 degrees 47 minutes 00 seconds West 285.68 feet to the TRUE POINT OF BEGINNING.
The above-described property is conveyed subject to that certain easement for ingress and egress in favor of Ronald M. Clements, reserved in that certain Warranty Deed from Ronald M. Clements to Wood Lake Ltd.-I, dated August 7, 1984, and recorded in Deed Book 475, page 26, Office of the Clerk of the Superior Court of Clarke County, Georgia. The above-described property is also conveyed subject to that certain easement for ingress and egress in favor of Wood Lake Condominium Association, Inc., and all of the current and future members thereof, as reserved in the Exhibit "A" hereto.
ALSO, all that tract or parcel of land, which may be hereinafter acquired by Declarant, containing 10.863 acres, more or less, lying and being in the 24lst District and 1467th District, G.M., Clarke County, Georgia, and being more particularly described as follows:
To find the TRUE POINT OF BEGINNING, begin at a one-half inch reinforcing rod set on the Northerly right-of-way of the Epps Bridge Road where the herein described property corners with property now or formerly of Dukes, said rod being 3,938.53 feet Southwesterly along the curvature of the said Northerly right-of-way of the Epps Bridge Road from the Southerly right-of-way of the Atlanta Highway; running thence North 56 degrees 25 minutes 17 seconds West 258.92 feet along the line of Dukes to an iron pin found, said iron pin being the TRUE POINT OF BEGINNING; running thence South 44 degrees 23 minutes West 364.0 feet to an iron pin set; thence North 31 degrees 24 minutes 27 seconds West 121l.54 feet to an iron pin set; thence South 71 degrees 43 minutes 00 seconds East 1136.14 feet to a rock with a "+" mark; thence South 24 degrees 45 minutes 12 seconds West 459.59 feet to the TRUE POINT OF BEGINNING.
ALSO, all that tract or parcel of land, which may be hereinafter acquired by Declarant, containing 10.722 acres, more or less, lying and being in the 1467th District, G.M., Clarke County, Georgia, and being more particularly described as follows:
To find the TRUE POINT OF BEGINNING, begin at a one-half inch reinforcing rod set on the Northerly right-of-way of the Epps Bridge Road, said rod being 2,904 feet Southwesterly along the curvature of the said Northerly right-of-way of Epps Bridge Road from the Southerly right-of-way of the Atlanta Highway; running thence North 48 degrees 41 minutes 55 seconds West 74.93 feet to a one and one-half inch pipe; thence North 49 degrees 02 minutes 13 seconds West 94.59 feet to a one-half inch reinforcing rod; thence North 48 degrees 03 minutes 16 seconds West 473.80 feet to a one-half inch reinforcing rod; thence North 48 degrees 12 minutes 15 seconds West 318.36 feet to the TRUE POINT OF BEGINNING; running thence North 48 degrees 12 minutes 15 seconds West 91.74 feet to a one-half inch pipe; thence North 48 degrees 17 minutes 28 seconds West 308.81 feet to a one-half inch pipe; thence North 47 degrees 55 minutes 51 seconds West 82.18 feet to a one-half inch pipe; thence North 48 degrees 11 minutes 08 seconds West 38.77 feet to a one-half inch pipe; thence North 49 degrees 35 minutes 20 seconds West 59.86 feet to a one-half inch reinforcing rod; thence North 48 degrees 05 minutes 01 seconds West 194.91 feet to a one-half inch pipe; thence North 47 degrees 28 minutes 43 seconds West 115.69 feet to a one-half inch reinforcing rod; thence North 48 degrees 10 minutes 29 seconds West 460.70 feet to a 5/8ths inch rod; thence North 35 degrees 25 minutes 44 seconds East 343.70 feet to a 3/4ths inch shaft; thence South 56 degrees 43 minutes 09 seconds East 87.40 feet to au iron pin found; thence South 56 degrees 43 minutes 09 seconds East 89.75 feet to an iron pin found; thence South 56 degrees 43 minutes 09 seconds East 287.23 feet to an 1ron pin found; thence South 56 degrees 43 minutes 09 seconds East 368.07 feet to a point; thence along the meanderings of a branch South 43 degrees 04 minutes 01 seconds East 113.39 feet to a point; thence along the meanderings of said branch South 61 degrees 36 minutes 39 seconds West 73.03 feet to a point; thence along the meanderings of said branch South 0l degrees 59 minutes 50 seconds East 162.80 feet to & point; thence along the meanderings of said branch South 29 degrees 05 minutes 18 seconds East 73.04 feet to a point; thence along the meanderings of said branch South 48 degrees 22 minutes 43 seconds East 83.12 feet to a point; thence along the meanderings of said branch South 09 degrees 43 minutes 27 seconds West 128.64 feet to a point; thence through a pond South 01 degrees 16 minutes 38 seconds West 90.78 feet to a point in said pond; thence through said pond South 51 degrees 22 minutes 12 seconds East 63.79 feet to a point; thence along the meanderings of said branch South 23 degrees 26 minutes 38 seconds West 74.69 feet to the TRUE POINT OF BEGINNING.
STATE OF GEORGIA
COUNTY OF CLARKE
FIRST AMENDMENT TO THE DECLARATION OF CONDOMINIUM
FOR WOOD LAKE CONDOMINIUM
THIS FIRST AMENDMENT TO THE DECLARATION OF CONDOMINIUM FOR WOOD LAKE CONDOMINIUM made this 12th day of June, 1985, by Wood Lake Ltd.-I, a Georgia limited partnership formed pursuant to the Ceorgia Uniform Limited Partnership Act, whose address is 396 Epps Bridge Road, Athens, Clarke County, Georgia, 30606 (hereinafter referred to as "Declarant").
WIINESSETH:
WHEREAS, the Declaration of Condominium for Wood Lake Condominium was executed by Declarant on June 4, 1985, and recorded on June 6, 1985, in the Office of the Clerk of the Superior Court of Clarke County, Georgia, in Deed Book 538, page l1; and
WHEREAS, the plat for Wood Lake Condominium was recorded in Condominium Plat Book 1, page 158, said Clerk's Office; and
Drawer No. 70, said Clerk's office; and WHEREAS, the for Wood Lake Condominium were recorded in Condominium Plans Declaration as, ceraid eire; a were made in the legal descriptions contained in baid
WHEREAS, Declarant desires to correct said errors;
NOW, peclaration of Condominium for Wood Lake Condominium is hereby amended as THEREFORE, for and in consideration of the mutual convenants contained follows:
The plat recorded in Condominium Plat Book 1, page 158, said Clerk's Office, shall be of no force or effect whatsoever as to Wood Lake Condominium. The plat for the initial Submitted Property for Wood Lake Condominium shall be that plat of survey entitled "survey for Phase One Wood Lake Condominium" by Ben Mcleroy & Assoc, said Clerk's Office. dated April 16, 1985, recorded in Condominium Plat Book 1, page
Article II, Section 2.01 of the Declaration is deleted in its entirety and the following Article II, Section 2.01 submitted in lieu thereof:
"2.01 Name and General Description. The name of the Condominium, which 18 located on Wood Lake Drive, Athens, Georgia, shall be Wood Lake Condominium.
Condominium consists of the Property, described by metes and bounds in Exhibit "A" hereto, together with the improvements situated thereon. The improvements include, but are not limited to, two (2) buildings which contain a total of nine (9) Units."
Exhibit "A" to the Declaration is deleted in its entirety and the Exhibit "A" attached hereto and by this reference made a part hereof 1s submitted in lieu thereof.
Exhibit "p" to the Declaration is deleted in its entirety and the Exhibit "D" attached hereto and by this reference made a part hereof is submitted in lieu thereof.
5. Exhibit "F" to the Declaration is deleted in its entirety and the Exhibit "p" attached hereto and by this reference made a part hereof is submitted in lieu thereof.
Except as provided herein, all other terms and provisions of said Declaration shall remain in full force and effect and are hereby ratified and confirmed by Declarant.
IN WITNESS WHEREOF, the undersigned Declarant has caused this first Amendment to Declaration of Condominium for Wood Lake Condominium to be executed by its General Partner the day and year first above written, and is joined in by all owners of Units in the Condominium.
WOOD LAKE LTD. -I
BY :
RONALD M. CLEMENTS, General Partner Signed, sealed and delivered
in the presence of:
WITNESS
NOTARY PUBLIC
EDWARD A. VAHALA
ALBENA ANN VAHALA
Signed, sealed and delivered
in the presence of:
WITNESS
NOTARY PUBLIC
STATE OF GEORGIA 11 1231 8 COUNTY OF CLARKE
SECOND AMENDMENT TO THE DECLARATION OF CONDOMANHEOAP 322
FOR WOOD LAKE CONDOMINIUM 12-29-85
SECOND AMENDMENT TO THE DECLARATION OF CONDOMINIUM FOR WOOD LAKE CONDOMINIUM made this 23/day of October, 1985, by Wood Lake Ltd.-1, a Georgia limited partnership formed pursuant-to the Georgia Uniform Limited Partnership Act, whose address 18 396 Epps Bridge Road, Athens, Clarke County, Georgia, 30606 (hereinafter referred to as "Declarant").
WITNESSETH:
WHEREAS, the Declaration of Condominium for Wood Lake Condominium was executed by Declarant on June 4, 1985, and recorded on June 6, 1985, in the Office of the Clerk .of the Superior Court of Clarke County, Georgia, in Deed Book 538, page 11; and
WHEREAS, the First Amendment to the Declaration of Condominium for Wood Lake Condominium was executed by Declarant on June 12, 1985, and recorded on June 17, 1985, in said Clerk's Office, in Deed Book 539, page 334; and
WHEREAS, the plat for Wood Lake Condominium, as revised, was recorded in Condominium Plat Book 1, page 159, said Clerk's Office; and
WHEREAS, the plans for Wood Lake Condominium were recorded in Condominium Plans Drawer No. 70, said Clerk's Office; and
WHEREAS, under the provisions of Article 2.10 of said Declaration, as amended, Declarant reserved the right to expand the Condominium by submitting additional property thereto upon which additional Condominium Units would be constructed and further to modify and amend the provisions of the Declaration of Condominium to reflect any such expansion and to make adjustments in the voting rights and ownership of the common elements and limited common elements resulting therefrom;
NOW, THEREFORE, for and in consideration of the mutual convenants contained herein, the Declaration of Condominium for Wood Lake Condominium, as amended, 1s hereby further amended as follows:
The property submitted hereby to the Declaration of Condominium for Wood Lake Condominium, a6 amended, 1s particularly shown as "Parcel C (Rev.) 1.006 acres" on that certain plat of survey entitled "Survey for Phase I, Wood Lake Condominiu" prepared by Ben Mcleroy and Associates, Inc., dated April 16, 1985, last revised December 10 1985, which plat 1s recorded in Condominium Plat Book 1, page 18Q s Office, said property being more particularly described in 'the Exhibit' "A-1" attached hereto and by this reference made a part hereof.
2. Exhibit "C-l' entitled "Certification Parcel C (Rev.)", attached hereto and by this reference made a part hereof, is hereby added to the Declaration of Condominium for Wood Lake Condominium, as amended.
The aforesaid Declaration of Condominium for Wood Luke Condominium, amended, 1s hereby modified and amended to the extent that the Exhibit "D" entitlec Condominium Unit Information, attached to said Declaration, as amended, is hereby deleted in its entirety and the Exhibit "p" entitled "Condowinium Unit Information''' attached hereto and by this reference made a part hereof, is submitted in lieu thereof.
The improvements contained within the newly submitted property are shown on those certain drawings entitled "Plans for Wood Lake Condominiun Parcel C (Rev.)" dated Clerk's office. , 1985, and are recorded in Condominium Plans Drawer No. & in said
Except as provided herein, all other terms and provisions of said Declaration, as amended, shall remain in full force and effect and are hereby ratified and confirmed by Declarant.
210K 520 P:CE 322
011824
IN WITNESS WHEREOF, the undersigned Declarant and all mortgagees of the Parcel C (Rev.) property have caused this Second Amendment to Declaration of Condominium for Wood Lake Condominium to be duly executed and sealed the day, month and year first above written.
WOOD LAKE LTD. -I
BY : dime tenants RONALD M. CLEMENTS, General Partner
Signed, sealed and delivered
the presence of:
sebardh e nor
WITNESS
Matery Public, Choicia Statest-Leme
ARY PUBLIC My Commission Expires June 17, 1003.
Sworn to and subscribed before me
this ' day of October, 1985.
ATHENS FEDERAL SAVINGS BANK
Shina. Foul sVP. BY :_
ATTEST: BOL te Frien
Signed, sealed and delivered
inthial Dril
INGTARY PUBLIC
thie 3d subscribed before ne Sworn to
day of October, 1985.
Notary Public, Georgia State at Large
My Commission Expires Feb. 19, 1989
CHOK 590 PAGE 323
OFFICE OF SECRETARY OF STATE
I, Max Cleland, Jecretary of State of the State of Georgia, do hereby certify thai
WOOD LAKE CONDOMINIUM ASSOCIATION, INC."
has been duly incorporated under the laws of the State of Georgia on the 11th
day of October, 19 84, by the filing of articles of incorporation in the office of the
Secretary of State and the fees therefor paid, as provided by law, and that attached hereto is a true
copy of said articles of incorporation.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of my office, at the Capitol, in the City of Atlanta, this 11th day of October in the year of our Lord One Thousand Nine Hundred and Eighty Four and of the Independence of the United States of America the Two Hundred and Nine.
Mar Cland
SECRETARY OF STATE, EX-OFFICIO CORPORATION COMMISSIONER OF THE STATE OF GEORGIA
ARTICLES OF INCORPORATION
OF
WOOD LAKE CONDOMINIUM ASSOCIATION, INC.
1.
The name of the corporation is WOOD LAKE CONDOMINIUM ASSOCIATION, INC.
2.
The corporation is incorporated under the Georgia Non-Profit Corporation Code and shall have perpetual duration.
3.
The corporation is organized for the following purposes: (a) To make and collect assessments against members to defray the costs of maintaining, repairing, replacing and operating the property of the corporation and to purchase insurance for the protection of the corporation, its property and its members;
(b) To make and amend reasonable regulations with respect to the use of the property of the corporation;
(c) To approve or disapprove the transfer, mortgage and ownership of condominium units as may be provided by the Condominium Declaration and by the by-laws of the corporation;
To enforce by legal means the provisions of the Georgia Condominium Act, and Condominium Declaration, these articles, the by-laws of the corporation, and regulations for the use of the corporation's property;
(e) To contract for the management of the property of the corporation and delegate to such contractor all powers and duties of the corporation except such as are specifically required by the Condominium Declaration to have approval of the Board of Directors or the membership of the corporation;
(f) To contract for the management or operation of FORTION, BENTLEY portions of the common elements of the corporation's property A Professonal Associaties & GAITIN susceptible to separate management or operation, and to lease such 40 COLLEGE AVENUE. N. ATTORNEYS AT LAW
P.O. 80X 1746 SUITE D portions;
ATHENS, GA 30412
(g) To engage in all related or incidental activities necessary, convenient or expedient to the carrying on of the activities described above.
The corporation is not organized for pecuniary gain or profit and shall be without capital stock; and no part of the net earnings of the corporation shall be used to the benefit of any member, trustee or officer of the corporation or private individual (except that reasonable compensation may be paid for services rendered to or from the corporation affecting one or more of its purposes). No member, trustee or officer of the corporation or private individual shall be entitled to share in the distributions of any of the corporate assets on dissolution of the corporation. No substantial part of the activities of the corporation shall be carrying on propaganda, or otherwise attempting to influence legislation; and the corporation shall not participate in or intervene in (including the publication or distribution of statements) any political campaign on behalf of any candidate for public office. Notwithstanding any other provision of these Articles, the corporation shall not conduct or carry on any activities not permitted to be conducted or carried on by any organization exempt under Section 501(c) (3) of the Internal Revenue Code of 1954, as amended, and regulations promulgated thereunder as they now exist or as they may hereafter be amended, or by an organization, contributions to which are deductible under Section 170(d) (2) of such code and regulations as they now exist or as they may be hereafter amended.
No dividend or return shall ever be declared or paid from the earnings or surplus of said corporation, and no reversionary interest in the property contribution shall be retained by any member.
FORTSON, BENTLEY & GRUTIM
In the event the corporation is dissolved, liquidated, HE COLLEGE AVENUE N ATTORNEYS AT LAW
P.O. AUX 1744 declared insolvent, or terminates its operation for any reason, ATHENS, OR 2062S the assets of the corporation shall be delivered and paid over to an organization which qualifies as axempt from taxation under
Section 501(c) (3) of the Internal Revenue Code of 1954, as amended, and regulations promulgated thereunder as they now exist or may hereafter be amended.
7.
The initial Board of Trustees shall consist of three (3) persons whose names and addresses are as follows:
NAME ADDRESS
Ronald M. Clements 396 Epps Bridge Road
Athens, GA 30607
Ruby H. Clements 396 Epps Bridge Road
Athens, GA 30607
Perry Aycock 396 Epps Bridge Road
Athens, GA 30607
8 .
The internal affairs of the corporation shall be controlled and managed by the Board of Trustees in accordance with the By-Laws of the corporation. Members of the Board of Trustees shall be elected as provided in the By-Laws of the Corporation.
9.
The initial registered office of the corporation shall be 440 College Avenue North, Suite 220, Athens, Georgia, 30613; and the registered agent at that address shall be Wade A. Buser.
10.
The corporation shall operate as provided under the laws of the Georgia Non-Profit Corporation Code, subject to the following restrictions:
(a) The corporation shall distribute its income for each taxable year at such time and in such manner as not to become subject to the tax on undistributed income imposed by Section 4942 of the Internal Revenue Code of 1954, as amended, or corresponding provisions of any subsequent federal tax law.
(b) The corporation shall not engage in any act of self-dealing as defined in Section 4942(c) of the Internal FORTSON, BENTLEY • GaTIN Revenue Code of 1954, as amended, or corresponding provisions of A Protestand Association any subsequent federal tax laws.
40 COLLEGE AVENUE N. ATTORNEYS AT LAW
P.O. BUX 1706 SUITE 220 (c) The corporation shall not retain any excess business ATHENS, CA 20013
holdings as defined in Section 4943(c) of the Internal Revenue
Code of 1954, as amended, or corresponding provisions of any subsequent federal tax laws.
(d) The corporation shall not make any investments in such manner as to subject it to tax under Section 4944 of the Internal Revenue Code of 1954, as amended, or corresponding provisions of any subsequent federal tax laws.
(e) The corporation shall not make any taxable expenditures as defined in Section 4945(d) of the Internal Revenue Code of 1954, as amended, or corresponding provisions of any subsequent federal tax laws.
11.
The corporation shall do all things necessary to comply with TITLE VI of the Civil Rights Act of 1964 (P.L. 88-352) and all requirements imposed by or pursuant to the regulation of the Department of Health, Education and Welfare (45CFT Part 80) issued pursuant to that title, to the end that no person shall be excluded from participation in the activities of the corporation or be otherwise subjected to discrimination on the grounds of race, color, creed, sex or national origin.
12.
The incorporator is Ronald M. Clements, whose address is 396 Epps Bridge Road, Athens, Georgia, 30607.
IN WITNESS WHEREOF, the undersigned has executed these Articles of Incorporation on this the & day of October, 1984, as the duly authorized agent of the corporation.
FORTSON, BENTLEY AND GRIFFIN, .A.. Attorneys for the
Incorporato;
Wade A. Buse BY:
WADE A. BUSER
FORTION, BENTLEY • GUTTIN
A Protessional Association ATTORNEYS AT LAW
HE COLLEGE A VENUE N.
11 100
18.K:106
STATE OF GEORGIA
COUNTY OF CLARKE DECLARATION OF CONDOMINIUM
FOR
WOOD LAKE CONDOMINIUM
THIS DECLARATION, made this ., 1985, by WOOD LAKE LTD.-I, having an office at 396 Epps Bridge Road, Athens, Clarke County, Georgia, 30606 (hereinafter referred to as "Declarant").
WITNESSETH:
WHEREAS, Declarant is the fee simple owner of all that tract or parcel of land (hereinafter referred to as the "Property"), described in Exhibit "A" attached ereto and by this reference made a part hereof, and the improvements situate chereon, and desires to submit the Property and the improvements to the provisions oi to as the "Act"); and the Georgia Condominium Act (Ga. L. 1975, p. 609, 51) (hereinafter sometimes referred for Wood Lake Condominium" by Ben Mcleroy & Associates, Inc., dated WHEREAS, the Property is shown on that certain plat of survey entitled "Survey 1984 (hereinafter referred to as the "Plat"), recorded in Condominium Plat Book
_, in the Office of the Clerk of the Superior Court of Clarke County, Georgia; for Wood Lake Condominium" dated WHEREAS, said improvements are shown on those certain drawings entitled "plans "Plans"), recorded in Condominium Plans Drawer No. _ • 1984 (hereinafter referred to as the the Superior Court of Clarke County, Georgia; in the Office of the Clerk of
NOW THEREFORE, Declarant hereby declares that the Property described in Exhibit "A" hereto, including the improvements thereon, is hereby submitted and made subject Declaration. to the form of ownership set forth in the Act, and is hereby made subject to this
The Property shall be owned, held, transferred, sold, conveyed, used, occupied and mortgaged or otherwise encumbered subject to the provisions of the Act and this Declaration, and every grantee of any interest in the Property by acceptance of a deed or other conveyance of such interest, whether or not such deed or other conveyance of such interest shall reference the Act and this Declaration, and shall be signed by such person, and whether or not such person shall otherwise consent in shall be deemed to have assented to the same. writing, shall take subject to the provisions of the Act and this Declaration and
ARTICLE I
STATUTORY REFERENCE
Condominium Act. This Declaration 1s made pursuant to Title 44, Chapter 3, Articie 3 of the Official Code of Georgia Annotated known as the "Georgia Condominium Act" (Ca, one 197The 1609 deed in this Declaration, unless othervise Definitions. in Title 44, Chapter 3, Article 3 of the Act. specified or unless the context otherwise requires, shall have the meanings specified Declaration (unless the context otherwise requires), the following words shall have In addition, when used in this the following sociationi shall mean and refer to Wood Lake Condominium Association,
"Property' shall mean and refer to the real property described in Exhibit Inc.. a non-profit Georgia corporation, its successors and assigna. "A" hereto, which is hereby submitted to the fora of ownership prescribed in the Act and to the provisions of this Declaration. "By-Laws' shall mean the By-Laws of the Association which shall be this reference made a part hereof. recorded with the Declaration as Exhibit "C", attached hereto and by
ARTICLE II
PROPERTY RIGHTS
Name and General Description, The name of the Condominium, which is located on Wood Lake Drive, Athens, Georgia, shall be Wood Lake Condominium. in Exhibit Condominium "" hereto, together with the improvements situated thereone The Condominium consists of the Property, described by sates and bounds improvements, including those improvemencs depicted on the Plat as "Not Yet Begun". include, but are not limited to, five ") buildings which contain a total of eighteen
Each Unit (including its undivided interest in the Common Elements in the percentages hereinafter established and delineated) shall for all puroses constitute real property which may be owned in fee simple and which, subject to the provisions of the Act and this Declaration, may be transferred, conveyed and encumbered in the same manner as any other real property. Such undivided interest in the Common Elements shall not be separated from the Unit to which it appertains and shall be deemed to be conveyed or encumbered with the Unit even though such interest is not expressly stated or referred to in the conveyancing
The boundaries of each Unit shall be deemed to be the walls, floors and/or ceilings thereof, as more particularly described in Exhibit "p" attached hereto
The location and dimensions of the boundaries of each Unit, to the extent that such boundaries lie within or coincide with the boundaries of every structure which contains or constitutes all or part of
Prior to the first conveyance of any Unit by Declarant, Declarant will cause a certificate in the form of
"C" attached hereto, which is by this reference made a part hereof, to be recorded in
The Units are identified in the Plans by the Unit identifying numbers shown on Exhibit "p" attached hereto and by this reference made a part hereof, which Exhibit also serves to set forth (1) the and (11) the allocation of interests in the Common. Elements, voting rights in the Association and liabilities for Common Expenses to each Unit.
2.03 Description
the Act, ownership of each Unit shall entitle the owner thereof to the exclusive use of those portions of the Common Elements consisting of (a) any heating and/or air conditioning compressors, units, components or other apparatus serving such Unit which may be located beyond the boundaries thereof, (b) any entranceways, stairways and appurtenant fixtures and facilities providing direct access to the Units, (c) any patio or balcony, together with the enclosure therefor, now or hereafter located in whole or in part adjacent to a Unit, and (d) any detached covered parking or any parking spaces or storage facilities designated for the use of a particular Unit or Units. In the event that any of the items described herein or in the Act serve one or more Units but less than all of the Units in the building, such items shall be Limited Common Elements appurtenant to the Unit or Units served thereby.
2.04 Description of Common Elements; Use Charges. The Common Elements shall consist of all portions of the Condominium other than the Units, and shall include, without limitation, the grounds, outside parking areas, storage and laundry areas, halls, lobbies, elevators, stairwells and any amenities area. The Association is hereby granted the right at any time and from time to time to impose charges for the use of certain of the Common Areas, including, without limitation, the parking, storage, laundry areas and any amenities area.
Unit Owners, the Association and Declarant are hereby reserved and established:
Use and Enjoyment.
representatives, heirs and assigns, family, tenants and guests, shall have a right and easement of use and enjoyment in and to the Common Elements (including the right of access, ingress and egress to and from his Unit over those portions of the Property designated for such purpose) and such easement shall be appurtenant to and shall pass with the title to every Unit, subject to the following provision: The right of the Association to control the use and enjoyment thereof as provided in Articles VIII and IX hereof;
(b) Maintenance and Repair. There shall be an easement through the Units, the
Common Elements and the Limited Common Elements for the installation, maintenance, repair and replacement of Units, the Common Elements and the Limited Common Elements. Use of this easement shall be only during normal business hours, except that access may be had at any time in the case of emergency;
(c) 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;
(a) 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
(e) General. (1) There shall be a general easement to the Association, its directors, officers, agents and employees (including, but not limited to, any manager employed by the Association) to enter upon the Condominium or any portion thereof in the performance of their respective duties. Except in the event of emergencies, this easement is to be exercised only during normal business hours and then, whenever practicable, only upon advance notice to and with the permission of the Unit Owner (s) directly affected thereby; (11) Declarant and his duly authorized agents, representatives and employees shall have an easement for the maintenance of sales offices
and/or Model Units in the Condominium for so long as Declarant owns any Unit; and (111) Declarant and his duly authorized agents, representatives and employees shall have an easement on and over the Common Elements and the Limited Common Elements for the purpose of making improvements in and to the Condominium and for the purpose of doing any and all things reasonably necessary and proper in connection therewith.
Allocation of Undivided Interest in Common Elements. Pursuant to the provisions of the Act, the undivided interest in the Common Elements allocated to each Unit is that percentage set forth in Exhibit "p" hereto. The undivided interest in the Common Elements hereby allocated to each Unit shall not be altered except to the extent otherwise expressly provided by the Act or permitted by this Declaration, and any purported transfer, encumbrance or other disposition of that interest without the Unit to which it appertains shall be void.
Alterations of Units. Subject to the provisions of the By-Laws of the Association in effect from time to time, any Unit Owner may make any improvements or alterations to the interior of his Unit that are not of a structural nature and do not impair the structural integrity of any structure or otherwise lessen the support of any portion of the Condominium. No other improvements or alterations of any kind shall be made without the prior written approval of the Board of Directors of the
Subject to the provisions of this Section 2.07, boundaries between Units may be relocated in accordance with the provisions of the Act.
Reassignment of Limited Common Elements. The reassignment of Limited Common Elements may be made pursuant to the provisions of the Act.
Subsequent Assignment of Common Elements as Limited Common Elements. In the event that the Association's Board of Directors should authorize or otherwise provide for the assignment of parking spaces adjacent to the buildings, or storage facilities in various locations within the buildings, as Limited Common Elements, an amendment to this Declaration making any such assignment shall be prepared, executed and recorded pursuant to the provisions of the Act. Any other assignment of Common Elements as Limited Common Elements shall be effected only by means of an amendment to this Declaration duly executed and recorded pursuant to the provisions of the Act.
Declarant's Right to Expand the Condominium. The Declarant hereby reserves the right to expand the Condominium by submitting additional property upon which additional Units have been or will be constructed. The provisions with respect to Declarant's right to expand are set forth in Exhibit "F" attached hereto and by this reference made a part hereof.
MAINTENANCE AND REPAIR
Except as may be otherwise specifically provided for herein, the responsibility of the Association with respect to the maintenance and repair of the Condominium shall be as follows:
To maintain in good working order and condition, repair and replace the Common Elements, provided, however, that the Association may with the consent of Unit Owners to which seventy-five percent (75%) of the voting rights of the Association appertain, alter the use or form of the Common Elements including, without limitation, construction of improvements thereon, or elect not to repair or replace any portion of the Common (b) To provide exterior maintenance of the buildings containing the Units, all as more particularly provided for in the By-Laws of the Association. Unit Owner (s). The responsibility of a Unit Owner with respect to the and repair of his Unit, and the Limited Common Elements appurtenant thereto, shall be as follows:
To maintain, repair and replace all portions of his Unit, and the Limited Common Elements appurtenant thereto, except those portions which are to be maintained, repaired or replaced by the Association. Included in those Arcialich the tolen: (i) al exterior la of ed builage, (11) the roofs of any buildings, (111) the amenities, if any, provided for the use of the Unit Owners, and (iv) any electrical conduits or plumbing pipes serving more than one Unit. The responsibility of the Unit Owner shall include the maintenance, repair and replacement of all fixtures and equipment installed in his Unit as well as the maintenance, repair and replacement of the wiring, plumbing, heating ducts and components, wich tens that are exon let under he deship ion, at any such items that are boundaries set forth in Exhibit B hereto;
To keep in a neat, clean and sanitary condition his Unit and any Limited Common Elements serving his Unit;
To perform his responsibilities in such manner so as not to unreasonably disturb other persons in other Units;
(d) Not to paint or otherwise decorate or change the outside appearance of his
Unit, any appurtenances thereto, or any Limited Common Elements serving his Unit unless the written consent of the Board of Directors of the Association, or an architectural committee appointed by the Board, is first obtained. Further, the design, type, location, size, color and intensity of all exterior lights shall be subject to control by the Board of Directors of the Association;
(e) To promptly report to the Association or its agents any defect or need for repairs, for which the Association is responsible;
Not to make any alteration in the portions of the Unit, and the Limited Common Elements appurtenant thereto, which are to be maintained by the Association, or to remove any portion thereof, or to make any additions thereto, or do anything with respect to the exterior or interior of the Unit which would or might jeopardize or impair the safety or soundness of any Unit without first obtaining the written consent of the Board of Directors of the Association and all Unit Owners and mortgagees of the Units affected, nor shall any Unit Owner impair any easement without first obtaining written consent of the Association and of the Unit Owner or Owners and their mortgagees for whose benefit such easement exists; and (g) To pay for the cost of repairing, replacing or cleaning up any item which
1s the responsibility of the Unit Owner, but which responsibility such Owner fails or refuses to discharge (which the Association shall have the right, but not the obligation, to do), or to pay for the cost of repairing, replacing or cleaning up any item which, although the responsibility of the Association, is necessitated by reason of the willful or negligent act of the Unit Owner, his family, tenants or guests; with the cost thereof to be specifically assessed against such Unit Owner in accordance with Section 4.02 of Article IV hereof and the By-Laws of the Association.
ARTICLE IV
SSESSMENTS
4.01 General Obligation. Each Unit Owner shall be responsible for and hereby covenants and agrees to pay to the Association all sums lawfully assessed by the Association against that Unit Owner or Unit, whether for the share of the Common Expenses appertaining to that Unit or otherwise, including those special assessments described in Section 4.02 hereinbelow and the assessment for rent of the amenities area described in Section 4.03 hereinbelow, which assessments are to be fixed, established and collected from time to time by the Board of Directors of the Association in accordance with this Declaration and the By-Laws of the Association. Pursuant to the Act, such assessments shall constitute a lien in favor of the Association on the Unit or Units against which each such assessment is levied, and such assessment, together with the lien thereof, shall include (a) a late or delinquency charge; (b) interest on each assessment or installment thereof, and any delinquency or late charge appertaining thereto, from the date the same was first due and payable; (c) the costs of collection, including court costs, the expenses of sale, any expenses required for the protection and preservation of the Unit and reasonable attorney's fees actually incurred; and (d) the fair rental value of the Unit or Units from the time of the institution of suit until the sale of that Unit at foreclosure (or until satisfaction of the judgment rendered in such suit), all in accordance with and to the maximum extent permitted by the Act. The recordation of the Declaration shall constitute served notice of the existence of such lien, and no further recordation of any claim of lien for assessment shall be required.
4.02 Special Assessments. Each Unit Owner shall be liable for and shall pay special assessments for Common Expenses incurred by the Association, as follows: (a) any Common Expenses associated with the maintenance, repair, renovation, restoration or replacement of any Limited Common Element shall be specially assessed against the Unit or Units to which that Limited Common Element was assigned at the time such expenses were made; (b) any Common Expenses benefiting less than all of the Units shall be specially assessed equitably among all of the Units so benefited; (c) any Common Expenses occasioned by the conduct of less than all of those entitled to occupy all of the Units or by the licensees or invitees of any such Unit or Units shall be specially assessed against the Unit or Units, the conduct of any occupant, licensee or invitee of which occasioned any such Common Expenses; (d) any other Common Expenses significantly disproportionately benefiting less than all of the Units shall be assessed equitably among such Units; and (e) any maintenance expenses occasioned by increased traffic and activity in the common areas located adjacent to commercial Units shall be assessed against the commercial Units only. In addition to the special assessment for reconstruction or repair of casualty damage, the Board of Directors of the Association may levy special assessments for the purpose of defraying, in whole or in part, the cost of any capital addition to or capital improvement of the Common Elements (including the necessary fixtures and personal property related thereto), or
for the cost of repair or replacement of a portion of the Common Elements (including benefit of all Unit Owners in the Condominium as a whole. the necessary fixtures and personal property related thereto), which is for the endeavor to anticipate and budget for special assessments, and to collect such The Association shall assessments in quarterly installments over a reasonable period of time; provided, however, that nothing herein shall prevent the Association from requiring payment of a special assessment in a lump sum if such payment is in the best interest of the Association.
4.03 Assessment for Rent of Amenities Area. As the Association has entered into a Lease with Declarant for the use of an amenities area, each Unit Owner shall pay a quarterly assessment for rent of the amenities area, subject to the provisions of said Lease. Should the amenities area be subsequently conveyed to the Association according to the terms of said Lease, the amenities area shall become a Common Area, and each Unit Owner shall be assessed from that point forward, for the Common Expenses relative to said amenities area, pursuant to Section 4.04 hereinbelow. 4.04
Allocation of Liability for Common Expenses; Water and Sewer Usage. The amount of all Common Expenses, except for Expenses specially assessed pursuant to Section 4.02 above and except for rent of the amenities area assessed pursuant to Section 4.03 above, shall be assessed against the Units in accordance with the each Unit as provided for in Exhibit "p" hereto. respective percentage allocations of liability for Common Expenses attributable to contemplates the use of a common meter for water and sewer utilities, each Unit Owner In addition, as this Declaration shall be liable for and shall pay a quarterly assessment for water and sewer usage. The assessment for water and sewer usage for each Unit shall also be the respective percentage attributable to that Unit as provided for in Exhibit "p" hereto; this percentage will then be multiplied by the total water and sewer bill attributable to the Association to arrive at that Unit's assessment. The Unit Owner's total quarterly assessment then would include his liability for Common Expenses, plus his liability liability for special assessments, if any. for water and sewer usage, plus his liability for rent of the amenities area, plus his
4.05 Priority of Lien. The lien of the assessments provided for in this Article IV shall be prior and superior to all other liens except only (a) ad valorem taxes, (b) the lien of a first mortgage, if any, or secondary purchase money mortgage, if any, to which a Unit is subject, and (c) the lien of any mortgage recorded prior to the recording of this Declaration.
The sale or transfer of any Unit shall not affect the assessment lien; provided, however, that the sale or transfer of any Unit, which 1s subject to any such mortgage, pursuant to the foreclosure thereof or a transfer by deed or assignment in lieu of assessments as to the payments thereof which became due prior to the date of such sale foreclosure shall extinguish the lien of such or transfer. No sale or transfer shall relieve the Unit Owner from liability for any assessment theretofore or thereafter becoming due.
ARTICLE V
INSURANCE
5.01 General Obligation and Authority• The Association shall obtain and maintain at all times (a) insurance for all of the insurable improvements on the Property (with the exception of improvements and betterments made by the respective Unit Owners or occupants) against loss or damage by fire or other hazards, including extended coverage, vandalism and malicious mischief, in an amount consonant with the full replacement value of such insurable improvements; (b) if there is a steam boiler in operation on the Property, boiler explosion insurance evidenced by the standard form of boiler and machinery insurance policy and providing as a minimum, $50,000 per location; (c) fidelity coverage against dishonest acts on the part of its directors, or administered by officers, employees, agents and volunteers responsible for handling funds belonging to one-half times the Association's estimated annual operating expenses and reserves; (d) the Association in an amount equal to not less than one and comprehensive public liability insurance, in amounts established by the Board of Directors of the Association from time to time, but in no event shall such amounts be less than $500,000 for injury, including death, to a single person, $1,000,000 for injury or injuries, including death arising out of a single occurrence and $50,000 authorized by the Board of Directors from time to time. property damage; and (e) such other types of insurance either required by law or
ARTICLE VI
CASUALTY LOSSES
6.01 Damage and Destruction. Immediately after the damage or destruction by fire or other casualty to all or any part of the Condominium covered by insurance purchased by the Association, the Board of Directors or its duly authorized agent shall proceed with the filing and adjustment of all claims arising under such to the terms of the By-Laws of the Association. insurance with respect to property losses of Unit Owners other than Declarant pursuant
EMINENT DOMAIN ARTICLE VII
7.01 General. The provisions of the Act shall govern whenever all or any part of the Common Elements or any Unit shall be taken by any authority having the power of condemnation or eminent domain. Notice to Unit Owners and Mortgagees. The Association, immediately upon having any knowledge of the institution, 7.02 or threat of institution, of any proceedings portion of any Unit or Common Element in condemnation, eminent domain or other or other action with respect to the taking of Units, the Common Elements, or any proceedings or actions involving any unit of government or any other person having the power of eminent domain, shall notify all Unit Owners and all mortgagees having an interest therein whose names and addresses have previously been furnished to the Any such Unit Owner or Association together with a written request for such notice. mortgagee may, if permitted by law, participate in any such proceedings or actions or, in any event, may participate in negotiations in connection therewith, but shall have Notwithstanding the foregoing, if the Federal Home Loan Mortgage Corporation ("FHLMC") or the Federal National Mortgage Association ("FNMA) no obligation to do so. 1s the mortgagee of any Unit, the Association shall notify FHIMC or FNMA, as the case may be (c/o the institution servicing the mortgage or mortgages for and on behalf of exceeds $10,000; and (11) any portion of any Unit if the value exceeds $1,000. the FHLMC or FNMA), in writing of any taking of (1) the Common Elements if the value
ARTICLE VIII
USE RESTRICTIONS
and the san here furite ele all to federal use to statutes of a temporary character, trailers or tents shall be used as a residence on any portion of the property at any time either temporarily or permanently. Occupancy of all Units 1s hereby restricted to single related family groups with no more than one (1) In addition, no more than two (2) persons related by blood may occupy a Unit except when living in the Unit with their parents. Use Restrictions; Units Subject to Declaration, By-Laws and Rules Regulations. To assure the harmony of the Unit Owners and protect the value of the Units, the Property, including all improvements thereon, shall be subject to the use forth in Exhibit "g" attached hereto and by this reference made a part hereof. restrictions set The Board of Directors of the Association is hereby empowered to promulgate Rules and Regulations governing occupancy and use of the Condominium and to amend the same from time to time, which Rules and Regulations shall supplement and be in addition to the use restrictions set forth in Exhibit "p" hereto.
future owners, tenants and occupants of Units shall be subject to and with the provisions of this Declaration, the By-Laws and the Rules and Regulations, as they may be amended from time to time. The acceptance of a deed or conveyance or the an agreement that the provisions of this Declaration, the By-Laws and the Rules and entering into of a lease or the entering into occupancy of any Unit shall constitute Regulations, as they may be amended from time to time, are accepted and ratified by such owner, tenant or occupant, and all of such provisions shall be deemed and taken interest or estate in such Unit, as though such provisions were recited and stipulated to be covenants running with the land and shall bind any person having at any time any at length in each and every deed or conveyance or lease thereof. Leasing Restrictions. No Unit Owner shall be permitted to lease his Unit for transient or hotel purposes, and no Unit Owner may lease less than his entire 8.03 Unit. shall be subject in all respects to the provisions of this Declaration and the By-Laws Any lease agreement shall be required to provide that the terms of the lease such documents shall be a default under the lease. All leases shall be required to be of the Association, and that any failure by the lessee to comply with the terms of in writing and a copy thereof shall be furnished to the Association upon request. Other than the foregoing, there shall be no restriction on the right of any Unit Owner lease, the Unit Owner shall give the Association written notice of the name of the to lease his Unit; provided, however, that prior to the commencement of any such lessee and the term of the lease. Anything herein to the contrary notwithstanding, long as such Unit 1s unsold and owned by Declarant; and (11) any person who becomes (1) Declarant shall have the unqualified right to lease upon any terms any Unit, so mortgage on such Unit, or as transferee pursuant to any proceedings in lieu thereof, the owner of a Unit at a judicial or foreclosure sale conducted with respect to a such person who acquires title thereto in such manner; provided, however, that the shall have the unqualified right to lease such Unit, so long as such Unit is owned by occupancy of any Unit by any lessee of Declarant, or such acquirer of title, shall be otherwise subject to the provisions of this Declaration and the By-Laws of the Association.
ARTICLE IX
THE CONDOMINIUM ASSOCIATION AND ADMINISTRATION
The Association has been incorporated as a Georgia non-profit membership corporation under the Georgia Corporation Code. The organization of the Association has been duly effectuated, including appointment of the first Board of Directors and election of its initial officers. The Declarant shall have the right to appoint or remove any member or members of the Board of Directors or any officer or officers of the Association until such time as the first of the following events expiration of seven (7) years after the recording of
Declaration; (b) the date as of which Units to which four-fifths (4/5ths) of the undivided interests in the Common Elements appertain shall have been conveyed by Declarant to Unit Owners other than a person or persons constituting Declarant unless Declarant has an unexpired option to construct additional units and/or add additional property to the Condominium; or (c) the surrender by Declarant of the authority to appoint and remove members of the Board of Directors and officers of the Association by an express amendment to this Declaration executed and recorded by Declarant. except for certain greater than majority voting requirements provided herein and in the By-Laws of the Association, no limitations or restrictions on the powers of the Association or its Board of Directors are provided herein; provided, however, that so long as Declarant owns Units representing undivided ownership in the Common Elements of ten percent (10%) or more, the Association may not, without the consent of Declarant (1) make any addition, alteration or improvement to the Common Elements or to any Unit, (11) assess any Common Expenses for the creation of, addition to or replacement of all or part of any reserve, contingency or surplus funds, (111) enter into any service or maintenance contract for work covered by contracts in existence on the date the Declaration 1s recorded, or (iv) borrow money for any purpose.
Allocation of Votes in the Association. Each Unit Owner shall automatically be a member of the Association, which membership shall continue during the period of ownership by such Unit Owner. Pursuant to the provisions of the Act, the number of votes in the Association hereby allocated to each Unit is as set forth in Exhibit "p" hereto. Said votes shall be cast under such rules and procedures as may be prescribed in the By-Laws of the Association, as amended from time to time 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 less frequently than annually. At the annual meeting, reports of the affairs, finances and budget projections of the Association shall be made to the Unit Owners.
9.04 Rules and Regulations.
Units, appurtenances thereto and the Common Elements may be made and amended from time to time by the Board of Directors of the Association; provided, however, that copies of such regulations and amendments thereto shall be furnished by the Association to all Unit Owners. Failure to abide by any such regulation, rule or requirement shall be grounds for any action by the Association or any aggrieved Unit Owner to recover damages, or obtain injunctive and equitable relief or both.
public liability insurance coverage for the directors and officers of the Association. Further, each director and each officer of the Association shall be held harmless by the Unit Owners from expense, loss 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) against all expenses and liabilities, including reasonable attorney's fees, incurred by or imposed upon him in connection with any proceeding to which he may be a part, or have become involved by reason of being such director or such officer, whether or not he 1s a director or officer at the time such expenses are incurred, except in such cases wherein 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 acceptance of a plea nolo contendre, the indemnification shall apply only when the Board of Directors approves such settlement or plea and reimbursement as being in the best interests of the Association.
Compensation. No director or officer of the Association shall receive any fee or compensation for services performed by him unless such fee or compensation 1s first fixed by a resolution adopted by a majority vote of the Unit Owners present in person or by proxy at a meeting duly called and held for such purpose.
ARTICLE X
GENERAL PROVISIONS
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 officers of the Association,
as provided for in Section 9.01 of Article IX of this Declaration. Every grantee of any interest in the Condominium, by acceptance of a deed or other conveyance of such interest, agrees that Declarant shall have such authority to appoint and remove members of the Board of Directors and officers of the Association.
Upon the expiration of the period of Declarant's right to control the Association pursuant to said Section 9.01 of Article IX, such 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, records and accounts of the Association being in proper order, the Association being in good standing under the laws of the State of Georgia and the affairs of the Association having been conducted in & prudent and businesslike manner; in addition, Declarant shall not be insulated against liability to the Unit Owners because any act, omission or matter complained of during such period of control may have been done, omitted or permitted by or on behalf of the Nothing herein contained shall make any successor Association as a corporate entity. to liability by operation of law or through purchase of Declarant's interest in the Property (or any part thereof) at foreclosure to Declarant responsible or subject 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 tine such successor succeeded to the interest of Declarant.
Any management contract, lease of recreutional area or facilities, if any, or any other contract or lease executed by or on behalf 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 Owners by a like majority shall have theretofore, following the expiration of such control period, expressly ratified and approved the same.
10.02 Amendments. So long as the same shall not (a) adversely affect the title to any Unit Owner's Unit, (b) change the percentage or fraction of undivided ownership interest in and to the Common Elements of the Condominium appurtenant to any Unit Owner's Unit, (c) materially alter or change any Unit Owner's right to the use and enjoyment of his Unit or the Common Elements as set forth in this Declaration, or (d) otherwise make any material change in this Declaration, each Unit Owner agrees that, if requested to do so by Declarant, such Unit Owner will consent to the amendment of this Declaration (1) if such amendment is necessary to bring any rovision hereof into compliance with any applicable governmental statute, rule, regulation or judicial determination which shall be in conflict therewith; (11) if such amendment is necessary to enable any reputable title insurance company to issue title insurance coverage with respect to the Units subject to this Declaration; (111) if such amendment is required by an institutional or governmental lender or purchaser of mortgage loans, including, for example, the FHLMC or FNMA to enable such lender or purchaser to make or purchase mortgage loans on the Unit subject to this Declaration; or (iv) if any such amendment is necessary to enable any governmental agency or reputable private insurance company to insure mortgage loans on the Units subject to this Declaration. Further, this Declaration may also be amended at any time and from time to time by the assent of Unit Owners of Units to which at least two-thirds (2/3rds) of the total vote of the Association appertain, provided, however, that during such time Declarant has the right to control the Association pursuant to Section 9.01, of the said Article IX, such amendment shall require the agreement of Declarant and Unit Owners to which two-thirds (2/3rds) of the votes in the Association appertain, exclusive of any vote or votes appertaining to any Unit or Units then owned by Declarant. Also, any provision in this Section to the contrary notwithstanding, no amendment to this Declaration shall alter, modify, change or rescind any right, title, interest or privilege herein granted or afforded to the holder of any mortgage affecting any of the Units in the Condominium, unless such Amendments to this Declaration may be holder shall consent thereto in writing.
proposed by Declarant, the Board of Directors of the Association or by petition signed by Unit Owners of Units to which at least thirty percent (30%) of the total votes of the Association appertain. Agreement of the required majority of Unit Owners to any amendment of this Declaration shall be evidenced by their execution of the amendment, or, in the alternative and provided that Declarant does not then have the right to control the Association pursuant to said Section 9.01 of Article IX, the sworn statement of the President, any Vice President or Secretary of the Association attached to or incorporated in an amendment executed by the Association, in which sworn statement it is stated unequivocally that agreement of the required majority of Unit Owners was otherwise lawfully obtained. Any such amendment of this Declaration shall become effective only when recorded, or at such later date as may be specified in the amendment itself. The written consent of any mortgagee required with respect to such amendment shall also be recorded with such amendment. This Declaration shall be recorded pursuant to
10.03 Rights of Third Parties. the benefit of Declarant, the Unit Owners and their the provisions mortgagees as herein provided, and by such recordation no adjoining property owner or of the Act for
third party shall have any right, title or interest whatsoever in the Condominium, or in the operation OI continuation thereof or in the enforcement of any of the provisions hereof, and, subject to the rights of Declarant and their mortgagees as herein provided, the Unit Owners shall have the right to cancel, extend, modify, amend or otherwise change the provisions of this Declaration without the consent, permission or approval of any adjoining owner or third party.
10.04 Termination. The Condominium shall be terminated only by the agreement of Unit Owners of Units to which four-fifths (4/5ths) of the votes in the Association appertain 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 said Section 9.01 of Article IX, such 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 Units. Agreement of the required percentage of Unit Owners and their mortgagees to termination of the Condominium shall be evidenced by their execution of a termination agreement. Any such termination agreement shall become effective only when recorded or at such later date as may be specified therein. Upon the effective date of a termination agreement, all of the property constituting the Condominium shall be owned by the Unit Owners as tenants-in-common in proportion to their respective undivided interest in the Common Elements immediately prior to such effective date. So long as such tenancy-in-common lasts, however, each Unit Owner and his heirs, representatives, successors and assigns shall have the same right of occupancy and use of that portion of said property which formerly constituted his Unit and Limited Common Elements appurtenant thereto, if any, as existed immediately prior to termination, and a non-exclusive right to use that portion of said property which formerly constituted Common Elements other than Limited Common Elements. Upon the effective date of a termination agreement, any rights the Unit Owners may have to the assets of the Association shall be in proportion to their respective undivided interest in the Common Elements immediately prior to such effective date, and any distribution thereof to the Unit Owners shall be to such owners and their mortgagees as their interest may appear. Upon the effective date of a termination agreement, mortgages and liens affecting each Unit shall be deemed to be transferred in accordance with their existing priorities to the undivided interest of the Unit Owner in the property which formerly constituted the Condominium. After the effective date of a termination agreement, and except as otherwise expressly provided in the Act, the property which formerly constituted the Condominium and the rights and obligations of the former Unit Owners with respect thereto shall be subject to and governed by the laws of the State of Georgia pertaining to tenancies-in-common so long as such tenancy-in-coumon lasts.
10.05 Withdrawal of Submitted Property. Submitted property may be withdrawn from the Condominium only in strict accordance with the provisions of the Act.
10.06 Enforcement. Each Unit Owner shall comply strictly with the By-Laws and with the administrative rules and regulations adopted pursuant thereto, as either of the same may be lawfully amended from time to time and with the covenants, conditions and restrictions set forth in this Declaration or in the deed to his Unit. In the event of a violation or breach, or threatened violation or breach, of any of the same, Declarant, the Association or any aggrieved Unit Owner, Jointly and severally, shall have the right to proceed at law or in equity to compel compliance therewith or to prevent a threatened violation or breach thereof. Should Declarant or the Association employ legal counsel to enforce any of the foregoing, all costs incurred In connection with such enforcement, including a reasonable fee for counsel, shall be paid by the violating Unit Owner. Inasmuch as the enforcement of the provisions of this Declaration and the By-Laws and such administrative rules and regulations 1s essential for the effectuation of the General plan of development contemplated hereby and for the protection of present and future Unit Ownars, it is hereby declared that any breach thereof cannot be adequately compensated by recovery of damages, and that Declarant, the Association or any aggrieved Unit Owner, in addition to all other remedies, shall be entitled by injunctive relief to restrain any such violation or breach or threatened violation or breach. Further, in any case of flagrant or repeated violation by a Unit Owner, then, in addition to the foregoing remedies, the Board of Directors of the Association may levy summary charges against the Unit Owner for such violation, provided that no summary charges may be levied for more than $25.00 for any one violation; however, each day or time a violation is continued or repeated after written notice 1s given to the Unit Owner to cease and desist, it shall be considered a separate violation. Collection of summary charges may be enforced against a Unit Owner as if such charges were a Common Expense owed by the Unit Owner involved. No delay, failure or omission on the part of Declarant, the Association or any aggrieved Unit Owner in exercising any right, power or remedy herein provided shall be construed as an acquiescence therein nor shall be deemed a waiver of the right to do so thereaiter as to the same violation or breach, nor as to a violation or breach occurring prior to or subsequent thereto, and shall not bar or affect its enforcement. No right of action shall accrue nor shall any action be brought or maintained by anyone whatsoever against Declarant or the Association for or on account of any failure to bring any action on account of any violation or breach, or
threatened violation or breach,
continued, nor for the imposing of provisions which may be unenforceable. Acceptance of Improvements. Declarant warrants that the improvements on the property have been completed in substantial conformity with the Plans. 10.07
makes no other warranties or representations with respect to the property or the improvements thereon except as may be specifically provided in the contract for purchase and sale of any unit and the warranties of the title contained in the deed of conveyance. Unless the Condominium is terminated as herein provided, the provisions of this Declaration shall run with and bind the Property and shall be and remain in effect perpetually to the extent permitted by Georgia law; provided, however, that so long as Georgia law limits the period during which covenants restricting lands to certain uses may run, any provisions of this Declaration affected thereby shall run with and bind the Property so long as permitted by such law, and it shall be the duty of the Board of Directors of the Association to cause this Declaration to be amended of record when necessary by filing a document bearing the signatures of Unit Owners having a ajority of the voting interest in the Condominium reaffirming and newly adopting such provisions in order that the same may continue to be covenants running with the land of the Condominium.
shall be binding on all. Every purchaser or grantee of any interest in any property made subject to this Declaration, by acceptance of a deed or other conveyance therefor, thereby agrees that the provisions of this Declaration shall ruu with and bind the Property as provided hereby. Limitations. Anything herein to the contrary notwithstanding, unless at least two-thirds (2/3rds) of the first mortgagees (based upon one (1) vote for each
Unit Owners (other than Declarant) have given their prior written approval, the Association shall not be entitled to: by act or omission, seek to abandon or terminate the Condominium; change the pro-rata interest or obligations of any Unit for the purpose
(1) levying assessments or charges or allocating distributions of hazard insurance proceeds or condemnation awards; or (11) determining the pro-rata share of ownership of each Unit in the Common Elements; (c) partition or subdivide any Unit;
(d) by act or omission, seek to abandon, partition, subdivide, encumber, sell or transfer the Common Elements; provided, however, that the granting of easements for public utilities or for other public purposes consistent with the intended use of the Common Elements by the Condominium shall not be deemed a transier within the meaning of this provision; and
(e) use hazard insurance proceeds for losses to any Condominium property
(whether to Units or to Common Elements) for other than repair, replacement or reconstruction of such property, except as provided by statute in case of substantial loss to the Units and/or Common Elements of the Condominium.
Anything herein to the contrary notwithstanding, this Declaration shall not be deemed to give any Unit Owner, or any other party, priority over any rights of the first mortgagee of a Unit pursuant to its mortgage in the case of a distribution to such Unit Owner of insurance proceeds or condemmation awards for losses to or taking of any portion of any Unit or the Common Elements. and Grammar. The singular wherever used herein shall be construed to mean the plural when applicable, and the necessary grammatical changes 10.10 Gender required to make the provisions hereof apply either to corporations or individuals, men or women, shall in all cases be assumed as though in each case fully expressed. 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 10.11 Captions. way to be construed as defining, limiting, extending or otherwise modifying or adding to the particular Article or Section to which they refer. Whenever possible, each provision of this Declaration shall be interpreted in such manner as to be effective and valid, but if the Severability. application of any provisions of this Declaration to any person or to any property shall be prohibited or held invalid, such prohibition or invalidity shall not affect any other provision or the applicution of any provision which can be given effect without the invalid provision or application, and to this end the provisions of this Declaration are declared to be severable. In all cases, the provisions set forth or provided for in this Declaration shall be construed together and given that interpretation or Interpretation. in the opinion of Declarant or the Association, will best The provisions hereof shall be effect the intent of the general plan of development.
liberally interpreted, and, if necessary, they shall be so extended or enlarged by implication as to make them fully effective. The terms and conditions of this Declaration shall be
Controlling Law.
governed by the laws of the State of Georgia. This Declaration was prepared by Gerald R. Varnado and Wade A.
Bentley and Griffin, P.A., 440 College Avenue North, Suite 220, Athens, GA 30613.
10.16 Recordation. This Declaration is to be recorded in Clarke County, Georgia, pursuant to The Act.
IN WITNESS WHEREOF, Declarant has caused this instrument to be properly executed and sealed the day, month, and year first above written.
WOOD LAKE LTD.-I
BY :
ATTEST:
Signed, sealed and delivered
in the presence of:
Unofficial Witness
NOTARY PUBLIC
EXHIBIT "A" TO
DECLARATION OF CONDOMINIUM FOR
WOOD LAKE CONDOMINIUM
All that tract or parcel of land containing 1.972 acres, more or less, lying and being in the 1467th District, G.M., Clarke County, Georgia, and being more particularly described as follows:
To find the TRUE POINT OF BEGINNING, begin at a one-half inch reinforcing rod set on the Northerly right-of-way of the Epps Bridge Road, said rod being 3,402.42 feet Southwesterly along the curvature of the northerly right of way of Epps Bridge Road from the Southerly right-of-way of the Atlanta Highway; run thence North 48 degrees 10 minutes 47 seconds West 97.30 feet to a one-half inch reinforcing rod; thence in an arc, the radius thereof being 349.81 feet, in a Northwesterly direction 55.88 feet to & one-half inch reinforcing rod, the chord of said arc being North 43 degrees 36 minutes 13 seconds West 55.82 feet; thence North 39 degrees 01 minutes 38 seconds West 165.70 feet to a one-half inch reinforcing rod; thence in a arc, the radius thereof being 171.25 feet, in a Northwesterly direction 167.07 feet to a one-half inch reinforcing rod, the chord of said arc being North 11 degrees 04 minutes 41 seconds West 160.53 feet; thence North 16 degrees 52 minutes 17 seconds East 232.46 feet to a one-half inch reinforcing rod; thence in an arc, the radius thereof being 171.93 feet, in a Northwesterly direction 102.58 feet to a one-half inch reinforcing rod, the chord of said arc being North 0 degrees 13 minutes 17 seconds West 101.07 feet; thence in an arc, the radius thereof being 171.93 feet, in a Northwesterly direction 90.70 feet to a one-half inch reinforcing rod, the chord of said arc being North 32 degrees 25 minutes 34 seconds West 89.65 feet; thence in an arc, the radius thereof being 824.86 feet, in a Northwesterly direction 297.43 feet to a one-half inch reinforcing rod, the chord of said arc being North 57 degrees 52 minutes 05 seconds West 295.82 feet; thence in an arc, the radius thereof being 281.48 feet, in a Northwesterly direction 54.17 feet to a one-half inch reinforcing rod, the chord of said arc being North 73 degrees 42 minutes 39 seconds West 54.08 feet; thence in an arc, the radius thereof being 281.48 feet, in a Southwesterly direction 187.73 feet to a one-half inch reinforcing rod, the chord of said arc being South 81 degrees 40 minutes 12 seconds West 184.27 feet; thence South 62 degrees 33 minutes 49 seconds West 86.19 feet to a one-half inch reinforcing rod; thence in an arc, the radius thereof being 188.63 feet, in a Southwesterly direction, 179.67 feet to a one-half inch reinforcing rod, the chord of said arc being South 89 degrees 50 minutes 59 seconds West 172.95 feet; thence North 62 degrees 51 minutes 51 seconds West 40.30 feet to the TRUE POINT OF BEGINNING; running thence North 62 degrees 51 minutes 5l seconds West 60.00 feet to a one-half inch reinforcing rod; thence North 13 degrees 16 minutes 38 seconds East 163.00 feet to a one-half inch reinforcing rod; thence North 41 degrees 40 minutes 47 seconds East 349.70 feet to a one-half inch pipe; thence South 47 degrees 55 minutes 51 seconds East 82.18 feet to a one-half inch pipe; thence South 48 degrees 17 minutes 28 seconds East 80.00 feet to a point; thence South 23 degrees 48 minutes 01 seconds West 218.00 feet to a point; thence South 60 degrees 47 minutes 00 seconds West 285.68 feet to the TRUE POINT OF BEGINNING.
Also, Declarant herein expressly grants unto Wood Lake Condominium Association, Inc. and to all current and future members of said Association, said members of the Association being all Owners of Units in Wood Lake Condominium and their heirs, successors and assigns, an easement upon, across, over and under Wood Lake Drive for the purposes of ingress and egress to and from the hereinabove described property and to and from any other property contained within the Phase II Additional Property in which said Association and/or its members thereof have an interest.
EXHIBIT "A-1" TO
DECLARATION OF CONDOMINIUM FOR WOOD LAKE CONDONINIUM
All that tract or parcel of land containing 1.006 acres, more or less, lying and being in the 1467th District, G.M., Clarke County, Georgia, and being more particularly described as follows:
To find the TRUE POINT OF BEGINNING, begin at a one-half inch reinforcing rod set on the northerly right-of-way of the Epps Bridge Road, said rod being 3,402.42 feet southwesterly along the curvature of the northerly right-of-way of Epps Bridge Road from the southerly right-of-way of the Atlanta Highway; run thence North 48 degrees 10 minutes 47 seconds West 97.30 feet to a one-half inch reinforcing rod; thence in an arc, the radius thereof being 349.81 feet, in a northwesterly direction 55.88 feet to a one-half inch reinforcing rod, the chord of said arc being North 43 degrees 36 minutes 13 seconds West 55.82 feet; thence North 39 degrees 01 minutes 38 seconds West 165.70 feet to a one-half inch reinforcing rod; thence in an arc, the radius thereof being 171.25 feet, in a northwesterly direction 167.07 feet to a one-half inch reinforcing rod, the chord of said arc being North 11 degrees 04 minutes 41 seconds West 160.53 feet; thence North 16 degrees 52 minutes 17 seconds East 232.46 feet to a one-half inch reinforcing rod; thence in an arc, the radius thereof being 171.93 feet, in a northwesterly direction 102.58 feet to a one-half inch reinforcing rod, the chord of said arc being North 0 degrees 13 minutes 17 seconds West 101.07 feet; thence in an arc, the radius thereof being 171.93 feet, in a northwesterly direction 90.70 feet to a one-half inch reinforcing rod, the chord of said arc being North 32 degrees 25 minutes 34 seconds West 89.65 feet; thence in an arc, the radius thercof being 824.86 feet, in a northwesterly direction 297.43 feet to a one-half inch reinforcing rod, the chord of said arc being North 57 degrees 52 minutes 05 seconds West 295.82 feet; thence in a arc, the radius thereof being 281.48 feet, in a northwesterly direction 54.17 feet to a one-balf inch reinforcing rod, the chord of said arc being North 73 degrees 42 minutes 39 seconds West 54.08 feet; thence in an arc, the radius thereof being 281.48 feet, in a northwesterly direction 47.91 feet to the TRUE POINT OF BEGINNING, the chord of said arc being North 84 degrees 06 minutes 00 seconds West 47.85 feet; thence in an arc, the radius thereof being 281.48 feet, in a southwesterly direction 139.81 feet to a one-half inch reinforcing rod, the chord of said arc being South 76 degrees 47 minutes 37 seconds West 138.38 feet; thence South 62 degrees 33 minutes 49 seconds West 86.19 feet to a one-half inch reinforcing rod; thence in an arc, the radius thereof being 188.63 feet, in a southwesterly direction 179.57 feet to a one-half inch reinforcing rod, the chord of said arc being South 89 degrees 50 minutes 59 seconds West 172.95 feet; thence North 62 degrees 51 minutes 51 seconds West 40.30 feet to a point; thence North 60 degrees 47 minutes 00 seconds East 285.68 feet to a point; thence North 23 degrees 48 minutes 01 seconds East 65.33 feet to a point; thence South 56 degrees 31 minutes 34 seconds East 182.57 feet to a one-half inch reinforcing rod; thence South 10 degrees 00 minutes 00 seconds West 45.81 feet to the TRUE POINT OF BEGINNING.
Declarant herein expressly reserves unto itself, its successors in title, assigns, agents, employees, invitees and licensees and its tenants' agents, employees, invitees and licensees, a non-exclusive easement upon, across, over
above-described property for the purposes of ingress and egress to its adjoining property and installation and maintenance of utilities and drainage upon its adjoining property.
CUNK 590 PACE 324
EXHIBIT "B" TO
DECLARATION OF CONDOMINIUM FOR
WOOD LAKE CONDOMINIUM
UNIT BOUNDARIES
Each Unit shall have as a lower horizontal boundary either the land subjacent thereto or in the alternative the horizontal plane of the upper surface of the joists which serve as ceiling joists for the basements (in the case of a ground floor unit.constructed over a basement) or the horizontal plane of the upper surface of the joists which serve as ceiling joists for the Unit below (in the case of an upper Unit). The upper horizontal boundary of a unit shall be the horizontal plane of the lower surface of the joists which serve as ceiling joists or the horizontal plane of the lower surface of the floor joists for the attic space beneath the roof of the building (in the case of a top floor Unit). (Said joists, as well as the roof, the decking and rafters supporting the roof and the attic space being Common Elements). The perimetrical or vertical boundaries of a Unit shall be the interior unfinished surface of the outside walls of the Unit. With respect to common walls between units, the perimetrical or vertical boundary of the Unit served thereby shall be the center line of such wall. In interpreting deeds and plans, the existing physical boundaries of a Unit as originally constructed or of a Unit reconstructed in substantial accordance with the original plans thereof shall be conclusively presumed to be its boundaries, rather than the metes and bounds expressed in any deed or plan, regardless of settling or lateral boundaries shown on the plan or in a deed and those of the Unit. Exterior doors and exterior glass surfaces, such as windows serving a Unit, shall be included within the boundaries of the Unit. AlsO, heating and air-conditioning systems serving a Unit, such as the compressor and condenser for an air-conditioner, and appliances and plumbing fixtures within a Unit, shall be construed to be a part of the Unit. If any chutes, flues, ducts, conduits, wires, pipes, bearing walls, bearing columns or any other apparatus lie partially within and partially outside of the designated boundaries of a Unit, any portions thereof serving only that Unit shall be deemed a part of that Unit, while any portions thereof serving more than one Unit or any portion of the Common Elements shall be deemed a part of the Common Elements.
EXHIBIT "C" TO
DECLARATION OF CONDOMINIUM FOR
WOOD LAKE CONDOMINLUM
CERTIFICATION
STATE OF GEORGIA
COUNTY OF CLARKE
BEFORE me came in person, Registered
, who, having been duly sworn, on oath says as follows: THAT he has visited the site at 396 Epps Bridge Road, Athens, Clarke County. Georgia, and viewed the property known or to be known as "Wood Lake Condominium" and that, to the best of his knowledge, information and belief: (a) the exterior walls and roof of each structure are in place substantially as shown on plans therefor entitled "plans for Wood Lake Condomini% hereinafter referred to as the "Plan% '. which Plans are to be filed in the Office of the Clerk of the Superior Court of Clarke County, Georgia simultaneously with the filing of the Declaration for Wood Lake Condominium to which this Certificate shall be attached and, by reference, made a part thereof; (b) such walls, partitions, floors and ceilings, to the extent shown on said Plans, as constitute the horizontal boundaries, if any, and the vertical boundaries of each Unit, including convertible space, have been sufficiently constructed to clearly establish the physical boundaries of each such Unit.
Sworn to and subscribed before me this day of • 1985.
Unofficial Witness
Notary Public
Commission Expiration Date:
(NOTARIAL SEAL)
EXHIBIT "C-1" TO
DECLARATION OF CONDOMINIUM FOR
WOOD LAKE CONDOMINIUM
CERTIFICATION PARCEL C (REV.)
STATE OF GEORGIA
COUNTY OF CLARKE
BEFORE me came in person, DAVID W. MATHENY, Registered Architect, who, having been duly sworn, on oath says as follows:
THAT he has visited the site at 396 Epps Bridge Road, Athens, Clarke County, and viewed the property known or to be known as 'Wood Lake Condominium-Parcel C (Reva, and that, to the best of his knowledge, information and bellehown a) the exterior walls and roof of each structure are in place substantially as shown on plans therefor entitled "Plans for Wood Lake Condominium Parcel C (Rev.)" (hereinafter referred to as the "Plans'), which Plans are to be filed in the Office of the Clerk of the Superior Court of Clarke County, Georgia simultaneously with the filing of the Declaration for Wood Lake Condominium to which this Certificate shall be attached and, by reference, made a part thereof; (b) such walls, partitions, floors and ceilings, to the extent shown on said Plans, as constitute the horizontal boundaries, if any, and the vertical boundaries of each Unit, including convertible space, have been sufficiently constructed to clearly establish the physical boundaries of each such Unit.
Sworn to and subscribed before me this/8th day of Lec ., 1985.
Lisa A. Patterson Matter
Unofficial Witness MATHENY
Wade A. Fra
Notary Public
Completon Expiration Date: Ny Composite Epis See 1, 133
(NOTARIAN SEAL)
SLIC
CLOK 590 PAGE 325
EXHIBIT "D' TO
DECLARATION OF CONDOMINIUM FOR
WOOD LAKE CONDOMINIUM CONDOMINIUM
CONDOMINIUM UNIT INFORMATION
PERCENTAGE
APPROXIMATE AREA INTEREST IN
ẠỊON LINN (TOTAL SQ. FT.) COMMON ELEMENTS
2491 6.20
1982 4.93
1921 4.78
5.25
5.56
5.50
5.12
5.88
7,30
5.83€
4.94€
5.83e
5.97e
5.56€
5.12 e
4.94 e
1 2000e, 4.98 e
18 2535e 6.31e
40,162 100.00
estimate
VOTING RIGHTS: Ownership of a Unit within the Condominium entitles the owner or owners thereof to membership in the Association and to collectively vote on all matters properly before the Association under the provisions of the Declaration, the by-laws of the Association or the Georgia Condominium Act. The number of votes appurtenant to each Unit shall be as provided above, unless the Declarant exercises his right and option to submit additional property under the provisions of the Declaration and the Act. In the event that the Declarant so elects, each and every Unit shall be entitled to one vote in the Association.
NOTICE: THE NUMBER OF VOTES IN THE ASSOCIATION AND THE PERCENTAGE INTEREST IN THE COMMON ELEMENTS IS SUBJECT TO CHANGE WITHOUT THE CONSENT OF THE OWNERS OR THE ASSOCIATION UNDER THE EXPANSION PROVISIONS SET OUT HEREIN AND IN EXHIBIT "F" TO THE DECLARATION.
LIABILITY FOR COMMON EXPENSES: Each Unit shall be liable for payment of common expenses in the same percentage as the interest in the Common Elements appertaining to that Unit. At any time, the percentage interest in the Common Elements appertaining to any individual Unit, except in the cases of Units with attached garages, Units with basements, Units built entirely on one level, or custom built Units, shall be the quotient derived from dividing the square footage contained within that Unit by the total square footage contained in all Units in Wood Lake Condominium. In the case of a Unit with an attached garage, the percentage interest in the Common Elements appertaining to said Unit shall be the quotient derived from dividing the total square footage contained within that Unit, said total square footage being equal to the sun of the square footage of liveable space plus one-half of the square footage contained within the garage, by the total square footage contained in all Units in Wood Lake Condominium. In the case of a Unit with a basement, the percentage interest in the Common Elements appertaining to said Unit shall be the quotient derived from dividing the total square footage contained within that Unit, said total square footage being equal to the sum of the square footage of liveable space contained in the floor or floors located above the basement plus one-fourth of the square footage contained within the basement (including the garage, if any, located in the basement), by the total square footage contained in all Units in Wood Lake Condominium. In the case of a Unit built entirely on one level, the percentage interest in the Common Elements appertaining to said Unit shall be the quotient derived from dividing the total square footage contained within that Unit, said total square footage being equal to the sum of the square footage of liveable space plus one-fifth of the square footage of liveable space, by the total square footage contained in all Units in Wood Lake Condominium. In the case of a custom built Unit, the percentage interest in the Common Elements shall be determined at the time of conveyance of the Unit based upon the amount of customizing provided and the amount of maintenance and upkeep required on said Unit.
EXHIBIT "D" TO
ECLARATION OF CONDOMINTIM FO
JOOD LAKE CONDOMINIUM CONDOMINIU
CONDOMINIUM UNIT INFORMATION
PERCENTAGE
INTEREST IN
2932
20,297 100.00
VOTING RIGHTS: Ownership of a Unit within the Condominium entitles the owner or owners thereof to membership in the Association and to collectively vote on all matters properly before the Association under the provisions of the Declaration, the by-laws of the Association or the Georgia Condominium Act. The number of votes appurtenant to each Unit shall be as provided above, unless the Declarant exercises his right and option to submit additional property under the provisions of the Declaration and the Act. In the event that the Declarant so elects, each and every Unit shall be entitled to one vote in the Association.
THE NUMBER OF VOTES IN THE ASSOCIATION AND THE PERCENTAGE INTEREST IN THE COMMON ELEMENTS IS SUBJECT TO CHANGE WITHOUT THE CONSENT OF THE OWNERS OR THE ASSOCIATION UNDER THE EXPANSION PROVISIONS SET OUT HEREIN AND IN EXHIBIT "F" TO THE DECLARATION.
LIABILITY FOR COMMON EXPENSES: Each Unit shall be liable for payment of common expenses in the same percentage as the interest in the Common Elements appertaining to that Unit. At any time, the percentage interest in the Common Elements appertaining to any individual Unit, except in the cases of Units with attached garages, Units with basements, Units built entirely on one level, or custom built Units, shall be the quotient derived from dividing the square footage contained within that Unit by the total square footage contained in all Units in Wood Lake Condominium. In the case of a Unit with an attached garage, the percentage interest in the Common Elements appertaining to said Unit shall be the quotient derived from dividing the total square footage contained within that Unit, said total square footage being equal to the sum of the square footage of liveable space plus one-half of the square footage contained within the garage, by the total square footage contained in all Units in Wood Lake Condominium. In the case of a Unit with a basement, the percentage interest in the Common Elements appertaining to said Unit shall be the quotient derived from dividing the total square footage contained within that Unit, said total square footage being equal to the sum of the square footage of liveable space contained in the floor or floors located above the basement plus one-fourth of the square footage contained within the basement (including the garage, 1f any, located in the basement), by the total square footage contained in all Units in Wood Lake Condominium. In the case of a Unit built entirely on one level, the percentage interest in the Common Elements appertaining to said Unit shall be the quotient derived from dividing the total square footage contained within that Unit, said total square footage being equal to the sum of the square footage of liveable space plus one-fifth of the square footage of liveable space, by the total square footage contained in all Units in Wood Lake Condominium. In the case of a custom built Unit, the percentage interest in the Common Elements shall be determined at the time of conveyance of the Unit based upon the amount of customizing provided and the amount of maintenance and upkeep required on said Unit.
EXHIBIT "D" TO
DECLARATION OF CONDOMINIUM FOR
WOOD LAKE CONDOMINIUM CONDOMINIUM
CONDOMINIUM UNIT INFORMATION
PERCENTAGE
APPROXIMATE AREA INTEREST IN
'ON LINA (TOTAL SQ. FT.) COMMON ELEMENTS
2491 8.23
1982 6.55
1921 6.34
2110 6.97
2235 7.38
2209 7.29
7 2057 6.79
2360 7.79
2932 9.68
2641 8.72
2092 6.91
2620 8.65
2636 8.70
100.00
VOTING RIGHTS: Ownership of a Unit within the Condominium entitles the owner or owners thereof to membership in the Association and to collectively vote on all matters properly before the Association under the provisions of the Declaration, the by-laws of the Association or the Georgia Condominium Act. The number of votes appurtenant to each Unit shall be as provided above, unless the Declarant exercises his right and option to submit additional property under the provisions of the Declaration and the Act. In the event that the Declarant so elects, each and every Unit shall be entitled to one vote in the Association.
NOTICE: THE NUMBER OF VOTES IN THE ASSOCIATION AND THE PERCENTAGE INTEREST IN THE COMMON ELEMENTS IS SUBJECT TO CHANGE WITHOUT THE CONSENT OF THE OWNERS OR THE ASSOCIATION UNDER THE EXPANSION PROVISIONS SET OUT HEREIN AND IN EXHIBIT "F" TO THE DECLARATION.
LIABILITY FOR COMMON EXPENSES: Each Unit shall be liable for payment of common expenses in the same percentage as the interest in the Common Elements appertaining to that Unit. At any time, the percentage interest in the Common Elements appertaining to any individual Unit, except in the cases of Units with attached garages, Units with basements, Units built entirely on one level, or custom built Units, shall be the quotient derived from dividing the square footage contained within that Unit by the total square footage contained in all Units in Wood Lake Condominium. In the case of a Unit with an attached garage, the percentage interest in the Common Elements appertaining to said Unit shall be the quotient derived from dividing the total square footage contained within that Unit, said total square footage being equal to the sum of the square footage of liveable space plus one-half of the square footage contained within the garage, by the total square footage contained in all Units in Wood Lake Condominium. In the case of a Unit with a basement, the percentage interest in the Common Elements appertaining to said Unit shall be the quotient derived from dividing the total square footage contained within that Unit, said total square footage being equal to the sum of the square footage of liveable space contained in the floor or floors located above the basement plus one-fourth of the square footage contained within the basement (including the garage, if any, located in the basement), by the total square footage contained in all Units in Wood Lake Condominium. In the case of a Unit built entirely on one level, the percentage interest in the Common Elements appertaining to said Unit shall be the quotient derived from dividing the total square footage contained within that Unit, said total square footage being equal to the sum of the square footage of liveable space plus one-fifth of the square footage of liveable space, by the total square footage contained in all Units in Wood Lake Condominium. In the case of a custom built Unit, the percentage interest in the Common Elements shall be determined at the time of conveyance of the Unit based upon the amount of customizing provided and the amount of maintenance and upkeep required on said Unit.
P:1OK 590 PACE 326
EXHIBIT "E" TO
DECLARATION OF CONDOMINIUM FOR
WOOD LAKE CONDOMINIUM
USE RESTRICTIONS
Business Activities. No business activities shall be conducted on the portions of the Property designated for residential use; provided, however, the foregoing restriction shall not apply to the business activities, signs and billboards of Declarant, its agents or assigns, during the sale period in which Declarant holds any Unit primarily for sale to third parties.
Ixcept as my be required by legal proceedings, no "For Sale" or "For Rent' advertising posters of any kind shall be maintained or permitted on any portion of the Property without the express written permission of the Board of Directors of the Association first having been obtained. The approval of signs and posters shall be upon such conditions as may 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 not disapproved within ten (10) days after written request therefor has been submitted to the Association.
No animals or birds, other than a reasonable number of generally recognized house pets, shall be kept or maintained on any portion of the Property and then only if they are kept or maintained solely as domestic pets and not for commercial purposes. No animal or bird shall be allowed to make an unreasonable amount of noise, or to become a nuisance. Pets shall be under leash when walked or exercised in the Common Elements. Upon the written request of any Unit Owner, the Board of Directors of the Association shall conclusively determine, in its sole and absolute discretion, whether for the purposes of this section a particular pet or pets are permitted, constitute a nuisance, are reasonable in number or are otherwise in violation of this section or the rules and regulations of the Association, and shall have the right to require the owner of a particular pet or pets to remove such pet or pets from the Condominium if such pet or pets are found any such restrictions. In addition, any Unit Owner shall be liable to the Association for the cost of repair of any damage to the Common Elements caused by the pet of such Owner or occupant, and the same shall be added to and become part of that portion of any assessment next coming due to which such Unit Owner is subject. Further, no structure for the care, housing or confinement of any animal or bird shall be constructed or maintained outside any area serving a Unit, nor shall such a structure be constructed or maintained within any area which is not fully enclosed unless the same shall be approved in writing by the Board of Directors of the Association.
4. Use of Common Areas and Facilities. The use and enjoyment of the Common Elements and facilities by the Unit Owners, their families, visitors, guests, customers, servants and agents, shall be subject to such reasonable rules and regulations as may be made and amended from time to time in accordance with the Declaration and By-Laws of the Association. It is expressly acknowledged and agreed by all parties concerned that this section is for the mutual benefit of all Unit Owners in the Condominium and 1s necessary for the protection of Unit Owners.
No antenna or other device for the transmission or reception of television signals, radio signals, or any form of electromagnetic radiation shall be erected, used or maintained outdoors on any portion of the Property, whether attached to a building or structure or otherwise, provided, however, Declarant and the Association shall have the right to erect, construct and maintain such devices.
To provide a neat, attractive and harmonious appearance throughout the Condominium, no awnings, shades or screens shall be attached to, hung or used on the exterior of any window or door of a Unit or on the any building without the prior written consent of the Board of Directors of the Association or an Architectural Committee appointed by the Board
Further, no foil or other reflective material shall be used on any windows for sun screens, blinds, shades or any other purpose, nor shall any window air-conditioning units be installed. All shades, drapery linings and other window treatments visible from the exterior of a Unit on any window or door shall be white
Windmills, solar panels and outside clothes lines or other outside facilities for drying or airing clothes are specifically prohibited and shall not be erected, placed or maintained on any portion of the Property, nor shall any clothing, rugs or any other item be hung on any railing or fence enclosing any
The design, type, location, size, intensity and color of all exterior lights (including both those mounted as part of the original construction
of the property or otherwise in place at the time of a conveyance of a Unit to an Owner and those mounted with the consent of the Board of Directors) shall be subject to the control of the Board of Directors.
7. Nyisances. No rubbish or debris of any kind shall be dumped, placed or permitted to accumulate upon any portion of the Property, and no odors shall be permitted to arise therefrom, so as to render any portion thereof unsanitary, unsightly, offensive or detrimental to persons using or occupying other portions of the Property. No nuisance shall be permitted to exist or operate upon any portion of the Property so as to be offensive or detrimental to persons using or occupying other portions of the Property. Without limiting the generality of any of the foregoing provisions, no exterior speakers, horns, whistles, bells or other sound devices, except security devices used exclusively for security purposes, shall be located, used or placed on the Property. Any Unit Owner (or his family, servants, agents or guests) who shall dump or place any trash or debris upon any portion of the Property shall be liable to the Association for the actual cost of the removal thereof or the sum of $25.00 whichever 1s greater, and the same shall be added to and become part of that portion of any assessment next coming due to which the Unit Owner is subject. Without limiting the generality of any of the foregoing provisions, no outside trash receptacles shall be permitted on the Property unless the same have been provided by or have been approved by the Board of Directors of the Association.
Noxious or offensive activities shall not be carried on in any Unit or in the Common Elements and facilities.
his family, visitors, guests, customers, servants and agents shall refrain from any act or use of his Unit or the Common Elements and facilities which could reasonably discomfort, annoyance or nuisance to the occupants of the Units, or which could result in the cancellation of insurance on any Unit or any portion of the Common Elements and facilities, or which would be in violation of any law or governmental code or regulation.
Without limiting the generality of the foregoing, it is hereby specifically provided that the following uses shall be prohibited on the condominium property: (1) game rooms, (2) dance halls, (3) distribution or sale of literature or any other activity which may be considered lewd, indecent, pornographic or designed primarily for adult entertainment.
Automobiles shall be parked only in garages and upon those portions of the Common Elements designated for such purpose by the site plan in accordance with the rules and regulations of the Association, and the keeping and operation thereof on the property shall otherwise be subject to the rules and regulations of the Association adopted by the Board of Directors. Except for the storage areas located in garages, garages shall not be used for any purpose that would preclude the parking of vehicles, and garage doors limitation mobile homes, motor homes, trucks, truck campers, trailers of any kind and boats, shall be kept, placed, stored, parked, maintained or operated only upon those portions of property, if any, designated specifically for such purpose by the Board of Directors of the Association. Further, although not expressly prohibited hereby, the Board of Directors of the Association may prohibit mobile homes, motor homes, truck campers, trailers of aay kind, motorcycles, motorized bicycles, aotorized go-carts and other such vehicles or contrivances, or any of them, from being kept, placed, stored, maintained or operated upon any portion of the Property such prohibition or regulation shall be in the best interests of the Condominium.
Approval Regu ced for Changes in Architectural Appearance. To preserve the architectural appearance of the Condominium, no construction of any nature whatsoever shall be commenced or maintained by any Owner other than Declarant with respect to the exterior of any Unit or any Limited Common Element appurtenant thereto or to any portion of the Common Elements, nor shall any exterior addition to or change or alteration therein be made, including, without limitation, the enclosure of any porch or balcony, unless and until the plans and specifications showing the nature, kind, shape, height, materials and location of the same shall have been submitted to and approved in writing by the Board of Directors or an Architectural Committee appointed by the Board of Directors, as to harmony of external design and location in relation to surrounding structures and topography. All such construction must also be in compliance with all applicable governmental laws, ordinances, rules and regulations, and all necessary permits shall be obtained before any such construction is A Unit Owner may plant or landscape a courtyard which 1s a part of his Unit, provided that plans for such planting or landscaping shall have been approved in writing in advance by the Board of Directors or such committee and such Unit Owner agrees to bear the added cost of maintenance of the additional plants if required by the Board of Directors of the
Association. A Unit Owner may make improvements and alterations within the garage or dwelling comprising his Unit; provided, however, that no Unit Owner shall make any improvements or alterations within his Unit or remove any portion thereof or make any additions thereto or do anything which would or might jeopardize or impair the safety, soundness or structural integrity of any structure or otherwise materially lessen the support of any portion of the Condominium. Further, no Unit Owner shall impair any easement without first obtaining the written consent of the Association and of the Unit Owner or Owners and their mortgagees for whose benefit such easement exists.
Use of Amenities. Any amenities provided for the use of the Unit Owners and their guests or any other occupants of a Unit are subject to the following restrictions:
(a) (1) No swimming is permitted in either of the two lakes,
(11) No motorized craft of any kind are permitted on or in either of the two lakes, and
(111) Fishing will be allowed in both of the lakes subject to any rules and regulations to be established by the Association;
The Club House (s) may be used by the Unit Owners and their guests during the hours of operation as established by the Association; provided, however, that a Unit Owner may reserve the use of any portion of the Club House(s) upon the giving of a deposit, which deposit is to be established by the Association, and with the further stipulation that said Unit Owner is responsible for the clean-up of the Club House after his use thereof; and
(c) A Unit Owner 1s responsible for cleaning up any litter which either he or his guests accumulate by reason of their use of any of the other amenities areas, including without limitation the picnic areas, barbeques, gazebos or nature trails.
The Property as a Protected The entire Property is a wildlife protected area. No firearms may be discharged by anyone while on the property' In No trapping, snaring or hunting of any kind will be permitted on the property. addition, no Unit Owner, other than Declarant, his agents or employees, may cut any trees, shrubs or vegetation of any nature located on the property.
13. Sale or Leasing. The following provisions shall apply to sales, leases or subleases of Units: (For the purpose of this Section 13, any reference to a "lease" of a Unit shall also include any sublease thereof.)
In order to assure a community of congenial Owners and thus protect the value of the Units, all sales and leases of Units by any Owner other than Declarant or a first or second priority mortgagee shall be subject to the provisions of this Section 13(a) so long as the Property is subject to this Declaration and the Act. A Unit Owner intending to sell or lease his Unit shall give notice in writing to the Board of Directors of any proposed sale or lease, stating the name and address of the intended purchaser or lessee, the terms of the proposed transaction and such other information as the Board may reasonably require, together with a copy of the proposed contract for sale or lease agreement.
both the intended lessor and lessee, or intended seller and purchaser, as may be applicable, and shall contain a statement in favor of the Association that the purchaser or lessee acknowledges that he or she has received and read this Declaration and the By-Laws and the rules and regulations of the Association and that the purchaser or lessee understands that he or she is bound by their provisions. Such notice shall automatically become a part of the lease agreement, and any violation of the provisions of the notice shall constitute a breach thereof. Within fifteen (15) days after receipt of such notice, the Board of Directors shall notify such Unit Owner in writing that; (1) the transaction is approved, (11) the Association will furnish a purchaser or lessee approved by the Board of Directors who will purchase or lease the Condominium Unit upon the terms and conditions stated in such contract or lease, except that such purchaser or lessee shall have thirty (30) days subsequent to the date of such notice from the Board of Directors in which to close the transaction, or (111) the Association will purchase or lease the Unit upon such terms and conditions, except that the Association shall have thirty (30) days after such notice from the Board of Directors in which to close the transaction. A notice of approval by the Board of Directors shall be in recordable form and shall also be delivered to the purchaser or lessee named in the Unit Owner's notice. Should the Board of Directors fail to respond to the Unit Owner's notice within fifteen (15) days, the transaction shall be deemed approved. Upon the request of a Unit Owner or the purchaser or lessee having executed a contract for the purchase or lease of the Unit owned by such Unit Owner, as may be applicable, for the issuance of a recordable statement certifying as to any waiver of, or failure or refusal to exercise the rights set forth in this
Section 13(a) in such cases where such waiver, failure or refusal does in fact occur, the Board shall furnish such a statement to the person requesting the same within fifteen (15) days of receipt of such request. Failure or refusal to furnish such a statement within such fifteen (15) day period shall cause all rights and restraints set forth in this Section 13(a) to be inapplicable to the disposition of the Unit in contemplation of which such statement was requested. Any such statement shall be binding on the Association and every Unit Owner, and payment of a fee not exceeding twenty-five dollars ($25.00) may be required as a prerequisite to the issuance of such statement. Approval by the Board of Directors of any sale or lease of a Unit shall not constitute a waiver of the right of approval of any other sale or lease or of any assignment, extension, renewal or modification of any contract of sale or lease previously approved.
(b) No Unit. Owner may lease less than his entire Unit, and no lease shall be for an initial term of less than six (6) months. Any lease shall be expressly subject to the provisions of this Declaration and the By-Laws and rules and regulations of the Association. Any failure by the lessee to comply with the terms such documents shall be a default under the lease, and any lease shall so
In the event of such non-compliance by any lessee, the Board of Directors shall have the right to levy an assessment against the Owner of such Unit for any charge or fine made by the Association incurred as a result of such non-compliance, and such Owner shall be responsible for such non-compliance and for losses caused
Every lease shall be in writing, and prior to the commencement of any lease of a Unit, the Unit Owner or lessee shall provide the Secretary of the Association and the managing agent of the Association, if any, with the name of the lessee, the term of the lease and a copy of the lease, and thereafter with copies assignment, extension, renewal or modification of such lease, if the same not previously been provided pursuant to Section 13(a).
Any of the foregoing provisions of this Section 13 which may be construed to the contrary notwithstanding, there shall be no restriction on the right of a Unit Owner to mortgage or otherwise encumber his Unit, and the sale or lease by Declarant of any Unit owned by Declarant or the sale or lease by any mortgagee who becomes the owner of a Unit at a judicial or foreclosure sale conducted with respect to the mortgage on such Unit or as transferee pursuant to any proceeding in lieu thereof, so long as such Unit is owned by such person, shall not be subject to the provisions of this Section 13. The occupancy of any Unit under any such lease from Declarant or such mortgagee shall be otherwise subject to the provisions of this Declaration and the By-Laws and rules and regulations of the Association, however, and the purchaser of a Unit from Declarant or such mortgagee shall take title to such Unit subject to the provisions of this Section 13.
Single Related Family Group• Occupancy of all Units is hereby restricted to single related family groups with no more than one (1) unrelated occupant. In addition, no more than two (2) persons related by blood may occupy a Unit except when living with their parents.
Unsightly or Unkempt Conditions. The pursuit of hobbies or other activities, including specifically, without limiting the generality of the foregoing, the assembly and disassembly of motor vehicles and other mechanical devices, which might tend to cause disorderly, unsightly or unkempt conditions, shall not be pursued or undertaken on any portion of the Property.
No action shall at any time be taken by the or its Board of Directors which in any manner would discriminate against any Unit Owner or Unit Owners in favor of any other Unit Owner or Unit
Governmental Regulations. All governmental building codes, health regulations, zoning restrictions and the like applicable to the Property shall be
In the event of any conflict between any provision of any such governmental code, regulation or restriction and any provision of this Deciaration, the more restrictive provision shall apply.
any provisions contained in the Declaration to the contrary, it shall be expressly permissible for Declarant and its duly authorized agents, representatives and employees to maintain and carry on, during the period of the sale of the Units, upon such portion of the Property as eclarant may deem necessary, such facilities and activities as in the sole opinio f Declarant may be reasonably required, convenient or incidental to the renovatio and sale of said Units, including, but without limitation, offices, signs and model
The right to maintain and carry on such facilities and activities shall include specifically the right to use a model unit and parking facilities adjacent thereto for such purposes.
EXHIBIT "F" TO
DECLARATION OF CONDOMINIUM FOR
WOOD LAKE CONDOMINIUM
EXPANSION PROVISIONS
Declarant has reserved under the provisions of Section 2.10 of Article 2 of the Declaration the right to expand the Condominium by submitting additional property thereto upon which additional Condominium Units have been or will be constructed. initial property submitted by the within Declaration of Condominium is hereby designated and hereinafter referred to as Phase I, and the additional property or properties that may be submitted hereafter is hereinafter referred to as Phase II. Declarant may, as it may determine in its sole discretion and without any limitations, submit any or all of the additional property at any time during the period of time ending seven (7) years from the date of recording of this Declaration; provided, however, that the Unit Owners of the Units to which two-thirds of the votes in the Association appertain, exclusive of any vote or votes appurtenant to any Unit or Units then owned by Declarant, may consent to the extension of this option within one year prior to the date upon which the option would otherwise have expired. Other than the foregoing, there are no limitations on Declarant's option to expand the Condominium. Declarant may exercise this option and right by the recording of an Amendment to the Declaration setting out that said additional Phase or Phases have been submitted to the Condominium form of ownership under the provisions of the Declaration and the Act. Declarant shall thereafter comply with all the terms and provisions of the Act in regard to filing all notices and documents as required under the Act. Without limiting the generality of the foregoing, Declarant shall, upon the submission of an additional Phase and the completion of the improvements thereon, file for record an Amendment to che Exhibit "D' to this Declaration which shall set forth the adjusted common area interests appertaining to each Unit in the Condominium.
The description of the additional property that may be submitted either in whole or in part under these Expansion Provisions is as hereinafter set out in this Exhibit "F", specifically provided that with respect to the additional property, the improvements to be erected thereon shall not consist of more than six Units per acre. Declarant may submit the Additional Property, or any portion thereof, at any time and at different times during the period of time ending seven (7) years from the date of recording of this Declaration; no limitations exist fixing the. boundaries by legal description of any portion of the Additional Property which may be submitted or regulating the order in which the portions may be added to the Condominium.
limitations exist as to the location of any improvements that may be made on any portions of the Additional Property. This Declaration contemplates the possible creation of a retail service area, as approved on August 10, 1983 by the Athens-Clarke County Planning Commission, upon the Additional Property; the retail service area to be created is hereby restricted to a maximum contiguous area as approved by the August 10, 1983 zoning or to be approved by a subsequent rezoning of the property. In addition, an area of 4.349 acres, more or less, as described in a Lease Agreement between Wood Lake Ltd.-I and Wood Lake Condominium Association, Inc. contains certain amenities which may be submitted to the Condominium at a future date; no assurances are made as to the number or type of amenities which may be included in this area. All other Units to be created on any of the Additional Property are hereby restricted to residential use only. Other than the foregoing, no assurances are made as to what other improvements may be made on any portion of the Additional Property added to the Condominium. All construction shall be of equal or greater quality than existing Units and shall be harmonious in decor, external design and appearance. No limitations are placed on Declarant's right to create Limited Common Elements within any portion of the Additional Property or to designate Common Elements which may subsequently be assigned as Limited Common Elements.
Any purchaser of a Condominium Unit in Wood Lake Condominium, by the acceptance of a deed thereto, thereby agrees, without the necessity of any further writing or consent, to the decrease in the percentage interest of the Common Elements appertaining to his or her Unit in the event that any or all of the additional Phases are in fact submitted to the Condominium form of ownership under the provisions of the Declaration for Wood Lake Condominium or the Act. At any time, the percentage interest in the Common Elements appertaining to any individual Unit shall be the quotient derived from dividing the square footage contained within that Unit by the total square footage contained in all Units in Wood Lake Condominium.
The property contained within the individual Phases which may be subsequently submitted under the provisions of the Declaration are as follows:
PHASE I SUBMITTED PROPERTY: All that tract or parcel of land containing 3.717 acres, more or less, lying and being in the 1467th District, G.M., Clarke County, Georgia, and being more particularly described as follows:
To find the TRUE POINT OF BEGINNING, begin at a one-half inch reinforcing rod set on the Northerly right-of-way of the Epps Bridge Road, said rod being 3,402.42 feet Southwesterly along the curvature of the northerly right of way of Epps Bridge Road from the Southerly right-of-way of the Atlanta Highway; run thence North 48 degrees 10 minutes 47 seconds West 97.30 feet to a one-half inch reinforcing rod; thence in an arc, the radius thereof being 349.81 feet, in a Northwesterly direction 55.88 feet to a one-half inch reinforcing rod, the chord of said arc being North 43 degrees 36 minutes 13 seconds West 55.82 feet; thence North 39 degrees 01 minutes 38 seconds West 165.70 feet to a one-half inch reinforcing rod; thence in a arc, the radius thereof being 171.25 feet, in a Northwesterly direction 167.07 feet to a one-half inch reinforcing rod, the chord of said arc being North 11 degrees 04 minutes 41 seconds West 160.53 feet; thence North 16 degrees 52 minutes 17 seconds East 232.46 feet to a one-half inch reinforcing rod; thence in an arc, the radius thereof being 171.93 feet, in a Northwesterly direction 102.58 feet to a one-half inch reinforcing rod, the chord of said arc being North 0 degrees 13 minutes 17 seconds West 101.07 feet; thence in an arc, the radius thereof being 171.93 feet, in a Northwesterly direction 90.70 feet to a one-half inch reinforcing rod, the chord of said arc being North 32 degrees 25 minutes 34 seconds West 89.65 feet; thence in an arc, the radius thereof being 824.86 feet, in a Northwesterly direction 297.43 feet to a one-half inch reinforcing rod, the chord of said arc being North 57 degrees 52 minutes 05 seconds West 295.82 feet; thence in an arc, the radius thereof being 281.48 feet, in a Northwesterly direction 54.17 feet to a one-half inch reinforcing rod, the chord of said arc being North 73 degrees 42 minutes 39 seconds West 54.08 feet, said one-half inch reinforcing rod being the TRUE POINT OF BEGINNING; running thence North 16 degrees 19 minutes 56 seconds East 143.99 feet to a one-half inch pipe; thence North 48 degrees 17 minutes 28 seconds West 308.81 feet to a one-half inch pipe; thence North 47 degrees 55 minutes 51 seconds West 82.18 feet to one-half inch pipe; thence South 41 degrees 40 minutes 47 seconds West 349.70 feet to a one-half inch reinforcing rod; thence South 13 degrees 16 minutes 38 seconds West 163.00 feet to an 1ron pin found; thence South 62 degrees 51 minutes 51 seconds East 100.30 feet to a one-half inch reinforcing rod; thence in an arc, the radius thereof being 188.63 feet, in a Northeasterly direction 179.67 feet to a one-half inch reinforcing rod, the chord of said arc being North 89 degrees 50 minutes 59 seconds East 172.95 feet; thence North 62 degrees 33 minutes 49 seconds East 86.19 feet to a one-half inch reinforcing rod; thence in an arc, the radius thereof being 281.48 feet, in a Northeasterly direction 187.73 feet to the TRUE POINT OF BEGINNING, the chord of
Also, Declarant herein expressly grants unto Wood Lake Condominium Association, Inc. and to all current and future members of said Association, said members of the Association being all Owners of Units in Wood Lake Condominium and their heirs, successors and assigns, a nonexclusive easement upon, across, over and under Wood Lake Drive for the purposes of ingress and egress to and from the hereinabove described property and to and from any other property contained within the Phase II Additional Property in which said Association and/or its members thereof have an interest. PHASE II ADDITIONAL PROPERTY: All that tract or parcel of land containing 46.361 acres, more or less, lying and being in the 1467th District, G.M., Clarke County, Georgia, and being more particularly described as follows:
BEGINNING at a one-half inch reinforcing rod set on the Northerly right of way of the Epps Bridge Road where the herein described property corners with property now or formerly of Dukes, said rod being 3,938.53 feet Southwesterly along the curvature of the said Northerly right-of-way of Epps Bridge Road from the Southerly right of way of the Atlanta Highway; running thence North 56 degrees 25 minutes 17 seconds West 258.92 feet along the line of Dukes to an iron pin found; thence North 24 degrees 45 minutes 12 seconds East 459.59 feet to a rock with a "+" mark; thence North 71 degrees 43 minutes 00 seconds West 1136.14 feet to an iron pin set; thence North 19 degrees 24 minutes 00 seconds West 931.68 feet to a one-half inch reinforcing rod; thence North 35 degrees 56 minutes 41 seconds East 150.00 feet to a one-half inch reinforcing rod; thence North 35 degrees 58 minutes 54 seconds East 484.28 feet to a 5/8ths inch rod; thence South 48 degrees 10 minutes 29 seconds East 460.70 feet to a point; thence South 47 degrees 28 minutes 43 seconds East 115.69 feet to an iron pin found; thence South 48 degrees 05 minutes 01 seconds East 194.91 feet to a one-half inch reinforcing rod; thence South 49 degrees 35 minutes 20 seconds East 59.86 feet to an iron pin found; thence South 48 degrees 11 minutes 08 seconds East 38.77 feet to a one-half inch pipe; thence South 47 degrees 55 minutes 51 seconds East 82.18 feet to an iron pin found; thence South 48 degrees 17 minutes 28 seconds East 308.81 feet to a one-half inch pipe; thence South 48 degrees 12 minutes 15 seconds East 410.10 feet to a one-half inch reinforcing rod; thence South 48 degrees 03 minutes 16 seconds East 473.80 feet to a
one-half inch reinforcing rod; thence South 49 degrees 02 minutes 13 seconds East 94.59 feet to a one and one-half East 74.93 feet to a one-half inch reinforcing rod on the Northerly right-of-way of said Epps Bridge Road; thence along said Epps Bridge Road South 34 degrees 14 minutes 34 seconds West 163.52 feet to a one-half inch reinforcing rod; thence along said Epps Bridge Road in an arc, the radius thereof being 2,765.13 feet, in a Southwesterly direction 334.90 feet to a one-half inch reinforcing rod, the chord of said arc being South 37 degrees 42 minutes 45 seconds West 334.70 feet; thence along said Epps Bridge Road South 42 degrees 00 minutes 40 seconds West 80.00 feet to a one-half inch reinforcing rod; thence along said Epps Bridge Road in an arc, the radius thereof being 2,765.13 feet, in a Southwesterly direction 456.11 feet to the beginning one-half inch West 455.59 feet. reinforcing rod, the chord of said arc being South 47 degrees 33 minutes 55 seconds LESS AND EXCEPT all that tract or parcel of land containing 3.717 acres, more or less, lying and being in the 1467th District, G.M., Clarke County, Georgia, and being more particularly described as follows: To find the TRUE POINT OF BEGINNING, begin at a one-half inch reinforcing rod set on the Northerly right-of-way of the Epps Bridge Road, said rod being 3,402.42 feet Southwesterly along the curvature of the northerly right of way of Epps Bridge Road from the Southerly right-of-way of the Atlanta Highway; run thence North 48 degrees 10 minutes 47 seconds West 97.30 feet to a one-half inch reinforcing rod; thence in an arc, the radius thereof being 349.81 feet, in a Northwesterly direction 55.88 feet to a one-half inch reinforcing rod, the chord of said arc being North 43 degrees 36 minutes 13 seconds West 55.82 feet; thence North 39 degrees 01 minutes 38 seconds West 165.70 feet to a one-half inch reinforcing rod; thence in a arc, the radius thereof being 171.25 feet, in a Northwesterly direction 167.07 feet to a one-half inch reinforcing rod, the chord of said arc being North 11 degrees 04 minutes 41 seconds West 160.53 feet; thence North 16 degrees 52 minutes 17 seconds East 232.46 feet to a one-half inch reinforcing rod; thence in an arc, the radius thereof being 171.93 feet, in a Northwesterly direction 102.58 feet to a one-half inch reinforcing rod, the chord of said arc being North 0 degrees 13 minutes 17 seconds West 101.07 feet; thence in an arc, the radius thereof being 171.93 feet, in a Northwesterly direction 90.70 feet to a one-half inch reinforcing rod, the chord of said arc being North 32 degrees 25 minutes 34 seconds West 89.65 feet; thence in an arc, the radius thereof being 824.86 feet, in a Northwesterly direction 297.43 feet to a one-half inch reinforcing rod, the chord of said arc being North 57 degrees 52 minutes 05 seconds West 295.82 feet; thence in an arc, the radius thereof being 281.48 feet, in a Northwesterly direction 54.17 feet to a one-half inch reinforcing rod, the chord of said arc being North 73 degrees 42 minutes 39 seconds West 54.08 feet, said one-half inch reinforcing rod being the TRUE POINT OF BEGINNING; running thence North 16 degrees 19 minutes 56 seconds East 143.99 feet to a one-half inch pipe; thence North 48 degrees 17 minutes 28 seconds West 308.81 feet to a one-half inch pipe; thence North 47 degrees 55 minutes 51 seconds West 82.18 feet to a one-half inch pipe; thence South 41 degrees 40 minutes 47 seconds West 349.70 feet to a one-half inch reinforcing rod; thence South 13 degrees 16 minutes 38 seconds West 163.00 feet to an 1ron pin found; thence South 62 degrees 51 minutes 51 seconds East 100.30 feet to a one-half inch reinforcing rod; thence in an arc, the radius thereof being 188.63 feet, in a Northeasterly direction 179.67 feet to a one-half inch reinforcing rod, the chord of said arc being North 89 degrees 50 minutes 59 seconds East 172.95 feet; thence North 62 degrees 33 minutes 49 seconds East 86.19 feet to a one-half inch reinforcing rod; thence in an arc, the radius thereof being 281.48 feet, in a Northeasterly direction 187.73 feet to the TRUE POINT OF BEGINNING, the chord of said arc being North 81 degrees 40 minutes 12 seconds East 184.27 feet.
The above-described property 1s conveyed subject to that certain easement for ingress and egress in favor of Ronald M. Clements, reserved in that certain Warranty Deed from Ronald M. Clements to Wood Lake Ltd.-I, dated August 7, 1984, and recorded in Deed Book 475, page 26, Office of the Clerk of the Superior Court of Clarke County, Georgia.
current and future members thereof, as reserved in the Exhibit "A" hereto.
ALSO, all that tract or parcel of land, which may be hereinafter acquired by Declarant, containing 10.863 acres, more or less, lying and being in the 24lst District and 1467th District, G.M., Clarke County, Georgia, and being more particularly described as follows:
To find the TRUE POINT OF BEGINNING, begin at a one-half inch reinforcing rod set on the Northerly right-of-way of the Epps Bridge Road where the herein described property corners wish property now or formerly of Dukes, said rod being 3,938.53 feet Southwestacly along the curvature of the said Northerly right-of-way of the Epps Bridge Road from the Southerly right-of-way of the Atlanta Highway; running thence North 56 degrees 25 minutes 17 seconds West 258.92 feet along the line of Dukes to an iron pin found, said 1ron pin being the TRUE POINT OF BEGINNING; running thence South 44 degrees 23 minutes West 364.0 feet to an iron pin set; thence North 31 degrees 24 minutes 27 seconds West 1211.54 feet to an iron pin set; thence South 71 degrees 43 minutes 00 seconds East 1136.14 feet to a rock with a "+" mark; thence South 24 degrees 45 minutes 12 seconds West 459.59 feet to the TRUE POINT OF BEGINNING.
ALSO, all that tract or parcel of land, which may be hereinafter acquired by Declarant, containing 10.722 acres, more or less, lying and being in the 1467th District, G.M., Clarke County, Georgia, and being more particularly described as follows:
To find the TRUE POINT OF BEGINNING, begin at a one-half inch reinforcing rod set on the Northerly right-of-way of the Epps Bridge Road, said rod being 2,904 feet Southwesterly along the curvature of the said Northerly right-of-way of Epps Bridge Road from the Southerly right-of-way of the Atlanta Highway; running thence North 48 degrees 41 minutes 55 seconds West 74.93 feet to a one and one-half inch pipe; thence North 49 degrees 02 minutes 13 seconds West 94.59 feet to a one-half inch reinforcing rod; thence North 48 degrees 03 minutes 16 seconds West 473.80 feet to a one-half inch reinforcing rod; thence North 48 degrees 12 minutes 15 seconds West 318.36 feet to the TRUE POINT OF BEGINNING; running thence North 48 degrees 12 minutes 15 seconds West 91.74 feet to a one-half inch pipe; thence North 48 degrees 17 minutes 28 seconds West 308.81 feet to a one-half inch pipe; thence North 47 degrees 55 minutes 51 seconds West 82.18 feet to a one-half inch pipe; thence North 48 degrees 11 minutes 08 seconds West 38.77 feet to a one-half inch pipe; thence North 49 degrees 35 minutes 20 seconds West 59.86 feet to a one-half inch reinforcing rod; thence North 48 degrees 05 minutes 01 seconds west 194.91 feet to a one-half inch pipe; thence North 47 degrees 28 minutes 43 seconds West 115.69 feet to a one-half inch reinforcing rod; thence North 48 degrees 10 minutes 29 seconds West 460.70 feet to a 5/8ths inch rod; thence North 35 degrees 25 minutes 44 seconds East 343.70 feet to a 3/4ths inch shaft; thence South 56 degrees 43 minutes 09 seconds East 87.40 feet to an 1ron pin found; thence South 56 degrees 43 minutes 09 seconds East 89.75 feet to an iron pin found; thence South 56 degrees 43 minutes 09 seconds East 287.23 feet to an 1ron pin found; thence South 56 degrees 43 minutes 09 seconds East 368.07 feet to a point; thence along the meanderings of a branch South 43 degrees 04 minutes 01 seconds East 113.39 feet to a point; thence along the meanderings of said branch South 61 degrees 36 minutes 39 seconds West 73.03 feet to a point; thence along the meanderings of said branch South 01 degrees 59 minutes 50 seconds East 162.80 feet to a point; thence along the meanderings of said branch South 29 degrees 05 minutes 18 seconds East 73.04 feet to a point; thence along the meanderings of said branch South 48 degrees 22 minutes 43 seconds East 83.12 feet to a point; thence along the meanderings of said branch South 09 degrees 43 minutes 27 seconds West 128.64 feet to a point; thence through a pond South 01 degrees 16 minutes 38 seconds West 90.78 feet to a point in said pond; thence through said pond South 51 degrees 22 minutes 12 seconds East 63.79 feet to a point; thence along the meanderings of said branch South 23 degrees 26 minutes 38 seconds West 74.69 feet to the TRUE POINT OF BEGINNING.
EXHIBIT "G" TO
DECLARATION OF CONDOMINIUM FOR
WOOD LAKE CONDOMINIUM
BY-LAWS OF
WOOD LAKE CONDOMINIUM ASSOCIATION, INC.
ARTICLE I
PLAN OF UNIT OWNERSHIP
Section 1. Unit Ownership. The property located on Epps Bridge. Road, Athens, Clarke County, Georgia (hereinafter called the "Property") is to be submitted to the provisions of the Georgia Condominium Act (the "Act') by Declaration recorded in the Office of the Clerk of the Superior Court of Clarke County, Georgia and thereafter shall be known as Wood Lake Condominium (hereinafter called the "Condominium"). defined in the Act and the Declaration shall have such defined meanings when used herein unless the context otherwise requires.
Applicability of By-Laws. The provisions of these By-Laws are applicable to the Property of the Condominium and to the use and occupancy thereof. The term "Property" as used herein shall include the land, the buildings and all other improvements thereof (including the units and the common elements), and all easements, rights and appurtenances belonging thereto, and all other property, personal or mixed, intended for use in connection therewith, all of which are intended to be submitted to the provisions of the Act.
wits and their employees, and any other persons who may use the All present and future owners, mortgagees, lessees and occupants of
facilities of the Property in any manner are subject to these By-Laws, the Declaration and the Rules and Regulations.
The acceptance of a deed or conveyance or the entering into of a lease or the act of occupancy of a unit shall constitute an agreement that these By-Laws, the Rules and Regulations and the provisions of the Declaration, as they may be amended from time to time, are accepted, ratified and will be complied with.
The Association may have offices at such place or places as the Board of Directors may from time to time appoint or the business of
Association may require or make available.
ARTICLE II
BOARD OF DIRECTORS
Number and Qualification. The affairs of the Association shall be governed by a Board of Directors. The Board of Directors shall be composed of at least three (3) but not more than seven (7) persons, as may be determined from time to time by resolution of the Board of Directors, all of whom shall be appointed and subject to removal by Declarant until such time as his authority to so appoint and remove members of the Board of Directors shall expire in accordance with the terms of the Declaration. Upon the expiration of the period of Declarant's right to control the Association, Declarant or any member of the Association shall call a special meeting of the members for the purpose of electing a new Board of Directors which shall be elected by the members. All directors shall be Unit Owners (which shall include, without limitation, any shareholder, director, officer, partner in or trustee of any person, which either alone or with others, is a Unit Owner) or spouses of such owners or designees of Declarant during the period in which Declarant retains the right to control the Association. Any individual who would not be eligible to serve as a director were he not a shareholder, director, officer, partner or trustee as aforesaid shall be disqualified from continuing in office if he ceases to maintain such affiliation.
The Board of Directors shall have the powers and duties necessary for the administration of the affairs of the Association and may do all such acts and things except as by law or by the Declaration or by these By-Laws may not be delegated to the Board of Directors by the Unit Owners' limited to the Such powers and duties of the Board of Directors shall include but shall not be
(a) Operation, care, upkeep and maintenance of the Common Elements.
(b) Determination of the Common Expenses required for the affairs of the
Association, including, without limitation, the operation and maintenance of the Property'.
Collection of the Common Charges and Expenses from the Unit Owners. rgonnel necessary maintenance and opezaton of the Concominium.
(e) Adoption and amendment of Rules and Regulations covering the details of the operation and use of the Property.
(f) Opening of bank accounts on behalf of the Association and designating the signatories required therefor.
(g) Imposing charges and establishing regulations for the use of Common
Elements such as parking areas, storage areas and laundry facilities. (h) Obtaining of insurance for the Property, including the units, pursuant to the provision of the Act, the Declaration and of Article VI hereof.
Making of repairs, additions and improvements to or alterations of the Property and making of repairs to and restoration of the Property in accordance with the other provisions of these By-Laws after damage or destruction by fire or other casualty, or as a result of condemnation or eminent domain proceedings.
Borrowing money on behalf of the Association when required in connection with the operation, care, upkeep and maintenance of the Common Elements, provided, however, that (1) the borrowing of any sum in excess of $20,000 shall be approved by an affirmative vote of the members holding not less than 75% of the outstanding votes of the Association at a meeting duly called and held; and (11) no lien to secure repayment of any sum borrowed may be created on any unit or its appurtenant interest in the Common Elements without the consent of the unit's Owner.
Notwithstanding anything to the contrary contained in these By-Laws, so long as Declarant shall continue to own units representing undivided ownership in the Common blements of 10% or more, the Board of Directors may not, without Declarant's prior written consent, (1) make any addition, alteration or improvement to the Common blements or to any unit, (il) assess any Common Charges for the creation oi, addition to or replacement of all or part of a reserve, contingency or surplus fund, (111) enter into any service or maintenance contract for work not covered by contracts in existence on the date the Declaration is recorded, or (iv) borrow money on behalf of the Association.
Managing Agent and Manager. The Board of Directors may employ for the Condominium a managing agent and/or a manager, at a compensation established by the Board of Directors, to perform such duties and services as the Board of Directors shall authorize, including, but not limited to, the duties listed in subdivisions (a), (c), (d), (g), (h) and (1) of Section 2 of this Article II. The Board of Directors delegate to the manager or managing agent all of the powers granted to the Board of Directors by these By-Laws other than the powers set forth in subdivisions (b), (e), (f) and (J) of Section 2 of this Article II.
Election and Term of Office. Except in the case of directors appointed by Declarant under the provisions of this Article II, directors shall be elected at the annual meeting of members for a term of one year and shall hold office until their respective successors shall have been elected by the members.
appointed by Declarant shall serve at the pleasure of Declarant and may be removed and replaced by Declarant at any time and from time to time.
Removal of Directors by Members; Resignations. Except for directors appointed by Declarant, at any regular or special meeting of members of the Association, any one or more of the members of the Board of Directors may be removed with or without cause upon a majority vote of all votes to which members are entitled and a successor may then or thereafter be elected to fill the vacancy thus created. Any member of the Board of Directors whose removal has been proposed by the Unit wers shall be given an opportunity to be heard at the meeting. Any director may resign at any time and shall be deemed to have resigned upon any disposition of his or his spouse's unit or cessation of the relationships described in Section 1 of this Article II.
Vacancies in the Board of Directors caused by any reason, other than the removal of a member thereof by a vote of the members or by Declarant, shall be filled by vote of a majority of the remaining directors at a special meeting of the Board of Directors held for that purpose promptly after the occurrence of any such vacancy, even though the members present at such meeting may constitute less than a quorum, and each person so elected shall be a member of the Board of Directors for the remainder of the term of the predecessor member and until a successor shall be elected at the next annual meeting of the members of the
Organization Meeting. The first meeting of the Board of Directors following the annual meeting of the members shall be held within ten (10) days thereafter, at such time and place as shall be fixed by a majority of the directors, and no notice shall be necessary to the newly elected directors in order legally to constitute such meeting, providing a majority of the whole Board of Directors shall be present thereat.
Regular Meetings. Regular meetings of the Board of Directors may be held at such time and place as shall be determined from time to time by a majority of the members of the Board of Directors. Notice of regular meetings of the Board of Directors shall be given to each director, by mail or telegraph, at least three (3) business days prior to the day named for such meeting.
Special meetings of the Board of Directors may be called by the President on twenty-four (24) hours' notice to each director, given by mail, telephone or telegraph, which notice shall state the time, place and purpose
Special meetings of the Board of Directors shall be called by the President or Secretary in like manner and on like notice on the written request of any
Any director may at any time waive notice of any meeting of the Board of Directors in writing, and such waiver shall be deemed equivalent to the giving of such notice. Attendance by a director at any meeting of the Board shall constitute a waiver of notice by him of the time and place thereof. If all the members of the Board of Directors are present at any meeting of the Board, no notice shall be required, and any business may be transacted at such meeting.
Section 11. Quorum of Board of Directors. At all meetings of the Board of Directors, a majority of the members thereof shall constitute a quorum for the transaction of business, and the votes of a majority of the directors present at a meeting at which a quorum 1s present shall constitute the decision of the Board of Directors. If at any meeting of the Board there shall be less than a quorum present, a majority of those present may adjourn the meeting at any time and from time to time. At any such adjourned meeting at which a quorum is present, any business which might have been transacted at the meeting originally called, may be transacted without further notice.
Section 12. Compensation. No member of the Board of Directors shall receive any compensation from the Association for acting as such.
ARTICLE I11
MEMBERS OF THE ASSOCIATION
Section 1. Members. Each owner of a unit in the Condominium shall automatically be a wember of the Association, which membership shall continue during the period of ownership by such Unit Owner.
Section 2. Annual Meetings. Within 30 days after the closing of title to at least three (3) units, but not later than three years from the date hereof, Declarant shall call the first meeting of the members. Thereafter, annual meetings of the members shall be held on the lst day of of each succeeding year, unless such date shall occur on a Saturday, Sunday or legal holiday, in which event the meeting shall be held on the next succeeding Monday or business day, whichever shall first
Except during the period when Declarant retains the right to appoint and remove directors, at such meetings the Board of Directors shall be elected by the
The members may transact such other business at such meetings as may
Section 3. Place of Meetings. Meetings of the members shall be held at such suitable place convenient to the Unit Owners as may be designated by the Board of Directors.
Section 4. Special Meetings. It shall be the duty of the President to call a special meeting of the members if so directed by (1) resolution of the Board of Directors, (1i) within thirty (30) days following the expiration of Declarant's right co control the Association, or (111) upon a petition signed and presented to che Secretary by Unit Owners entitled to at least 25% of the total votes of all members. The notice of any special meeting shall state the time and place of such meeting and the purpose thereof.
It shall be the duty of the Secretary to mail a notice to each member of record of each annual or regularly scheduled meeting of the members at least twenty-one (21) days in advance of such meeting, and in the case of special meetings notice shall be given at least seven (7) days in advance of such
Each notice of meeting shall state the purpose thereof, as well as the time and place where it is to be held. If the purpose of any meeting shall be to act upon a proposed amendment to the Declaration or to these By-Laws, the notice of meeting shall be mailed at least thirty (30) days prior to such meeting. All notices of meetings shall be delivered personally or sent by United States mail, postage prepaid, to all Unit Owners of record at such address or addresses as any of them may have designated to the Secretary, or, if no other address has been so desigaated, at the
Section 6. Adiournment of Meeting. If any meeting of members cannot be held because a quorum has not attended, a majority in voting interest of the members who are present at such meeting, either in person or by proxy, may adjourn the meeting to a time not less than forty-eight (48) hours from the time the original meeting was called.
Section 7. Title to Units. Title to units may be taken in the name of an individual or in the names of two or more persons, as tenants-in-common, or in the name of a corporation or partnership or in the name of a fiduciary.
Section 8. Voting. The owner of owpers of each unit, or some person designated by such owner or owners to act as proxy on his or their behalf and who need not be an owner, shall be entitled to cast the votes appurtenant to such unit at all meetings of members.
Except as otherwise provided in these By-Laws, the presence in person or by proxy of members having a majority of the total authorized votes of all Unit Owners shall constitute a quorum at all meetings of the members.
Section 10. Presiding Officer. The President, or in his absence the Vice President, shall serve as chairman of every meeting of members unless some other person is elected to serve as chairman by a majority of the votes represented at any such meeting. The presiding officer shall appoint such other persons as he deems required to assist with the conduct of the meeting.
ARTICLE IV
OFFICERS
Section 1. The principal officers of the Association shall be the President, one or more Vice Presidents, the Secretary and the Treasurer, all of whom shall be elected by the Board of Directors.
Section 2. Election of Officers. The officers of the Association shall be elected annually by the Board of Directors at the organizational meeting of each new Board of Directors, and shall hold office at the pleasure of the Board of Directors.
Section 3. Removal of Officers. Upon the affirmative vote of a majority of the members of the Board of Directors, any officer may be removed, either with or without cause, and his successor may be elected at any regular meeting of the Board oi Directors, or at any special meeting of the Board of Directors called for suci purpose.
Section 4. President. The President shall be the chief executive officer of the Association. He shall preside at all meetings of the Unit Owners and the Board of Directors. He shall have all of the general powers and duties which are incident to the office of president of a corporation organized under the Georgia Non-profit Corporation Code.
Vice President. The Vice President shall take the place of the President and perform his duties whenever the President shall be absent or unable to
If neither the President nor the Vice President is able to act, the Board of Directors shall appoint some other member of the Board of Directors to act in the place of the President on an interin basis. The Vice President shall also perform such other duties as shall from time to time be delegated to him by the Board of Directors or by the President.
Section 6. Secretary. The Secretary shall keep the minutes of all meetings of the Unit Owners and of the Board of Directors; shall have charge of such books and papers as the Board of Directors may direct; and shall, in general, perform all the duties incident to the office of secretary of a corporation organized under the Georgia Non¿profit Corporation Code.
and securities and shailbe responsible for Keeping full and The Treasurer shall have the responsibility for Association funds and
and books of account showing all receipts
disbursements, and for the preparation of all required financial data. He shall be responsible for the deposit of all moneys and other valuable effects in the name of the Board of Directors, or the managing agent, in such depositories as may from time to time be designated by the Board of Directors, and he shall, in general, perform all the duties incident to the office of treasurer of a corporation organized under the Georgia Non-profit Corporation Code.
Section 8. Compensation of Officers. No officer shall receive any compensation from the Association for acting as such.
ARTICLE V
OPERATION OF THE PROPERTY
Section 1. Determination of Common Expenses and Assessments Against Unit Owners.
Fiscal Year. The fiscal year of the Association shall be the calendar year unless otherwise determined by the Board of Directors.
(b) Preparation and Approval of Budget.
(1) Prior to the commencement of each fiscal. year (except for the initial fiscal year), the Board of Directors shall adopt a budget for the Association containing an estimate of the total amount considered necessary to pay the cost of maintenance, management, operation, repair and replacement of the Common Elements and those parts of the units as to which it is the responsibility of the Board of Directors to maintain, repair and replace, and the cost of wages, materials, insurance premiums, services, supplies and other expenses that may be declared to be Common Expenses by the Act, the Declaration, these By-Laws or a resolution of the members of the Association and which will be required during the ensuing fiscal year for the administration, operation, maintenance and repair of the Property and the rendering to the Unit Owners of all related services. In the initial fiscal year, the Board of Directors shall adopt a budget and impose assessments at such time on such basis as the Board shall determine in its sole discretion.
Such budget shall also include such reasonable amounts as the Board of considers necessary to provide working capital, a general operating reserve and reserves for contingencies and replacements. Board of Directors shall send to each Unit Owner a copy of the budget in a reasonably itemized form which sets forth the amount of the Common Expenses and any budgeted special assessment payable by each Unit Owner.
budget shall constitute the basis for determining each Unit Owner's assessment for the Common Expenses of the Association for such fiscal year.
Assessment and Payment of
The total amount of the estimated funds required for the operation of the Property set forth in the budget adopted by the Board of Directors (other than amounts of budgeted special assessments) shall be assessed against each Unit Owner in proportion to his allocable share of liabilities for Common Expenses as provided in the Declaration, and together with the amount of any budgeted special assessments applicable to any Unit, shall be a lien against each Unit Owner's Unit. On or before the first day of each fiscal year (except for the initial fiscal year), and the first day of each quarter in such fiscal year, each Unit Owner shall be obligated to pay to the Board of Directors or to the Managing Agent (as determined by the Board of Directors), one-fourth of the total of such assessment, including budgeted special assessments. Within sixty (60) days after the end of each fiscal year, the Board of Directors shall supply to all Unit Owners an itemized accounting of the Common Expenses for such fiscal year actually incurred and paid, together with a tabulation of the amounts collected pursuant to the budget adopted by the Board of Directors for such fiscal year, and showing the net amount over or short of the actual expenditures plus reserves. Any amount accumulated in excess of the amount required for actual expenses and reserves shall, if the Board of Directors deems it advisable, be either distributed to the Unit Owners according to each Unit Owner's share of liability for Common Expenses or credited according to each Owner's share of liability for Common Expenses to the next monthl! Installments due from Unit Owners under the current fiscal year's budget, until exhausted. Any net shortage shall be assessed promptly against the Unit Owners in accordance with their share of liability for Common Expenses
and shall be payable in full with payment of the next quarterly assessment
Notwithstanding anything herein to the contrary, any surplus or deficit with respect to a special assessment shall be distributed, credited or assessed to or against the Unit Owner against whom the special
(2) In the event the Association incurs expenses not included in the budget which may be specially assessed under the Declaration, the Board of Directors may specially assess and collect such expenses at any time during the fiscal year.
unbudgeted special assessments to be paid in equal quarterly installments over a period of not less than twelve (12) months, but nothing herein shall prevent the Board from requiring payment in a lump sum if the interests of the Association so require.
(d) The Board of Directors shall build up and maintain reasonable reserves for working capital, operations, contingencies and replacements. Extraordinary expenditures not originally included in the annual budget, which may become necessary during the year, shall be charged first against such reserves, unless the same are subject to special assessment. If the reserves are inadequate for any reason, including non-payment of any Unit Owner's assessment, the Board of Directors may at any time levy a further assessment, which shall be assessed against the Unit Owners according to their respective allocable shares of liability for Common Expenses. Board of Directors shall serve notice of any such further assessment on all Unit Owners by a statement in writing giving the amount and reasons therefor, and such further assessment shall, unless otherwise specified in the notice, become effective with the next quarterly payment which is due more than ten (10) days after the delivery of such notice of further
All Unit Owners shall be obligated to pay the adjusted quarterly amount or, if such further assessment is not payable in installments, the amount of such assessment. Such assessment shall be a lien as of the effective date as set forth in the preceding paragraph (c). Initial Assessment.
After the Board of Directors named in the Articles of Incorporation takes office, it shall determine the budget, as defined in this Section 1, for the period commencing as of the date the Condominium was created by filing of the Declaration and ending on the last day of the fiscal year in which such election occurs. Assessments shall be levied at the direction of the Board and shall become a lien against the Unit Owners during such periods as provided in paragraph (c) of this Section 1.
Declarant, as the agent of the Board of Directors, will collect from each initial purchaser at the time of settlement on his Unit an "initial assessment". Declarant will deliver the funds so collected to the Board of Directors to provide an initial general operating fund for the Association. Such initial assessment shall not constitute any portion of the annual assessment of Unit Owners for the initial fiscal year or for any other fiscal year which shall be assessed and collected as provided herein and paragraph (c) of this Section 1.
Effect of Failure to Prepare or Adopt Budget. The failure or delay of the Board of Directors to prepare or adopt a budget for any fiscal year shall not constitute a waiver or release in any manner of a Unit Owner's obligation to pay his allocable share of the Common Expenses as herein provided whenever the same shall be determined and, in the absence of any annual budget or adjusted budget, each Unit Owner shall continue to pay each monthly installment at the monthly rate established for the previous fiscal year until receipt of the notice of the new monthly payment which is due more than ten (10) days after such new annual or adjusted budget shall have been delivered.
Accounts. All sums collected by the Board of Directors with respect to assessments against the Unit Owners or from any other source may be commingled into a single fund.
Payment of Common Expenses. Each Unit Owner shall pay the Common Expenses assessed by the Board of Directors pursuant to the provisions of Section 1 of this Article V. No Unit Owner may exempt himself from liability for his contribution toward Common Expenses by waiver of the use or enjoyment of any of the Common Elements or by abandonment of his Unit. Prior to or at the time of any conveyance of a unit, all liens, unpaid charges and assessments shall be paid in full and discharged. The purchaser of a Unit shall be jointly and severally liable with the selling Unit Owner
for all unpaid assessments against the latter for his proportionate share of the Common Expenses up to the time of such recordation, without prejudice to the purchaser's right to recover from the selling Unit Owner amounts paid by the purchaser therefor; provided, however, that any such purchaser shall be entitled to a statement setting forth the amount of the unpaid assessments against the selling Unit Owner within five (5) days following a written request therefor to the Board of Directors or Managing Agent, and such purchaser shall not be liable for, nor shall the unit conveyed be subject to lien for, any unpaid assessments in excess of the amount therein set forth; and provided further, that each mortgagee who comes into possession of a unit by virtue of foreclosure or by deed or assignment in lieu of foreclosure, or any purchaser at a foreclosure sale, shall take the unit free of any claims for unpaid assessments or charges against such unit which accrue prior to the time such mortgagee comes into possession thereof.
Collection of Assessmeuts. The Board of Directors or the Managing Agent, at the request of the Board of Directors, shall take prompt action to collect any assessments for Common Expenses due from any Unit Owner which remain unpaid for more than thirty (30) days from the due date for payment thereof. Any assessment, or installment thereof, not paid within ten (10) days after the due date shall (a) subject the delinquent Unit Owner to the imposition of a late charge in an amount not in excess of the greater of Ten Dollars ($10.00) or ten percent
assessment or installment thereof not paid when due, as determined from time to time by the Association, (b) with any late charge relating thereto, bear interest fron the date the same was first due and payable at the maximum rate of interest allowed by law, (c) entitle the Association to collect from the delinquent Unit Owner all costs of collection including court costs, expenses of sale, expenses required for the protection and preservation of the delinquent owner's unit and reasonable attorney's fees actually incurred, and (d) entitle the Association to collect from the delinquent Unit Owner the fair rental value of such Unit Owner's unit from the time of the institution of suit until the sale of the unit at foreclosure or until the judgment rendered in such suit is otherwise satisfied.
Section 4. Statement of Common Expenses. The Board of Directors shall promptly provide any Unit Owner, contract purchaser or mortgagee so requesting the same in writing with a written statement of all unpaid assessments for Common Expenses due from such Unit Owner.
Section 5. Maintenance, Repair, Replacement and Other Common Expenses.
(a) By the Board of Directors. The Board of Directors shall be responsible for the maintenance in good working order and condition, repair and replacement of all of the Common Elements as defined herein or in the Declaration, whether located inside or outside of the units, the cost of which shall be charged to Unit Owners as a Common Expense in accordance with the provisions of this Article V; provided, however, that each Unit Owner shall perform normal maintenance on any portion of the remaining Common Elements which the Board of Directors pursuant to the Rules and Regulations has given him permission to utilize, including without limitation the items enumerated in subsection (b) hersof. Notwithstanding anything herein to the contrary, the Association, with the approval of Unit Owners having seventy-five percent (75%) or more of the voting power of the Association, may alter or modify the form or use of any portion of the Common Elements or elect not to repair or replace the same.
(b) By the Unit Owner.
(1) Each Unit Owner shall keep his unit and its equipment, appliances and appurtenances (including Limited Common Elements) in good order, condition and repair and in a clean and sanitary condition, and shall do all redecorating, painting and varnishing which may at any time be necessary to maintain the good appearance and condition of his unit. In addition, each Unit Owner shall be responsible for all damage to any other units or to the Common Elements resulting from his failure to make any of the repairs required by this Section 5. Each Unit Owner shall perform his responsibility in such manner as shall not unreasonably disturb or interfere with the other Unit Owners. Each Unit Owner shall promptly report to the Board of Directors or to the Managing Agent any defect or need for repairs for which the Board of Directors 1s responsible.
(2) Any Unit Owner permitted by the Board of Directors to use a specific portion of the Common Elements for storage or other purposes is responsible for the maintenance and care of such portion and shall use such portion in a safe and sanitary manner.
Alterations or Improvements by Board of Directors. Whenever in the judgment of the Board of Directors the Common Elements shall require additions, alterations or improvements costing in excess of Ten Thousand Dollars during any period of twelve (12) consecutive months, and the making of such additions, alterations or improvements shall have been approved by a majority of the voting interests of the members of the Association, the Board of Directors shall proceed with such additions, alterations or improvements and shall assess all Unit as a Common Expense. Any additions, alterations or improvements costing Ten Thousand Dollars ($10,000) or less during any period of consecutive months may be made by the Board of Directors without approval of the Unit Owners and the cost thereof shall constitute a Common Expense.
Alterations or Improvements by Unit Owners. No Unit Owner shall make any structural addition, alteration or improvement in or to his unit without the prior written consent of the Board of Directors or the committee thereof in charge of architectural control. No Unit Owner shall paint or alter the exterior of his unit, including the doors and windows, nor shall any Unit Owner paint or alter the exterior of any building, without the prior written consent of the Board of Directors. The Board of Directors shall be obligated to answer any written request by a Unit Owner for approval of a proposed structural addition, alteration or improvement (by painting or otherwise) in such Unit Owner's unit within forty«five (45) days after such request, and failure to do so within the stipulated time shall constitute a consent by the Board of Directors to the proposed structural addition, alteration or improvement. If any application to any governmental authority for a permit to make any such structural addition, alteration or improvement in or to any unit requires execution by the Association, and provided consent has been given by the Board of Directors, then the application shall be executed on behalf of the Association by the Board of Directors only, however, without incurring any liability on the part of the Board of Directors or any director to any contractor, subcontractor or materialman on account of such addition, alteration or improvement, or to any person having claim for injury to person or damage to property arising therefrom. Subject to the provisions of the Declaration and the approval of any mortgagee of such affected units, the Board of Directors and any Unit Owner affected, any unit may be altered so as to relocate the boundaries between such unit and any adjoining units.
any necessary amendment to the Declaration to effect such action.
this Section 7 shall not apply to units owned by Declarant until deeds of conveyance such units shall have been recorded;
construction or alterations shall be architecturally compatible with the existing units. Declarant shall have the right to make such alterations without the consent of the Board of Directors, and the Board of Directors shall execute any such application required.
Section 8. Use of Units and Common Elements.
(a) Each unit and the Common Elements shall be occupied and used as follows:
(1) Units shall not be used for any purposes except housing and the related common purposes, except those for which the Property was designed, and all usage shall at all times conform to the provisions of the Declaration, By-laws, and Use Restrictions of Wood Lake Condominium and such reasonable rules, ragulations and restrictions as may be established by the Directors of the Association.
(2). Nothing shall be done or kept in any unit or in the Common Elements which will increase the rate of insurance for the Property or any part thereof applicable for residential use without the prior written consent of the Board of Directors. No Unit Owner shall permit anything to be done or kept in his unit or in the Common Elements which will result in the cancellation of insurance on the Property or any part thereof or which would be in violation of any law, regulation or administrative ruling. No waste will be committed in the Common Elements.
(3) No immoral, improper, offensive or unlawful use shall be nade of the Property or any part thereof, and all valid laws, zoning ordinances and regulations of all governmental agencies having jurisdiction thereof shall be observed. All laws, orders, rules, regulations or requirements of any governmental agency having jurisdiction thereof relating to any portion of the Property shall be complied with, by and at the sole expense of the Unit Owner or the Board of Directors, whichever shall have the obligation to maintain or repair such portion of the Property, and, if the latter, then the cost of such compliance shall be a Common Expense.
(4) Nothing shall be altered or constructed in or removed from the Common Elements except upon the prior written consent of the Board of Directors. (S) The Common Elements shall be used only for the furnishing of the services and facilities for which the same are reasonably suited and which are incident to the use and occupancy of the units.
(6) No trailers, campers or boats may be parked on the Property, unless the Board of Directors shall designate an area within the parking areas exclusively for such purposes. No junk or derelict vehicle or other vehicle on which current registration plates are not displayed shall be kept upon any of the Common Elements.
(7) Each Unit Owner shall pay for utilities consumed or used in his unit which are billed directly to such unit through separate meters.
of utilities serving the Common Elements and of utilities serving units through meter systems other than separate meters for each unit shall be Common Expenses.
(8) No Unit Owner shall place or cause or permit to be placed on or in the public halls, stairways or other Common Elements (other than in the areas designated as storage areas) any furniture, packages or objects of any kind. The halls and stairways shall be used for no purpose other than for normal transit.
(b) Each unit and the Common Elements shall be occupied and used in compliance with the Rules and Regulations which may be promulgated and amended by the Board of Directors from time to time.
shall be furnished by the Board of Directors to each Unit Owner. Amendments to the Rules and Regulations shall be conspicuously posted prior to the time when the same shall become effective, and copies thereof shall be furnished to each Unit Owner upon request.
Section 9. Right of Access. A Unit Owner shall grant a right of access to his unit to the manager and/or the managing agent and/or any other person authorized by the Board of Directors, the manager or the managing agent, for the purpose of making inspections or for the purpose of correcting any condition originating in his unit and threatening another unit or the Common Elements, or for the purpose of performing installations, alterations or repairs to the mechanical or electrical services or other Common Elements, or to correct any condition which violates the provisions of any mortgage covering another unit, provided that requests for entry are made in advance and that any such entry is at a time reasonably convenient to the Unit Owner and further provided that such right shall be exercised in such a manner as will not unreasonably interfere with the use of the units for residential purposes. In case of an emergency, such right of entry shall be immediate, whether the Unit Owner is present at the time or not.
ARTICLE VI
INSURANCE AND CASUALTY LOSSES
Section 1. Insurance. The Association shall obtain and maintain at all times (1) insurance for all of the insurable improvements on the Property (with the exception of improvements and betterments made by the respective Unit Owners or occupants) against loss or damage by fire or other hazards, including extended coverage, vandalism and malicious mischief in an amount sufficient to cover the full replacement costs of any repair or reconstruction in the event of damage or destruction from any such hazard; (11) if the Condominium has a boiler, boiler explosion insurance evidenced by the standard form of boiler and machinery insurance policy and providing as a minimum, $50,000 per accident per location; (111) fidelity coverage against dishonest acts on the part of the directors, officers, managers, employees or other persons handling funds belonging to or administered by the Association, naming the Association as the insured and in an amount not less than 1-l/2 times the Association's estimated annual operating expenses and reserves; and (iv) a comprehensive public liability policy covering all Common Elements in the Condominium and all damage or injury caused by the negligence of the Association, its officers, directors, agents, employees, all Unit Owners and other persons entitled to occupy any unit or other portion of the Condominium, with cross llability endorsemen! co cover liability of the Unit Owners as a group to a Unit Owner and aẠạseverabilit of interest" endorsement which shall preclude the insurer from denying the claim of a Unit Owner because of the negligent acts of other Unit Owners or the Association, which public liability policy shall be in amounts authorized from time to time by the Board of Directors not less than $500,000.00 for injury, including death, to one individual, $1,000,000.00 for injury or injuries, including death, arising out of a single occurrence, and $50,000.00 property damage, including water damage liability, liability for non-owned and hired automobile and liability for property of others. The Association shall also obtain and maintain such other insurance as may be required by applicable law or as the Board of Directors may determine to be in the best interests of the Association and the Unit Owners. Premiums for all such insurance shall be Common Expenses not specially assessed. All such insurance coverage obtained by the Association shall be written in the name of the Association as trustee for each of the Unit Owners in their respective percentages of undivided interest in and to the Common Elements. Such insurance shall be governed by the provisions hereinafter set forth:
_ 9-
(a) All policies shall be written with a reputable company or companies licensed to do business in the State of Georgia.
(b). All policies shall be for the benefit of the Association, the Owners and their mortgagees as their interests may appear, and the Association shall
(c) Provision shall be made for the issuance of a certificate of insurance to each Unit Owner and his mortgagee, if any, which shall specify the proportionate amount of such insurance attributable to the particular Unit Owner's interest in the property.
Exclusive authority to adjust losses under policies hereafter in force on the property shall be vested in the Association; provided, however, that no may be prohibited from participating
negotiations, if any, related thereto, and the proceeds of the insurance shall be paid to the Association for the use and benefit of the mortgagees as their interest may appear.
(e) In no event shall the insurance coverage obtained and maintained by the
Association hereunder be brought into contribution with insurance purchased by individual Unit Owners or their mortgagees.
(f) It shall be the individual responsibility of each Unit Owner at his own expense to provide, as he sees fit, title insurance on his individual unit, liability insurance, theft and other insurance covering improvements, bettermenta and personal property damage and loss.
(g) Any Unit Owner who obtains an individual insurance policy shall file a copy of each such individual policy with the Association within thirty (30) days after purchase of such insurance.
(h) The Association shall conduct an annual insurance review to determine that the insurance maintained by the Association is adequate to meet the requirements of this Declaration.
(1) The Association shall make reasonable effort to secure insurance policies that will provide for the following:
(1) a waiver of subrogation by the insurer as to any claims against the Association, any officer, director, agent or employee of the Association, the Unit Owners and their employees, agents, tenants and invitees and of any defenses based on co-insurance or in invalidity arising from the acts of the insured;
(2) a waiver by the insurer of its right to repair and reconstruct instead of paying cash;
that the policy on the property cannot be cancelled, invalidated or suspended on account of the conduct of any officer, diractor, agent or employee of the Association without a prior demand in writing delivered to the Association to cure the defect and the allowance of a reasonable time thereafter within which the defect may be cured by the Association, any Unit Owner or mortgagee;
(4) that any "other insurance" clause in the policy exclude individual Unit Owner's policies from consideration;
5) that coverage may not be cancelled or substantially modified (including cancellation for non-payment of premium) without at least thirty (30) days prior written notice to any and all insureds, including the institutions servicing mortgages on behalf of the Federal National Mortgage Association or the Federal Home Loan Mortgage Corporation; and
(6) that coverage will not be prejudiced by either act or neglect of the Owners of the units when said act or neglect is not within the coutrol of the Association, nor by any failure of the Association to comply with say warranty or condition regarding any portion of the premises over which the Association has no control.
Handling of Casualty Insurance Proceeds. All insurance policies purchased by and in the name of the Association shall provide that proceeds covering the property losses shall be paid to the Association. The Association shall receive such proceeds as are paid and delivered to it and hold the same in trust for the benefit of the Unit Owners and their mortgagees in accordance with the respective undivided interests of the Unit Owners in and to the Coumon Elements. Such proceeds, or such portion thereof as may be required for such purpose, shall be disbursed by the Association in payment of repairs or reconstruction as hereinafter provided. proceeds remaining after defraying all costs of repairs or reconstruction shall be
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disbursed to the beneficial Unit Owners, remittances to Unit Owners and their mortgagees being payable jointly to them. Notwithstanding the foregoing, in the event of a determination that the damage or destruction for which the proceeds are paid shall not be repaired or reconstructed, such proceeds shall be disbursed to such persons as hereinafter provided.
Section 3. Damage and Destruction.
Immediately after any damage or destruction by fire or other casualty to the property covered by insurance written in the name of the Association, the Association shall proceed with the filing and adjustment of all claims arising under such insurance and obtain reliable and detailed estimates of the cost of repair or reconstruction of the damaged or destroyed property. Repair or reconstruction, as used in this paragraph, means repairing or restoring the property to substantially the same condition in which it existed prior to the fire or other casualty with each unit and the Common Elements having the same vertical and horizontal boundaries as before. (b) Immediately after substantial damage or destruction by fire or other casualty to any part of the property, the Association shall provide written notice of same to each mortgagee having an interest therein whose name and address have theretofore been furnished to the Association together with a written request for such notice. Notwithstanding the foregoing, if the Federal Home Loan Mortgage Corporation (FHIMCI) or the Federal National Mortgage Association (IFNMAI) 1s the mortgagee of aay unit, the Association shall notify FHIMC or FNMA, as the case may be (c/o the institution servicing the mortgage or mortgages for and on behalf of FHLMC or FNMA, as the case may be), in writing of any loss to the Common Elements if such loss exceeds $10,000.00, and of any loss to a unit covered by a mortgage owned in whole or in part by FHLMC or FNMA 1f such loss exceeds $1,000.00. (c) Any damage or destruction shall be repaired or reconstructed unless:
(1) the Condominium is terminated pursuant to the provisions of the Act; (2) the damaged or destroyed portion of the property is withdrawn from the Condominium pursuant to the provisions of the Act; or
(3) the Unit Owners of the damaged or destroyed units, if any, together with the Unit Owners of other units to which two-thirds of the votes in the Association appertain, exclusive of the votes appertaining to any damaged or destroyed units, agree not to repair or reconstruct such damage or destruction. Any such determination shall be conclusively made within a period of time which shall in no event exceed ninety (90) days after the Should a determination be made to terminate the Condominium, withdraw from the Condominium the damaged portion of the property or not to repair or reconstruct the damage or destruction as provided above, then such damaged or destroyed unit shall not be repaired or reconstructed and the entire undivided interest in the Common Elements appertaining to that unit shall thenceforth appertain to the remaining units, being allocated to them in proportion to their undivided interest in the Common Elements inmediately prior to such allocation; and any remaining portion of such damaged or destroyed unit, including the land which was subjacent thereto (if originally included within the boundaries of the unit), shall thenceforth be a part of the Common Elements. Votes in the Association and liability for assessments shall thereupon appertain to the remaining units, being allocated to them in proportion to their relative voting strength in the Association and liability for assessments immediately prior to such allocation. If any damaged Common Elements shall not be repaired or restored, then the net insurance proceeds appertaining thereto shall be divided among the Unit Owners in accordance with their percent interests in the Common Elements. If any damaged unit shall not be repaired or restored, then after deducting therefrom a reasonable amount to be paid to the Association to cover the expenses of cleaning up and landscaping the area where the damaged unit was located, the net insurance proceeds appertaining thereto shall be paid to the Owner and such mortgagee jointly, who shall use such proceeds as they alone may determine.
Section 4. Repair and Reconstruction. If the damage or destruction for which the insurance proceeds are paid is to be repaired or reconstructed, then the net proceeds shall be disbursed to defray the cost of such repairs or reconstruction as herein provided. Any proceeda remaining after defraying such costs shall be distributed to the beneficial Owners thereof, as determined in accordance with the provisions of Section 3(c) of this Article VI; said remittances to Unit Owners their mortgagees having mortgagee endorsements, being payable jointly to them, shall
GEORGIA
CLARKE COUNTY
LEASE
WOOD LAKE LTD.-I, hereinafter referred to as "LESSOR", and WOOD LAKE CONDOMINIUM ASSOCIATION, INC., hereinafter referred to as "LESSEE, for the mutual agreements and consideration set out hereinbelow, agree as follows:
Lessor rents to Lessee and Lessee rents from Lessor the use of the premises described in Exhibit
attached hereto and by this reference made a part hereof,
together with any and all improvements thereon, as an amenity area for Wood Lake Condominium, subject only to the Declaration of Condominium for Wood Lake Condominium, including the Use Restrictions thereof, together with any and all Rules and
Regulations promulgated as of the date hereinbelow, or at a later date to be promulgated, by Lessee or Lessor.
To have and to hold the use of the premises together with all and singular the improvements, appurtenances, rights, privileges and easements thereunto belonging or in any wise appertaining, unto the said Lessee for a term to commence on the 4th day of June, 1985, and to continue for a term ending on the 3lst day of December, 1986 at midnight unless sooner
terminated as hereinafter provided. Lessee shall have the right to renew this Lease for one (1) additional term of two (2) years on the same terms and conditions as contained herein except as to rental, provided it gives written notice to Lessor of its
intention to exercise its option to renew for such term 90 days before the expiration of this Lease.
The annual rental shall be $1,080.00 for the 1985 calendar year until such time as more than the first nine (9) Units are submitted to the Condominium; upon the submittal of the second nine (9) Units to the Condominium the rental will be increased, but in no event shall the annual rental for the 1985 calendar year be more than $2,160.00. The annual rental shall be no more than $3,960.00 for the 1986 calendar year. The annual rental will be allocated among the Units owned by a legal person or entity other than Lessor based on each Unit's percentage in the Common Elements as determined by the Declaration of Condominium for Wood Lake Condominium; this percentage shall be multiplied by the annual rental to arrive at each Unit's allocation, and the amount so allocated to each Unit will be the annual rental for each such Unit. The annual rental for each Unit will be prorated based upon a 365 day year; the prorated annual rental for each Unit will be payable only for the period of time commencing on the date of its sale by the Declarant of Wood Lake Condominium (but no earlier than the commencement of the term of this Lease). The total rental payable under this Lease then will be the sum of the amounts payable for all Units, but in no event shall the total rental payable under this Lease be more than the annual rental for each calendar year as stated hereinabove. The rental payable under this Lease will be due quarterly, in advance, on January l, April l, July l, and October
Upon the sale and conveyance of a Unit, the new owner thereof shall pay to Lessor, in advance, the owner's pro rata share of the annual rental due for the remainder of the particular quarter during which the sale and conveyance occurs.
During the two year renewal term of this Lease, if the option to renew is exercised as set out hereinabove, Lessee shall pay Lessor as rental a sum as mutually agreed upon between the parties at that time.
PREMISES. Lessee has examined the premises and agrees to accept them as they now stand. Lessor will, at its expense, so i tests to the make all repairs to the premises and will maintain the premises ne toes, inton the
clean and orderly state and in as good condition as the
premises were in at the beginning of the term of this Lease, ordinary wear and tear excepted. Lessor will be under no obligation to inspect the premises but may, at any time upon giving reasonable notice, so inspect. Either Lessor or Lessee may, during the term of this Lease and at the option of said Lessor or Lessee, enter into a separate Reservation and Use Agreement with another party, whereby a portion of the amenity area may be reserved for the exclusive use of said other party and said party's assigns; any such Reservation and Use
Agreement shall not affect Lessee's obligations hereunder.
5. UTILITIES. Lessor will, at its expense, pay all utilities, including, but not limited to, water, gas and electric bills, incurred on the premises.
6. TAXES AND ASSESSMENTS. Lessor will, at its expense, pay all ad valorem taxes and other taxes and assessments due on the premises.
INSURANCE. Lessor will, at its expense, during the entire term hereof, keep in full force and effect fire,
extended coverage and all risk insurance on the premises in an amount equal to the full reconstruction and replacement cost of the premises (except that if it is impossible to procure for a cost that is commercially reasonable such insurance in such an amount with respect to the premises, then the amount of any such insurance with respect to the premises will be the maximum amount available for such commercially reasonable cost). All policies will name Lessor as well as Lessee as a loss payee to the extent of its interest.
ALTERATIONS AND IMPROVEMENTS. Lessee will have the right to alter and make improvements upon the premises and upon improvements now located or to be located on the premises so long as such alterations and improvements do not diminish the value of the premises. Any work done will be accomplished in a good and workmanlike manner and in compliance with all building and zoning laws and with all other laws or ordinances, regulations or statutes of any federal, state or municipal authority. Furthermore, Lessee will have the right to install and maintain signs on the premises, provided such signs compl with all laws, ordinances, regulations and statutes of ans federal, state or municipal authority.
If the premises, or such part thereof as would render the remainder unsuitable for Lessee's purposes, be appropriated or condemned by public authority, be taken by proceedings in eminent domain or notice thereof be served, or if by any reason of law or ordinance the use of the premises for the purposes of this Lease be deemed unlawtul, Lessee may, at its option, terminate this Lease upon thirty (30) days' written notice to Lessor; and rental will be paid only to the time when Lessee surrenders possession of the premises. In the event of partial appropriation or condemnation as aforesaid, Lessee may elect to continue in possession of the remaining part of the premises; and, in such case, Lessee will be granted an equitable reduction in the rent payable hereunder.
rental paid in advance beyond the termination, or partial termination, as the case may be, will be returned by Lessor to Lessee upon demand. Lessor will, for the benefit of Lessee, in its claim against any public authority in such proceedings such sum as Lessee certifies to Lessor as the damage resulting from Lessee's loss of occupancy or relocation
DESTRUCTION OR DAMAGE TO THE PREMISES. If, during the term hereof, the premises or the property are destroyed or damaged by fire or other casualty rendering them unsuitable for the purposes of this Lease, then either party will have the
option to rescind this Lease. If the premises or property are damaged to a lesser extent, Lessor will immediately proceed to restore the premises to their original condition utilizing the proceeds of the insurance required hereunder, and, during the period of such restoration, rental will be prorated on the basis of the percentage of the premises destroyed.
ASSIGNMENT• This Lease and the rights of Lessee hereunder may not be transferred, assigned or alienated
way by Lessee without the express written consent of Lessor.
DEFAULT. If Lessee is adjudicated a bankrupt; if a permanent receiver is appointed for Lessee's property,
including Lessee's interest in the premises its appointment; and such receiver is not removed within sixty (60) days after
if, whether voluntarily or involuntarily, Lessee takes
advantage of any debtor relief proceedings under any present or future law, whereby the rent or any part thereof is, or is proposed to be, reduced or payment thereof deferred; if Lessee makes a transfer for the benefit of creditors; if the premises or Lessee's effects or interest in this Lease are levied upon or attached under process against Lessee; then, in any of said at its option, may at once or any time during che term hereof (but only during continuance of such default or condition) terminate this Lease. Upon such termination, Lessee will at once surrender possession of the premises to Lessor and remove all of Lessee's effects therefrom; and Lessor may
forthwith reenter the premises and repossess itself thereof, removing all persons and effects therefrom, using such force as may be necessary without being guilty of trespass, forcible entry or detainer, or other tort.
Lessor may, as Lessee's agent and without terminating this Lease, upon Lessee's breach of this Lease and at Lessor's option, enter upon and rent the premises at the best price obtainable by reasonable effort, without advertisement and by private negotiations, for any term Lessor deems proper.
will be liable to Lessor for the deficiency, if any, between Lessee's rent hereunder and the price obtained by Lessor on reletting.
No termination of this Lease prior to the normal ending hereof will affect Lessor's right to collect rent for the period prior to such termination.
Lessor harmless from and indemnify it against and from any HOLD HARMLESS AND INDEMNIFICATION. Lessee will hold damages, penalty or charges imposed for any violation of laws or ordinances, or as a result of accidents or other occurrences on the premises or with respect to the property.
AUTHORITY AND PEACEFUL ENJOYMENT. Lessor represents that it is the owner of the premises and has the right to lease the same to Lessee. If Lessee satisfies its obligations
hereunder, Lessor, its successors and assigns, will warrant to Lessee the enjoyment and peaceful use of the premises during the term hereof, subject to Lessor's reserved use of the
premises as described in Paragraph 17 hereinbelow and subject to any other party's reserved use of the premises pursuant to Paragraph 4 hereinabove, and will defend Lessee in
enjoyment and use.
RECORDING. This Lease may be recorded by Lessor at its option. recording will be in the Office of the Clerk of the Superior Court of Clarke County, Georgia.
MORTGAGEE'S RIGHTS. Lessee's rights hereunder will be subject to any bona fide mortgage or deed to secure debt that
is now or may be hereafter placed upon the premises by the Lessor.
USE OF PROPERTY BY LESSOR. Lessor hereby reserves unto itseli, its successors, assigns and invitees, the right tc use the property as an amenity area along with the Owners of Units in Wood Lake Condominium. Lessor also reserves unto itself, its successors and assigns, an easement over the
premises as described on Exhibit *A" hereto for the purpose of maintaining the existing improvements thereon, and for the constructing and maintaining new improvements
Co, another club house, said improvements possibly including but not limited to, another club house, one swimming pool and two tennis courts.
CONVEYANCE TO LESSEE. Upon the sale and conveyance of seventy-five (75) Units in Wood Lake Condominium to persons other than Lessor, Lessor will convey unto Lessee,
simple absolute, the premises herein described, without any further need for rent to be paid to Lessor. Upon such
occurrence this Lease or any renewal thereof will be terminated.
DECLARATION OF CONDOMINIUM. Until such time as the premises is conveyed to Lessee, Lessor reserves the rights of Lessee as specified in the Declaration of Condominium for Wood Lake Condominium.
BINDING EFFECT. This Lease will be binding upon and inure to the benefit of the parties, their heirs, personal representatives, successors and assigns.
ENTIRE AGREEMENT. This agreement states the entire paten us the at rent of pover oo mail cation of shall be of any force or effect whatsoever.
or addition to this Lease will be effective unless in writing and signed by both parties.
IN WITNESS WHEREOF, the parties have hereunto set their hands and affixed their seals this day of
1985.
LESSOR:
WOOD LAKE LTD. -I
Patre ant BY :
Ronald M. Clements
General Partner
andasa
Kise
PUBİ
LESSEE:
WOOD LAKE CONDOMINIUM ASSOCIATION, INC.
• Rare lent ATTEST:_ Juky It. lemente Signed, sealed and
delivered in the
presence of
Wonderke
IOTAR
otary Public, Georgia State-at-Lan ommission Expira
EXHIBIT "A
ALL that tract or parcel of land containing 4.349 acres, more or less, lying and being in the 1467th District, G.M., Clarke County, Georgia, and being more particularly described as follows:
To find the TRUE POINT OF BEGINNING, begin at a one-half inch reinforcing rod set on the Northerly right-of-way of the Epps Bridge Road, said rod being 3482.42 feet Southwesterly along the curvature of the said Northerly right-of-way of Epps Bridge Road from the Southerly right-of-way of the Atlanta Highway; running thence North 48 degrees 10 minutes 47 seconds West 159.77 feet to a one-half inch reinforcing rod; thence in an arc, the radius thereof being 281.80 feet, in a Northwesterly direction 133.18 feet to a one-half inch reinforcing rod, the chord of said arc being North 34 degrees 38 minutes 25 seconds West 131.95 feet; thence North 21 degrees 06 minutes 02 seconds West 99.58 feet to a one-half inch reinforcing rod, said rod being the TRUE POINT OF BEGINNING; running thence South 82 degrees 47 minutes 00 seconds West 83.18 feet to a point; thence North 12 degrees 41 minutes 57 seconds West 107.57 feet to a point; thence North 55 degrees 50 minutes 07 seconds west 44.90 feet to a point; thence South 84 degrees 45 minutes 52 seconds West 82.00 feet to a point; thence South 56 degrees 30 minutes 17 seconds west 30.45 feet to a one-half inch
reinforcing rod; thence South 72 degrees 14 minutes 51 seconds West 42.1l feet to a point; thence North 71 degrees 43 minutes 00 seconds West 75.33 feet to a point; thence North 39 degrees 34 minutes 19 seconds East 76.43
reinforcing rod; thence North 39 degrees 34 minutes 19 seconds east 27.81 feet to a point; thence North 37 degrees 29 minutes 06 seconds West 179.45 feet to a point; thence North 39 degrees 44 minutes 35 seconds East 100.00
17 degrees 02 minutes 58 seconds East 82.05 feet to a point; thence North 17 degrees 02 minutes 58 seconds East 171.46 feet to a one-half inch reinforcing rod; thence North 17 degreees 02 minutes 58 seconds East 19.19 feet to a one-half reinforcing rod; thence in an arc, the radius thereoi being 231.48 feet, in a Southeasterly direction 50.05 feet to a one-half inch
reinforcing rod, the chord of said arc being South 74 degrees 23 minutes 31 seconds East 49.95 feet; thence in an arc, the 279.40 feet to a one-half inch reinforcing rod, the chord of said arc being South 57 degrees 52 minutes 05 seconds East 277.89 feet; thence in an arc, the radius thereof being 121.93 feet, in a Southeasterly direction 137.07 feet to a one-half inch reinforcing rod, the chord of said arc being South 15 degrees 20 minutes 01 seconds East 129.97 feet; thence South 16 degrees 52 minutes 17 seconds West 232.46 feet to a one-half an arc, the radius thereof being 221.25 feet, in a Southeasterly direction 146.63 feet to a one-half inch reinforcing rod, the chord of said arc being south 2 degrees 06 minutes 52 seconds East 143.96 feet; thence South 21 degrees 06 minutes 02 seconds East 14.64 feet to the TRUE POINT OF BEGINNING.