Woodlake Covenants

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.

DePo Doc: COVE

Kecorded 05/11/2006 01:48PM

Return to:

Heverly Logan

Russell T. Quarterman Ced Superio Court, Aleus-Clake County, Ga.

Russell T. Quarterman, P.C. 8+3090 0515-0555

1671 Meriweather Drive, Suite 103

Bogart, Georgia 30622

DECLARATION OF CONDOMINIUM

OF

WOODLAKE PHASE VII

IN ATHENS-CLARKE COUNTY, GEORGIA

THIS DECLARATION is made, executed and recorded to submit the property hereinafter

described and the improvement thereon to the condominium form of ownership under the Georgia

Condominium Act.

1. SUBMISSION: PACE-BURT, INC, as the owner of the property described as

Woodlake Condominium, Phase VII on Exhibit "A" hereto attached and made a part hereof by

reference, does hereby submit such property and the improvements constructed thereon pursuant to the

provisions of the Georgia Condominium Act, Act 463, Georgia Laws 1975, p. 609 as amended (the

"Act"). From and after the date this Declaration is recorded with the Clerk of the Superior Court of

Athens-Clarke County, Georgia, such property and all of the improvements constructed thereon, shall

be owned, held, transferred, sold, conveyed, used, occupied, mortgaged or otherwise encumbered

subject to the terms and provisions of this Declaration and of the Act.

2. DEFINITIONS: Unless the context requires otherwise the terms defined in the Act shall

have the same meanings for purposes of this Declaration as are described to them by the Act. In

addition, as used in this Declaration, the Articles of Incorporation, the Bylaws and the other

condominium instruments, the following terms shall have the meanings indicated hereinbelow, all of

such definitions being cumulative of these contained elsewhere in this Declaration.

(a) "Act" shall mean the Georgia Condominium Act, Act 463, Georgia Laws, 1975,

p. 609, as the same is or may be hereinafter amended.

(b) "Articles of Incorporation" shall mean the Articles of Incorporation of the

Association, as the same may be hereinafter amended. See attached Exhibit C.

(c) "Association" shall mean Woodlake Phase VII Condominium Association, Inc.,

a Georgia non-profit membership corporation formed for the purpose of exercising the powers of the

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Association under this Declaration, the Articles of Incorporation, the Bylaws, and the Act.

(d) "Board of Directors" shall mean the Board of Directors of the Association, the

members of which shall be appointed and elected from time to time as provided in this Declaration, the

Articles of Incorporation, the Bylaws, and the Act. The Board of Directors shall be the governing body

of the Association.

(e) "Bylaws" shall mean the Bylaws of the Association, as the same may be

hereafter amended. See attached Exhibit D.

"Common Elements" shall mean those elements which are designated as

Common Elements on plat described in Exhibit A and shall specifically include, but not be limited to,

the storm water detention areas, drainage facilities, roads, parking, landscaping.

(g) "Declarant" shall mean Pace-Burt, Inc., its successors and assigns.

(h) "First Lien Mortgage" shall mean a mortgage, a deed to secure debt or deed of

trust on a unit and its undivided interest in the common elements which gives to the holder thereof a

first and superior lien and security title on and to such unit and undivided interest.

(1) "The Property" means that tract or parcel of land and all improvements thereon

described as Woodlake Phase VII in Exhibit "A" hereto attached and by referenced incorporated

herein.

3. NAME: The name of the Condominium is Woodlake Phase VII.

4. COUNTY: The Condominium is located in Athens-Clarke County, Georgia.

5. DEVELOPMENT PLAN: The development plan for the Condominium is hereinafter

described.

Development of the Property: The Condominium shall consist of a total of eighteen (18) units,

each including a certain parcel of land and the residential units located thereon. The plat recorded at

Condominium Plat Book _ page _ _, Athens-Clarke County, Georgia Records shows the

location and dimensions of the property, the location and dimensions of the vertical boundaries of each

completed unit, the location and dimensions of all completed structural improvements located on the

property, to the extent feasible, the location and easements to which the property is subject, the

identifying numbers of the completed units located on the property and the location and dimensions

of any limited common elements appurtenant to each unit. The units on the property have been

constructed substantially in accordance with the survey and the plans which have been filed

simultaneously with the filing of this Declaration in the Office of the Clerk of Superior Court of

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Athens-Clarke County, Georgia.

6. UNITS: Each unit together with its undivided interest in the common elements shall

for all purposes constitute a separate parcel of real property, which may be owned, held, transferred,

sold, conveyed, used, occupied, mortgaged, or otherwise encumbered in the same manner as any other

separate parcel of real property, subject to the provisions of this Declaration and the Act. Each unit

owner shall be entitled to the exclusive ownership and possession of the unit or units owned by him,

subject to the provisions of this Declaration and the Act. Each unit shall include all of the space and

improvements within the boundaries thereof.

(a) Any ground level unit shall have a lower horizontal boundary which coincides with the

upper surface of the concrete slab upon which the unit is situated. Any unit which is not a ground level

unit shall have a lower horizontal boundary which coincides with the upper horizontal boundary of the

unit directly below. The upper horizontal boundary of each unit shall be the under surfaces of the joists

which are the ceiling joists for the uppermost floor of such unit. The vertical (lateral) boundary of each

unit shall be the interior unfinished surface of the outside walls of such unit. All of the aforesaid

boundaries shall be extended to the intersections with each other. Notwithstanding the foregoing, all

exterior doors and glass surfaces, such as windows, serving each unit shall be deemed to be included

within the boundaries thereof; and all portions of the heating and air conditioning systems (including

furnaces, compressors, conduits, wire, pipes, and the like) serving a single unit shall be deemed to be

included within the boundaries of that unit, irrespective of whether the same are located within the

boundaries above described.

(b) Relocation of Boundaries Between Units: The boundaries between adjoining units may

be relocated from time to time, such relocations to be made in accordance with Section 27 of the Act;

provided, however, and notwithstanding the foregoing, any amendment to this Declaration which is

to be executed and recorded in connection with any such relocation of boundaries between adjoining

units must be approved in writing by the owners of two-thirds (2/3rds) of the units.

7. LIMITED COMMON ELEMENTS: The limited common elements are those portions

of the common elements which are reserved for the exclusive use of those persons who are entitled to

the use of the units to which such limited common elements are assigned. The limited common

elements shall be assigned as follows:

(a) All portions of the common elements on which there is located any portion of

the heating and air conditioning system serving a particular unit or units shall be limited common

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elements, reserved for the exclusive use of those persons who are entitled to use the unit or units which

is or are served by such heating and air conditioning systems.

(b) Skylights located in the roof above the upper horizontal boundary of a unit and

within vertical extensions of the lateral boundaries of a unit.

8. ADDITIONAL LIMITED COMMON ELEMENTS: No portion of the common

elements located on the property may be subsequently assigned as a limited common element, without

the consent of the Owners of the two-thirds (2/3rds) of the units.

9. ALLOCATION OF UNDIVIDED INTEREST IN THE COMMON ELEMENTS: The

percentage of undivided interest in the Common Elements allocated for each unit is set forth in Exhibit

B.

10. ALLOCATION OF VOTES IN THE ASSOCIATION: The owner of each unit in the

Condominium shall be entitled to that number of votes in the Association equivalent to the percentage

of the undivided interest in the common elements allocated to that unit as more particularly shown on

Exhibit B attached hereto and incorporated hereby by reference.

The persons entitled to exercise such votes at meetings of the Association, the method

by which such votes may be exercised and the rights and obligations generally of members of the

Association with regard to voting shall be in accordance with Section 44-3-79 of the Georgia

Condominium Act and this Declaration.

11. ALLOCATION OF LIABILITY FOR COMMON EXPENSES: Each unit shall be

allocated the liability for common expenses in proportion to its undivided interest in the Common

Elements.

12. POWERS OF THE ASSOCIATION AND BOARD OF DIRECTORS: The powers of

the Association and Board of Directors shall be as set forth, and shall be subject to the limitations and

restrictions set forth in the Act, the Georgia Non-Profit Corporation Act, this Declaration, the Articles

of Incorporation and the Bylaws of the Association.

13. PREPARER OF DECLARATION: The name and address of the attorney who prepared

this Declaration is Russell T. Quarterman, Attorney at Law, 1671 Meriweather Drive, Suite 103,

Bogart, Oconee County, Georgia.

14. RESTRICTIONS: For the purpose ofassuring the maximum enjoyment ofthe property

by every unit owner and all of those persons entitled to occupy a unit, all of the residents thereof, the

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use of the property shall be only in accordance with the following provisions:

(a) Use: All units shall be restricted exclusively to residential use. No unit or any

limited common element, or any portion thereof, shall at any time be used for any commercial, business

or professional purpose; provided that the Declarant may conduct sales and promotional activities on

the property with respect to units owned by it and may maintain such units as model units; and

provided further, that nothing contained in this Declaration shall be construed as prohibiting the use

of units for rental purposes. The common elements shall be used exclusively for the decorative,

convenience and service purposes for which they are intended.

(b) Parking: Only passenger automobiles or a pick-up truck of a load bearing

capacity of no more than one ton in operating condition with a then current effective liability insurance,

license tag and operating sticker may be parked upon or in parking areas and spaces. The Board of

Directors may cause property stored or parked in violation of the provisions of this Paragraph (b) to

be moved at the expense of the unit owner who parked or stored the same or whose lessee, employee,

invitee, or invitee parked or stored the same, or at the expense of the unit owner on whose behalf the

same is parked or stored, or who caused or permitted such parking or storage. The cost of removal and

further storage shall be assessed against the unit owner liable for such cost hereunder, provided,

however, that Declarant and its agents may park such trucks, vehicles or equipment in the parking area

or common elements as are necessary to complete construction or provide maintenance to any unit,

common element or limited common element.

Boats, trailers, trucks, motorcycles, mini-bikes, recreational vehicles or non-automobiles may

be parked only in parking areas set aside by the Board of Directors for such purposes. These Enclosed

please find restrictions on recreational vehicles or non-automobiles may be enforced by removal and

storage in the same manner as for passenger automobiles, including the right of the Association to

charge a fee for such removal and storage.

Provided, however, at the discretion of the Board specific parking spaces may be assigned and

designated to individual units.

(c) Motorcycles. Motorscooters, Go-Carts: Go-Carts are prohibited from use on

any part of the Property. Motorcycles (including motor bikes or minibikes), motor scooters, and similar

vehicles may be used only on the streets and the paved common elements, and then only for

transportation to a unit and to leave the property, and not for recreation in itself or for joy riding.

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(d) Prohibited Activities: No noxious or offensive activity shall be carried on in

any unit, or upon any limited common element or common element. Each unit owner, his employees,

lessees, invitees and guests, shall refrain from any act or use of his unit or limited common elements

or common elements, which could reasonably cause embarrassment, discomfort, annoyance, or

nuisance to any other occupant or occupants of the property.

Nuisances: No rubbish or debris of any kind shall be dumped, placed, or

permitted to accumulate upon any portion of the property so as to render any portion thereof unsanitary,

unsightly, offensive or detrimental to the other occupants of the property. No nuisance shall be

permitted to exist or operate upon any portion of the property. Without limiting the generality of any

of the foregoing, 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, or any

portion thereof.

Compliance by Unit Owners and Lessees: Each unit owner shall cause his

lessee, or his sublessee, to comply with all of the restrictions set forth in this Article 14, and such other

reasonable rules and regulations concerning the use of the property as may be made and amended from

time to time by the Board of Directors pursuant to Article 24 of this Declaration, notwithstanding the

fact that such lessee or said lessee's sublessee are fully liable for any violation of such restrictions, rules

and regulations. All agreements by which a unit is leased shall provide that the terms of such lease

shall be subject in all respects to all of the terms and provisions of the Declaration and the Bylaws and

that any failure by the lessee to comply with the terms of such documents shall be a default under such

lease agreements.

(g) Leasing of Units: Units may be leased by unit owners subject to the covenants

and restrictions of this Declaration, including without limitation Article 14(f) hereof, and subject to any

part of the rules and regulations governing leasing established by the Board of Directors. Any lease

agreement shall be required to provide that the terms of the lease shall be subject in all respects to the

provisions of this Declaration and that any failure by the lessee to comply with the terms of such

documents shall be a default under the lease. All leases shall be required to be in writing. This Article

14(g) and any part of the rules and regulations relating to the leasing of units established by the Board

of Directors shall not apply to any lease or leases which may be entered into by the Declarant; provided,

however, the occupancy of any unit by any lessee of the Declarant shall be otherwise subject to the

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provisions of this Declaration.

(h) Sale by Mortgagee: Should the holder of a first lien mortgage on any unit

become the fee simple owner of such unit through foreclosure or any other means pursuant to the

satisfaction (in whole or in part) of the indebtedness secured by such mortgage or desire to sell under

the power of sale contained in its mortgage, the sale of such fee simple interest or any lease or

disposition of any interest in the unit by such mortgages pursuant to the satisfaction (in whole or in

part) of the indebtedness secured thereby may be accomplished without regard to the restrictions

contained in this Article 14; provided, however, that the purchaser or lessee of such unit from such

mortgagee shall take title to such unit subject to all of the provisions of this Article 14, this Declaration

and the Act.

15. REPAIR AND MAINTENANCE: The repair and maintenance of the property shall

be in accordance with the following terms and conditions:

(a) Units: Each unit owner shall be responsible for the maintenance, repair,

renovation, restoration, and replacement of all portions of his unit, including, without limitation, the

heating, air conditioning and interior electrical and plumbing systems and exterior doors, glass surfaces,

and window screens serving his unit. In addition, each unit owner shall be responsible for the

maintenance, repair and replacement of any exterior lights serving his unit. All such maintenance,

repair, renovation, restoration and replacement work shall be performed by each unit owner in such a

manner so as to cause as little disturbance to the owners or tenants of the other units as is reasonably

possible. Notwithstanding the foregoing, however, no unit owner shall allow his unit to remain in a

state of disrepair. If a unit owner allows his unit to remain in a state of disrepair for a period of thirty

(30) days after receipt of written notice to repair from the Association, the Association shall be entitled

to correct said state of disrepair and specially assess the unit owner for the cost thereof.

(b) Limited Common Elements: Each unit owner shall be responsible for the

maintenance, repair, renovation, restoration and replacement of all of the limited common elements

assigned to his unit. All such maintenance, repair, renovation, restoration and replacement work to be

performed by the owner thereof shall be performed in such a manner so as to cause as little disturbance

to the occupants or tenants of the other units as is reasonably possible.

(c) Common Elements: The Association shall be responsible for the maintenance,

repair, renovations, restoration and replacement of the common elements, except for the limited

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common elements for which the unit owners shall be responsible, as provided by Paragraph 15(b)

above. In performing such responsibility, the Association shall do the following:

1. Provide exterior maintenance upon all buildings containing units,

including painting, repairing, replacing and caring for roofs, gutters, downspouts, and exterior walls

and surfaces (except for exterior doors and glass surfaces, for which the individual unit owners shall

be responsible), landscape maintenance and the parking area maintenance (except for parking areas

designated as limited common areas appurtenant to a unit).

2. Repair, replace and maintain all utility lines, pipes, wires and conduits

serving the units (except for those forming a part of the heating and air conditioning and interior

electrical and plumbing systems, for which the individual owners shall be responsible).

(d) Prohibited Changes: No unit owner shall paint or otherwise change the exterior

appearance of his unit, or of any other portion of the property, including any of the limited common

areas assigned to his unit, without having first obtained the written consent of the Board of Directors.

Additionally, the design, type, location, size, intensity and color or all exterior lights (including both

those mounted as part of the original design of the property and those mounted with the consent of the

Board of Directors) shall be subject to the control of the Board of Directors.

(e) Maintenance Required by Unit Owners: In the event the Board of Directors

shall determine that the need for maintenance or repairs by the Association as provided in Article 15(c)

above is caused through the willful or negligent act of a unit owner, his lessee, or their sublessees,

assignees, guests or invitees, and not paid for by insurance, the cost of performing such maintenance

or repair shall be added to and become a part of the assessments to which such unit owner is subject.

16. PLAT AND PLANS: The survey ofthe property is being filed simultaneously with this

Declaration in Condominium Plat Book, page › Athens-Clarke County, Georgia Records,

and said survey is by reference incorporated herein.

Plans for the units located on the property, conforming to the requirements set forth for

the same in the Act, are being filed simultaneously with this Declaration in the Office of the Clerk of

Superior Court of Athens-Clarke County, Georgia, the same being File no.: _ _

17. CONTROL BY DECLARANT: Notwithstanding anything contained elsewhere in this

Declaration, or in the Articles of Incorporation or Bylaws, which may be construed to the contrary, the

Declarant shall be authorized to appoint and remove any member or members of the Board of Directors

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and officer or officers of the Association. The Declarant's authority to so appoint and remove members

of the Board of Directors and officers of the Association shall expire upon the first of the following to

occur:

(a) upon the conveyance of at least eighty (80%) percent of the units which may

be created pursuant to 5(b)5 above.

(b) Seven (7) years from the date of the recordation of this Declaration of

Condominium.

(c) the surrender by the Declarant of the authority to appoint and remove members

of the Board of Directors and officers of the Association by an express amendment to this Declaration

executed and recorded by the Declarant.

18. RESERVE FUND: Upon transfer of control of the Association as provided hereinabove,

the Declarant shall establish a reserve fund. The reserve fund shall contain available funds in an

amount no less that one year of expenses reasonably expected for the minimum operations legally

required of the Association.

19. ASSESSMENTS: Assessments against the unit owners shall be made to raise funds

to pay the common expenses of the property, and shall be governed by the following provisions:

(a) Liability: Each unit owner shall be liable to the Association for all sums as are

lawfully assessed by the Association against him or his unit or units in accordance with the terms and

provisions of this Declaration and the Articles of Incorporation and Bylaws. In addition to exercising

the remedies provided for in Article 19(g) below, the Association may enforce such liability by an

action at law to recover all amounts assessed against each unit owner in accordance with the provisions

of this Article 19.

(b) Purpose: Assessments shall be levied against the unit owners and the units to

defray the common expenses of the property. The common expenses of the property shall be all of the

expenditures which are made or incurred by or on behalf of the Association in connection with the

exercise of its powers and responsibilities, and shall include the following:

(i) Common utility bills and charges for other common services;

(ii) premiums for all insurance policies maintained by the Association;

(iii) the expenses of performing the maintenance, repair, renovation, restoration

and replacement work which is the responsibility of the Association under Article 15 hereof;

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(iv) such other costs and expenses as may be determined from time to time by

the Board of Directors to be common expenses; and

(v) the creation and maintenance of such reserve funds as are required to be

maintained by the Association under Article 19(c) below, and such other reserve funds as the Board

of Directors shall determine.

(c) Budget, Payment Dates: No less than thirty (30) days prior to the

commencement of each fiscal year of the Association, the Board of Directors shall adopt a budget for

the succeeding fiscal year, which budget (i) shall estimate the amount of common expenses which are

anticipated to be incurred during such years, and (ii) shall make provisions for an adequate reserve fund

for maintenance, repair and replacement of those portions of the common elements that must be

replaced on a periodic basis. Prior to the commencement of such fiscal year, the Board of Directors

shall furnish a copy of such budget to each unit owner, together with a written statement of the amount

of such common expenses which shall be assessed against such unit owner for such fiscal year. Unless

otherwise determined by the Board of Directors, such assessment shall be due on January 1 of each

fiscal year and shall be payable to the Association in single annual payment which is on or before

January 1 of each year. The Board of Directors shall be authorized to pro-rate the annual assessment

into twelve monthly installments. In addition, any fees, charges, and other amounts payable by any unit

owner to the Association shall be added to and shall, unless paid at the time the same are incurred or

at some other time determined by the Board of Directors, be due and payable as part of the installment

of the assessment next coming due.

(d) Special Assessments: If for any reason, including nonpayment of any unit

owner's assessments, an annual budget adopted by the Board of Directors for any fiscal year proves

inadequate to defray the common expenses for such fiscal year, the Board of Directors may, at any

time, levy a special assessment to raise the additional funds necessary to defray such common

expenses, which special assessment shall be due and payable at such time and in such installments as

the Board of Directors shall determine. Additionally, the Board of Directors shall be authorized to levy

special assessments under the circumstances described in Article 23(e)(i) of this Declaration.

(e) Equal Assessment: Except as provided for differently in Article 15(e) of this

Declaration, no 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

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which such limited common element is assigned.

Special Assessments for Capital Improvements: In addition to the assessments

which shall be levied against the unit owners under Articles 19(b) and (d) above, the Board of Directors

shall be authorized, upon the affirmative vote the owners of the units to which three-fourths (3/4ths)

of the undivided interest in the common elements is allocated, to levy a special assessment for the

purpose of defraying, in whole or in part, the costs of any capital improvements to be made upon the

common elements, or for the costs of making repairs or replacements which are not provided for in the

then current budget of the Association. Any such special assessments for capital improvements and

repairs shall be payable at such time and in such installments as the Board of Directors shall determine.

(g) Collection: In addition to all other remedies provided by law, the Association

may enforce collection of the assessments for which a unit owner is liable, together with all other

amounts as may be owned by such unit owner to the Association, as hereinafter provided.

(i) In the event that any unit owner shall fail to pay any installments of any

assessment levied against him within ten (10) days after such installment shall be due and payable, the

entire unpaid balance of such assessment for the remainder of the fiscal year may, at the option of the

Board of Directors, be accelerated and be declared immediately due and payable in full, without notice

to such unit owner.

(ii) In the event that any unit owner shall fail to pay within five (5) days alter

the same shall be due, any amounts due and payable to the Association, such unit owner shall be liable

for the payment of, and shall pay, in addition to the amounts so due the Association:

(a) a late charge equal to Ten Dollars ($10.00) or ten percent (10%) of

the amount so due, whichever is the greater;

(b) interest on the amount so due, and the aforesaid late charge

appertaining thereto, from the date the same were due and payable, at the rate of ten percent (10%) per

annum, until paid;

(c) the cost of collection, including court costs, the expenses of sale,

any expenses required for the protection and preservation of the unit, and reasonable attorney's fees

actually incurred; and

(d) in the event the Association shall seek to foreclose its lien on the

unit of such owner, the fair rental value of the unit from the time of the institution of suit until sale of

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the unit at foreclosure (or until the judgment rendered in such suit is otherwise satisfied).

(3) The lien for assessments in favor of the Association provided by Section

41 of the Act shall include all sums as may become payable by a unit owner to the Association pursuant

to Articles 19(g)(i) and (g)(i1) above.

(4) The right of a unit owner, and all persons entitled to occupy the unit of

such owner, to use the common elements shall be suspended for the period of time any amount due and

owing to the Association in regard to any unit owned by such owner shall remain unpaid; provided,

however, that no such suspension shall deny any unit owner, or the occupants of any unit, access to the

unit owned or occupied, nor cause any hazardous of unsanitary condition to exist.

(h) Fee for Statements of Amounts Due: The Association may require the payment

of a fee, not to exceed Ten ($10.00) Dollars as a prerequisite to its issuance of any statement pursuant

to Section 41(d) of the Act.

20. COMMON PROFITS: Any surplus remaining after the application of the common

profits to the payment of the common expenses shall be either distributed to, or credited against the

next assessments chargeable to, the unit owners, as the Board of Directors shall determine.

21. COMPLIANCE WITH CONDOMINIUMINSTRUMENTS: Every unit owner and all

of those persons entitled to occupy a unit shall comply with all of the provisions of this Declaration,

the Articles of Incorporation, the Bylaws, and all rules and regulations which shall be adopted by the

Board of Directors in regard to the property. In the event of any breach or violation of any such

provisions, the Association shall have the right to proceed at law or in equity to compel compliance

therewith. In the event any unit owner shall permit or suffer to exist any condition in his unit or in the

limited common elements assigned to his unit which is in violation of any of the foregoing provisions,

the Association shall have the right to enter upon such unit or limited common element and remove the

thing or condition causing such violation, and the unit owner who permitted or caused such violation

to exist shall be fully liable to the Association for all costs and expenses it shall incur in connection

therewith. All such costs and expenses shall be paid to the Association promptly upon demand. In no

event shall the Association or its agents have any liability for so entering upon any portion of the

property and removing such thing or condition. In the event the Association shall employ legal counsel

to enforce any of the foregoing, the unit owner permitting or suffering such condition to exist shall pay

all reasonable attorneys fees so incurred by the Association.

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In addition to the foregoing remedies of the Association, the Board of Directors shall have the

power to impose and assess fines against any unit owner who permits or suffers any condition to exist

in violation of any of the foregoing provisions. All such fines shall be in an amount determined by the

Board of Directors; provided, however, that no such fine shall exceed the sum of $25.00 for any one

violation, but each day a violation is continued or repeated after the Board of Directors shall give the

unit owner responsible for such violation a written notice of the same shall be considered a separate

violation. No delay, failure or admission on the part of the Association in exercising any right, power

or remedy herein provided shall be deemed a waiver of the right to do so thereafter as to the same

violation or breach, or as to a violation or breach occurring prior or subsequent thereto, and shall not

bar or affect its enforcement. In no event shall the Board of Directors, or any of its agents, be liable

to anyone whomsoever on account of any failure to bring any action on account of any violation or

breach by any unit owner of any of the foregoing provisions.

22. INSURANCE: Insurance (other than title insurance) which shall be obtained by the

Association shall be governed by the following provisions:

(a) Types of Insurance: The association shall obtain and maintain the following

insurance policies:

(i) a multi-peril casualty insurance policy covering the entire property,

providing as a minimum for and extended coverage, vandalism and malicious mischief, on a

replacement cost basis in an amount not less than one hundred (100%) percent of the full replacement

cost of all structures within the Condominium. The name of the insured under such casualty insurance

policy shall be stated as follows: "Woodlake Phase VII Condominium Association, Inc. for use and

benefit of the individual unit owners of Woodlake Phase VII, Athens-Clarke County, Georgia". The

amount of coverage of such casualty insurance policy shall be readjusted by reappraisal or revaluation

of the insured property not less frequently than once every two (2) years. Such casualty insurance

policy shall contain the standard mortgages clause which shall be endorsed to provide that any proceeds

shall be paid to the Association for the use and benefit of mortgagees as their interest may appear.

(11) A comprehensive policy of public liability insurance covering all of the

common elements. Such liability insurance policy shall contain a "severability of interest" endorsement

which shall preclude the insurer from denying the claim of a unit owner because of the negligent acts

of the Association or other unit owners. Such liability insurance policy shall cover the Association, the

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Board of Directors, the officers of the Association, all agents and employees of the Association, and

all unit owners and other persons entitled to occupy any unit or other portion of the property, shall be

for at least $500,000.00 for injury including death to a single person, $1,000,000.00 for injury or

injuries, including death, arising out of a single occurrence and $50,000.00 for property damage, with

cross liability endorsement to cover the unit owners as a group and shall include protection against

water damage liability, and liability for property of others.

(iii) A policy of fidelity coverage against dishonest acts on the part of the

members of the Board of Directors, the manager of the Condominium, and any employees or volunteers

of the Association responsible for handling funds belonging to or administered by the Association.

Said policy of fidelity coverage insurance shall name the Association as the named insured and shall

be written in an amount which shall in no event be less than one and one-half times the Association's

estimated annual common expenses and reserves.

(iv) Such other insurance policies as the Board of Directors shall deem desirable

for the benefit of the Association and the unit owners.

(b) Minimum Qualifications of Insurance Carriers: Each policy of insurance which

the Association is required to maintain under the provisions of Article 22(a) shall be written by a hazard

insurance carrier which has a financial rating by Best's Insurance Reports of Class A: VI or better and

which is licensed to transact business within the State of Georgia.

(c) Minimum Qualifications of Insurance Policies: All policies of insurance which

the Association is required to maintain under the provisions of Article 22(a) shall (a) not allow

contributions or assessments to be made against the owner of any unit, or the holder of any mortgage

upon any unit, (b) not allow loss payments to be contingent upon any action by the insurance carrier's

board of directors, policyholder's or members (c) not include any limiting clauses (other than insurance

conditions) which could prevent any unit owner or the holder of any mortgage upon any unit from

collecting insurance proceeds, and (d) contain or have attached a mortgage clause which provides that

the insurance carrier shall notify in writing all holders of first lien mortgages on any of the units at least

ten (10) days in advance of the effective date of any reduction in or cancellation of such policies.

(d) Unit Owner's Policies: The unit owners may carry at their own initiative and

expense the following insurance policies:

(i) a building additions, betterments, and alterations endorsement to the master

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casualty insurance policy described in Article 22(a) hereof for the exclusive benefit of the particular

unit owner, such unit owner to be liable for (and the Association to be in no way liable for) the

premium for such endorsement; and

(ii) a "Tenant's or condominium owner's policy" covering the contents of his

unit, personal injury and property damage liability, burglary and the like.

In no event shall any recovery or payment under the insurance coverage

obtained and maintained by the Association be affected or diminished by insurance purchased by

individual unit owners or mortgagees, and no unit owner shall be entitled to exercise his right to

maintain the additional insurance coverage set forth in this Article 22(d) in such a way as to decrease

the amount which the Association may realize under any insurance policy which it may have in force

on the property at any particular time.

(e) Proceeds on Account of Damage to Common Elements: Insurance proceeds

which shall be paid on account of damages to or destruction of any portion of the common elements

which does not exclusively serve any unit or units shall be held by the Association in a construction

fund, which shall be used for the purpose of repairing, reconstructing or rebuilding the portion of such

common elements so damaged or destroyed, as provided in Article 23(a)(1) of this Declaration. If it

shall be determined in accordance with the provisions of Article 23(b) of this Declaration not to repair,

reconstruct or rebuild the portion of the common elements so damaged or destroyed, then the insurance

proceeds paid on account of the occurrence of such damage or destruction to such portion of common

elements shall first be used to clean up and landscape the common elements as necessary in view of

the fact that such portion of the common elements is not to be repaired, reconstructed or rebuilt, and

the remaining insurance proceeds shall be disbursed to the unit owners in proportion to their undivided

interest in the common elements, such disbursement to be made payable jointly to the unit owners and

their mortgagees. Notwithstanding anything contained in this Declaration, the Articles of

Incorporation, the Bylaws, or the Act which may be construed to the contrary, in no event shall any

insurance proceeds paid to the Association on account of the occurrence of any fire or other casualty

be deemed to be common profits.

Proceeds on Account of Damage to Units and Common Elements Exclusively

Serving Units. In the event that any insurance proceed shall be paid to the Association on account of

any damage to or destruction of any unit or units and/or any portion of the common elements

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exclusively serving such unit or units, the Association shall be deemed to hold such insurance proceeds

in a series of separate accounts, one such account for each unit which is so damaged or destroyed, or

the common elements exclusively serving which units are so damaged or destroyed. The amount of

insurance proceeds which shall be deemed to be held by the Association in each such account shall be

determined by multiplying the entire amount of insurance proceeds which shall be received by the

Association as a consequence of the damage or destruction to such unit or units and/or the common

elements exclusively serving such unit or units by a fraction, the numerator of which shall be the total

estimated cost of repairing, reconstruction, or rebuilding the unit, and the common elements exclusively

serving the unit, on behalf of which such account is credited, and the denominator of which shall be

the total estimated cost of repairing, reconstruction, or rebuilding all of the units and common elements

as a consequence of the damage to or destruction to which such insurance proceeds were paid. If it

shall be determined in accordance with the provisions of Article 23(c) of this Declaration not to repair,

reconstruct or rebuild any unit which is so damaged or destroyed, then the amount of insurance

proceeds which shall be held by the Association in the account for such unit shall be disbursed to the

owner of such unit, such disbursement to be made jointly to the unit owner and his mortgagee. Such

disbursement, however, shall be made only after the Board of Directors shall have entered into a

financial arrangement satisfactory to the Board of Directors whereby such unit owner shall pay for the

cost of cleaning up and landscaping the property on which such unit was located. Notwithstanding

anything contained in this Declaration, the Articles of Incorporation or Bylaws of the Association

which may be construed to the contrary, in no event shall any amounts as shall be held by the

Association or the account of any unit owner pursuant to the provisions of this Article 22(f) be deemed

to be common profits.

For purposes of Article 22(e) and Article 22(f), common elements shall be deemed to

exclusively serve a particular unit only if they constitute all or a portion of the walls, roofs or a

foundation enclosing such unit.

23. DAMAGES OR DESTRUCTION OF PROPERTY: Repair, reconstruction or

rebuilding of the property following damage to or destruction of all or any portion of the property shall

be governed by the following provisions:

(a) Estimates of the Cost of Repairs: As soon as practicable following the

occurrence of any damage to or destruction of any portion of the property, the Board of Directors shall

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obtain reliable and detailed estimates of the cost of repairing or restoring such portion of the property

so damaged or destroyed to substantially the same condition as such portion of the property was in prior

to the occurrence of such damage or destruction, and shall proceed with the filing and adjustment of

all claims arising under the insurance maintained by the Association as a result of such damage or

destruction.

(b) Determination to Repair, Reconstruct or Rebuilding Common Elements: Any

damage to or destruction of the common elements will be repaired, reconstructed or rebuilt unless the

owners of the units to which seventy-five (75%) percent of the votes in the Association are allocated

shall determine, within forty-five (45) days after the occurrence of the casualty, not to repair,

reconstruct or rebuild the same.

(c) Determination to Repair, Reconstruct or Rebuild Units: The determination to

repair, reconstruct or rebuild any unit which is damaged or destroyed by fire or any other casualty shall

be made in the following manner:

any unit which is damaged, but not rendered untenantable, shall be

repaired in all events.

(ii) in the event that any unit is so damaged or destroyed that such unit is

thereby rendered untenantable, such unit shall be repaired, reconstructed or rebuilt unless, within forty-

five (45) days after the occurrence of such casualty, (a) the owners of the unit which is so rendered

untenantable, together with (b) the owners of the units to which sixty-seven (67%) percent of the

remaining votes in the Association (not including the vote of the owner of the unit which has been

rendered untenantable by such casualty), and (c) the holders of sixty-seven (67%) percent of the first

mortgages on the units within the Condominium (including the holder of any first mortgage on the unit

which has been so rendered untenantable) shall all determine not to repair, reconstruct or rebuild such

unit so rendered untenantable.

(iii) for purposes of this Article 23(c), a unit shall be deemed to be untenantable

only if as a consequence of this occurrence of a fire or other casualty, such unit is not fit for present

occupancy, and if the estimated costs of making repairs necessary to render such fit for present

occupancy shall exceed one-half (½) of the fair market value of such unit prior to the occurrence of

such casualty.

(d) Manner of Repair, Reconstruction or Rebuilding: All repairs, reconstruction,

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or rebuilding to be made as a result of damage by fire or other casualty shall be made in accordance

with the following provisions:

(i) Common Elements: The damage shall be repaired, reconstructed or rebuilt

substantially in accordance with the plans and specification for such damaged property prior to the

occurrence of such damage.

(ii) Units: If the damage to be repaired, reconstructed or rebuilt is to any unit,

such repair, reconstruction or rebuilding shall be substantially in accordance with the plans and

specifications for such damaged unit prior to the occurrence of such damage.

(iii) All of the work of repairing, reconstruction or rebuilding any portion of

the property, the damage to or destruction of which caused the payment of insurance benefits under

insurance policies maintained by the Association, shall be performed under the supervision of the

Board of Directors, which, in discharging such supervisory responsibilities, shall be authorized to

employ such building supervisors and architects as the Board of Directors shall deem to be in the best

interest of the Association. The fees which shall be payable to any such building supervisor or architect

employed by the Board of Directors shall be a common expense of the Association.

(e) Costs of Repair, Reconstruction or Rebuilding:

(i) Common Elements: The cost of repairing, reconstruction or rebuilding any

portion of the common elements which shall be damaged or destroyed and which does not exclusively

serve any unit or units shall be paid with any insurance proceeds which shall be paid to the Association

on account of such damage or destruction. If such insurance proceeds are not sufficient to defray such

costs of repair, reconstruction or rebuilding, then the Board of Directors shall levy a special assessment

against all of the unit owners and units to raise the excess funds necessary to defray such costs.

(i1) Units and Common Elements Exclusively Serving Units: The cost of

repairing, reconstructing or rebuilding cach unit which shall be damaged or destroyed, and any portion

of the common elements exclusively serving such unit which shall be damaged or destroyed, shall be

paid with the insurance proceeds which shall be paid to the Association on account of such damage or

destruction and held by the Association on account for such unit, as provided in Article 22(f) of this

Declaration. If the amounts which are held by the Association in the account for such unit are not

sufficient to defray such costs of repair, reconstruction or rebuilding, then the Board of Directors shall

levy a special assessment against the owner of the unit on behalf of which such account was created

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to raise the excess funds necessary to defray such costs.

For the purposes of this Article 23(e), common elements shall be deemed to exclusively

serve a particular unit only if they constitute all or a portion of the walls, roofs or a foundation

enclosing such unit.

24. RULES AND REGULATIONS: The Board of Directors shall have the power and

authority to adopt, make and amend reasonable rules and regulations in regard to the use of the units,

limited common elements, and common elements. Copies of all such rules and regulations, and all

amendments thereto, shall be furnished to all of the unit owners, upon request.

25. EASEMENTS: The following easements shall be applicable to the property:

(a) Encroachments: To the extent that any unit or common element encroaches on any

other unit or any part of the common elements, whether by reason of any deviation from the survey or

the plans in the construction, repair, renovation, restoration or rebuilding of any improvement, or by

reason of any overhang or the settling or shifting of any land or improvement, a valid easement for said

encroachment and for the maintenance of same, so long as it stands, shall exist.

(b) Utility and Other Easements: The Association and the Board of Directors shall

have the irrevocable power as attorney-in-fact on behalf of all unit owners and their successors-in-tile

to accept easements benefitting the Condominium or any portion thereof and to grant easements

benefitting the property, or any portion thereof, whether or not a part of the Condominium upon, across,

over and under all of the property for ingress, egress, installation, replacing, and maintaining all utilities

including, but not limited to, water, power, telephones, gas electricity, cable television and a master

television antenna system. Such easements may grant to appropriate utility companies the right to erect

and maintain the necessary poles and other necessary equipment on the property and to affix and

maintain utility wires, circuits and conduits on, above, across and under the common elements, the units

or the roofs and exterior walls of the residual dwellings or other improvements comprising part of any

unit.

(C) Access to Units and Common Elements: Each unit owner shall afford to the

other unit owners and to the Association, and to any directors, officers, agents or employee of either,

such access through his unit and any limited common elements appurtenant thereto as may be

responsibly necessary to enable them to exercise and discharge their respective powers and

responsibilities. To the extent that damage is inflicted on the common elements, including without

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limitation any limited common elements, or any unit through which access is taken, the Association

or the unit owner occasioning such damage, whether by itself or through agents, employees or others,

shall be liable for the prompt repair thereof. There is hereby (i) reserved in the Declarant, (ii) granted

to all policemen, firemen, ambulance personnel and all similar emergency personnel, as easement to

enter upon the property or any part thereof in the proper performance of their respective duties. During

the period that Declarant owns any unit or owns any interest in the property or any portion thereof, the

Declarant shall have a transferable easement on, over, through, under and across the common elements

for the purpose of making improvements contemplated by the condominium instruments on the

property, or any portion thereof, for the purpose of installing, replacing, repairing and maintaining all

utilities serving the property or any portion thereof, and for the purpose of doing all things reasonably

necessary and proper in connection therewith. There is further reserved in the Declarant, and its

successor-in-title a perpetual casement for the benefit of the property for ingress and egress over and

across any road or drive which may now or hereafter be located on the property.

26. CONTRACTS WITH DECLARANT: The term of any agreement as may be entered

into between the Association and the Declarant which provides for professional management of the

Condominium or pursuant to which the Declarant is to provide any other services to the Condominium,

shall in no event exceed three (3) years. In addition, any such agreement shall be terminable by either

party thereto without cause and without payment of a termination fee on no more than ninety (90) days

written notice. Provided, however, the terms of any contract set forth above shall be subject to the

termination provisions of O.C.G.A. §44-3-101(c).

27. SEVERABILITY: The invalidity or unenforceability of any covenant, restriction or

other provision of this Declaration shall not affect the validity or enforceability of any other covenant,

restriction or provision of the Declaration.

28. CAPTIONS: The captions of all sections of this Declaration are inserted for

convenience only and are not intended to define, limit, restrict, extend or modify any of the provisions

of the sections to which such captions relate.

29. MORTGAGEE'S RIGHTS: Notwithstanding any of the provisions of this Declaration

or the Article of Incorporation or Bylaws of the Association, the following provisions are hereby

adopted for the protection of the mortgagees of units within the condominium project, and to the extent

they conflict with any of the provisions in the Declaration, the Articles of Incorporation or Bylaws of

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the Association, the following shall control:

(a) The Association shall not take the following actions without the prior written

approval of unit owners to which 80% of the votes in the Association appertain and all mortgagees of

such units.

(i) Seek to abandon or terminate the condominium project by act or omission.

(ii) Change the prorata interest or obligations of any individual unit for the

purpose of (a) levying assessments or charges or allocating distributions of hazard insurance proceeds

or condemnations awards, or (b) determining the prorata share of ownership of each unit in the

common elements.

(iii) Partition or subdivide any unit.

(iv) By act or omission, seek to abandon, partition, subdivide, encumber, sell

or transfer the common elements (other than the granting of easements for public utilities or for other

public purposes consistent with the intended use of the common elements).

(v) Use hazard insurance proceeds for loses to any condominium property

(whether to units or to common elements) or other than the repair, replacement or reconstruction in the

event of substantial loss to the units and/or common elements (in the event the determination is made

to so repair, reconstruct or rebuild in accordance with Article 23(b) and (c).

(b) Any first mortgagee who obtains title to a unit pursuant to the remedies provided

in the mortgage, by taking deed in lieu of foreclosure, or foreclosure of the mortgage on a unit shall not

be liable for the unpaid dues or charges attributable to such unit which have accrued prior to the

acquisition to title of such unit by the first mortgagee.

(c) Nothing in the Declaration, nor any provision of the Articles of Incorporation

or Bylaws of the Association shall entitle a unit owner, Declarant, or any other party, to priority over

any right of the first mortgagees of units with regard to a distribution to unit owners of insurance

proceeds or condemnation awards for losses to or the taking of units or common element.

(d) The Association shall give written notice to any first mortgagees of individual

units of any loss to, or taking, of the common elements if such loss or taking exceed $10,000.00 or

damage to a unit covered by a mortgagee exceeds $1,000.00.

(e) Any first mortgagee of individual units shall have the right to examine the books

and records of the Association.

Any holder of a first lien mortgage upon any unit, upon its request, shall be

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entitled to a written notice from the Board of Directors of any default in the performance by the owner

of the unit upon which such mortgagee holds such first lien mortgage of any obligation under this

Declaration, thy Bylaws or the Condominium instruments which is not cured within sixty (60) days.

IN WITNESS WHEREOF, the officers of the Declarant have set their hands and affixed their

seals this 1/7 day of April, 2006

PACE-BURT, INC.

BY:

Signed, sealed and delivered

in the presence of:

Witness

Tai stalking

Notary Pus CAMISSION ESPIRES

11811713008

a.0

PUBLIC-

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EXHIBIT А

All that tract or parcel of land, together with all improvements thereon, situate, lying and being

in the 1467i District, G.M., Athens-Clarke County, Georgia, and being shown on that plat of

survey entitled "Condominium Survey for Woodlake Condominiums - Phase VII." dated

Pand Survy and repred in Dendonie Pat Booken Ben pepy, Police el

the Clerk of the Superior Court of Athens-Clarke County, Georgia and being more particularly

described as follows:

Beginning at an iron pin located North 48 Degrees 03 Minutes 11 Seconds South 1335.75 from

the intersection of the Northerly Right-of-Way of Woodlake Drive with the Westerly Right-of-

Way of Epps Bridge Parkway; running thence North 13 Degrees 16 Minutes 38 Seconds East

163 feet to an iron pin found; running thence North 41 Degrees 40 Minutes 47 Seconds East

349.70 feet to a ½" rod found; running thence North 48 Degrees 11 Minutes 08 Seconds West

38.77 feet to a ½" pipe found; running thence North 48 Degrees 05 Minutes 01 Seconds West

194.91 feet to a ½" pipe found; running thence North 47 Degrees 28 Minutes 43 Seconds West

115.69 feet to an iron pin found; running thence North 48 Degrees 10 Minutes 29 Seconds

West 239.08 feet to an iron pin found; running thence South 09 Degrees 01 Minutes 28

Seconds East 577.08 feet to an iron pin found; running thence South 53 Degrees 49 Minutes

37 Seconds East 99.58 feet to an iron pin found; running thence South 26 Degrees 13 Minutes

24 Seconds West 196.47 feet to an iron pin found; running thence South 69 Degrees 59

Minutes 05 Seconds East 134.21 feet to a point; running thence South 62 Degrees 51 Minutes

51 Seconds East 3.11 feet to an iron pin which is the point of Beginning.

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EHIBIT B

Each Unit shall have a one-eighteenth (1/18) undivided interest in the Common Elements.

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Deed Recorded 11/07/2007 02:20PM Doc CHDO Clerk Superior Court, Athens-Clake County, Ga. Beverly Logan B₺ 03419 P: 0102-0116

STATE OF GEORGIA COUNTY OF CLARKE

DECLARATION OF WOODLAKE MASTER ASSOCIATION ATHENS-CLARKE COUNTY, GEORGIA

THIS DECLARATION is made and entered into this the Lf day of Sund

200%, by and between WOOD LAKE CONDOMINIUM ASSOCIATION, INC. here, Ie. Wood Lake I"), WOOD LAKE - PHASE TWO CONDOMINIUM ASSOCIATION, INC. (hereinafter "Wood Lake II"), WOODLAKE DEVELOPMENT, L.L.C. ("Woodlake Development"), WESTOVER APARTMENTS, L.P. (herelnafter "Westover), MARATHON CONTRACTORS, LLC (hereafter "Marathon"), CONDOMINIUMS AT WOODLAKE, PHASE FIVE OWNERS ASSOCIATION, INC. (here/nafter Woodlake), THE FLATS OF WOODLAKE CONDOMINIUM ASSOCIATION, INC. (hereinafter *Flats"), and WOODLAKE PHASE VII CONDOMINIUM ASSOCIATION, INC. (hereinafterẠWoodlake Athens-Clarke County, Georgia known as Woodlake (hereinafter the Woodlake Project) WHEREAS, a residentlal community has been developed in various phases in containing single family and multifamily residences consisting of (i) Phase I being developed as Wood Lake Condominiums containing a total of nineteen (18) units and Inc., (li) Phase Il being developed ae Wood Lake Condominiums, Phase II containing a being represented herein by Its owners association Wood Lake Condominium Assoclation, total of twenty four (24) units and being represented herein by its owners assoclation Wood Lake - Phase Two Condominium Assoclallon, Inc., (li) Phase Ill being developed by hundred twenty six (126) units and having subsequently been conveyed to Westover H. Pace Burt, Inc. as The Paces at Woodlake Apartments containing a total of one 270-275-280-285 Mallard Pointe Way, Athens, Georgia containing a total of four (4) units Apartments, L.P.; and, (Iv) Phase IV. being developed by Marathon Contractors, LLC as (v) Phase V being developed by Woodlake Development containing a total of twenty (20) units and being represented herein by its owner assoclation, Condominiums at Woodlake, LLC containing 39 units and being represented herein by its owners assoclation, The Flats Phase Five Owners Assoclation, Inc., (vi) Phase VI being developed by Babb Enterprises, Woodlake Condominiums Phase Vil containing 18 units and being represented herein by of Woodlake Condominium Association, Inc.; and (vii) Phase Vil being developed as Its owners association, Woodlake Phase ViI Condominium Association, Inc.; and

common amenities and services in the Woodlake Project Including the private roadways; WHEREAS, all partles lo this Declaration and all Phases share the use of certain the entranceway improvements Including gates, lability Insurance and common utility service relating to the entranceway and privale roadways; the large lake and its surrounding grounds, liability Insurance on the lake, and common area taxes related to the

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ake, with these common amenitles and services presently being hereinafter referred to as "Basic Amenities" and

share the use of other certaln common amenities and services in the Woodlake Project WHEREAS, except for Phase til, all parties to this Declaration and all Phases Including the existing swimming pool and its surrounding grounds, lability insurance on the swimming pool and the trash dumpster area and related frash management with these common amenities and services presently being hereinafter referred to asẠỊRecreational AmenitiesỊiand

Assoclation to own, control and maintain the Basic Amenities and the Recreational WHEREAS, all partles to this Declaration are desirous of establishing a Master Amenitles within the Woodlake Project; and

containing the Basic Amenitles and the Recreational Amenitles to the Master Association WHEREAS, Woodlake Development is amenable to conveying the real property for such purposes under certain conditions.

representatives of owners of the Phases within the Woodlake Project, do hereby declare NOW, THEREFORE, the partles to this Declaration, being all the owners or construcled or to be constructed thereon shall be owned and controlled by the Master that the real property described in Exhibil "A" attached hereto, including the improvements Association as hereinafter set forth for the purposes of owning and maintaining the Amenities of the Woodlake Project.

ARTICLE 1

DEFINITIONS

"Articles of Incorporation shall mean the Articles of Incorporation of the Association, as the same may be herelnafter amended. Assoçlation shall mean and refer to the Woodlake Master Assoclation, Inc., a nonprofit Georgia corporation, Ils successors and assigns.

"Basic Amenities" means all real and personal property submitted to the Declaration which is owned or leased by the Assoclation for common usa and enjoyment of all phases within the Woodlake Project, Including but not limited to all private roadways within the Woodlake Projeck and entranceway and Improvements contained therein, and the larger lake and surrounding area with the Basic Amenities and the Recreational Amenities (as defined below) are collectively referred to as the "Amenities.

D. "Board of Directors ahall mean the Board of Directors of the Association, the members of which shall be appointed and elected from time to time as provided in this Declaration, the Articles of Incorporation and the By-Laws. The Board of Directors shall be the goveming body of the Association.

E. By-Laws" shall mean the By-Laws of the Assoclation, as the same may be hereinafter amended,

F. Common Expenses means all expenditures lawfully made or incurred by or on behalf of the Association together with all funds lawfully assessed for the crealion and maintenance of reserves pursuant to the provislons of the Declaration. "Declarant shall mean and refer lo (I) the undersigned parties executing this Declaration or (lI) any successor-in-title to any party to ali or some portion of the Woodlake Project.

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H. 'Director" shall mean a member of the Board of Directors of the Assoclation.

"Owner shall mean and refer to the record owner, whether one or more persons, of the fee simple title to any unit or Phase localed within the Woodlake Project, excluding, however, any person holding such interest merely as security for the performance or satisfaction of any obligation.

"Person means any natural person, as well as a corporation, joint venture, partnership (general or limited), assoclation, limited lability company, trust or other legal entity.

K. Phase shall mean each individual phase of the Woodlake Project as delineated above including Phase I, Phase II, Phase III, Phase IV, Phase V and Phase VI. L. "Recreational Amenities means all real and personal property submitted to the

Declaration which is owned or leased by the Association for common use and enjoyment of all phases except Phase III, including but not limited to the existing swimming pool and surrounding fenced area and the existing trash dumpster area across Woodlake Drive from the lake, sald trash dumpster area belng Identified as Tract 2 on the plat attached hereto as Exhibit A.

M. Woodlake Project shall mean all real property in the Woodlake development, developed and undeveloped, situated behind the existing entry gate and being further identifled In Exhibit A attached hereto and Incorporated herein.

ARTICLE I|

PROPERTY SUEJECT TO THIS DECLARATION,

The real property which is, by the recording of this Declaration, subject to the Declaration Includes the rights of way known as Woodlake Drive and Mallard Pointe containing 3.082 acres, Tract 11 containing 2.983 acres and Tract 2 containing 0.879 acres as shown on a plat entitled "Composite Plat for Woodlake Development LLC and Condominlum Association Landiại dated march 8, 2005, last revised June 15, 2005, by Ben McLeroy & Associates, Inc. Ben McLeroy, Registered Land Surveyor No. 1184, a copy of sald plat belng attached hereto as Exhibit. A, along with any other future common amenities constructed or developed by the Declarant and Intended to serve as a common amenity for the Woodlake Project.

ARTICLE !!!

POWERS OF THE ASSQCIATION AND BOARD OF DIRECTORS The powers of the Association and the Board of Directors shall be as set forth and shall be subject to the limitations and restrictions set forth in the Georgia NonProfit Corporation Act, this Declaration, the Articles of Incorporation and the By-laws of tha Association.

ARTICLE IV

ASSOCIATION MEMPERSHIP AND VOTING RIGHTS Section 1. Membership. Every Phase (or its owner or an appointed representative) shall be a member of the Associallon. Membership shall be appurtenant to the ownership or control of a Phase within the Woodlake Project. Where a parcel of property within the Woodiake Project Is developed and submitted to the condominium for of ownership, the condominium assoclation for that particular Phase shall act as the representative of the owners of property within that Phase. Each Phase shall elect one

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Director to the Board of Directors of the Association as the duly authorized representative of that Phase on the Board,

Section 2. Voting. Notwithstanding the above, each Director shall be entilled to one (1) vote in the Association per residential unit contained within the Phase represented by such Director; provided however, the Director representing Phase Ill shall not vote on matters relating to the Recreational Amenitles. The Director from each Phase shall cast all votes for his/her Phase on all matters hereunder requiring a vote.

At the execution of this Declaration, the number of units and votes allocated to the Director representing each Phase are as follows:

Phase 1: 19 units 19 votes

Phase I: 24 units 24 votes

Phase III(Paces); 128 units 126 votes

Phase IV: 4 unlts 4 votes

Phase V: 20 unita 20 votes

Phase VI 39 units 39 votes

Phase VII: + 18 units. + 18 votes

250 units 250 votes

Should additional units be constructed that desire, or are required, to utilize the Basic Amenities or the Recreational Amenitles, the units and/or phases associated with the additional units shall be added to this Declaration and shall be accommodated in a like manner.

Section 3. Amplification, The provisions of this Article are to be amplified by the Articles of Incorporalion and By-Laws of the Association provided, however, that no such amplification shall substantially alter or amand any of the rights or obligations of the partles as set forth herein. In the event of any conflict or inconsistencies among this Declaration, the Articles of Incorporation or the By-Laws of the Association, this Declaration and the Articles of Incorporation (in that order) shall prevail,

ARTICLE V

ASSEBSM-UTE

It is the Intention of this Declaration to assess each Phase for amenities used or attributable to that Phase. Phase Ill Is not assessed for charges related to the Recreational Amenitles. Assesaments against all of the Phases hereto shail be made to ralse funds to pay the expenses of the Basic Amenitles and contribute a pro rate share of the maintenance of the Besic Amenitles; Assessments against all of the Phases except Phase Ill hereto shall be made to raise funds to pay the expenses of the Recreational Amen/ties, and contribute a pro rata share of the maintenance of the Recreational Amenities. Assessments shall be govemed by the following provisions:

(a) Lability. Each Phase shall be llable to the Association for all sums as are lawfully assessed by the Assoclation against it in accordance with the terms and provisions of this Declaration and the Articles of Incorporation and Bylaws. In addition to exercising the remedles provided for herein, the Assoclation may enforce such lability by an action at law to recover all amounts assessed against such party In accordance with the provisions of this Declaration.

(b) Obligation for Assessment. Each party hereto, and any successor in tille to any Phase, by acceptance of a deed or other conveyance thereof, whether or not it shall be expressed in any such deed or other conveyance, covenants and agrees to pay to the Association assessments which shall be fixed, established, and collected as herein

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determined by the number of residential units within each particular Phase of the (c) Rate of Assesament, All annual assessments shall a uniform rate Woodlake Project except:

(I) Phase Ill will not participate in the assessments for the Recreational Amenities;

of those entitled to occupy all of the Phases or by the licensees or invitees of any such (li) Any common expenses occasioned by the conduct of less than all Phase or Phases may be specially assessed agalnst the Phase or Phases, the conduct of any occupant, licensee or invitee of which occasloned any such common expenses; only be assessed for the measured use of the water attributable to the Phase with the * (li) Should any Phase have a separate water mater, that Phase will balance of the water charges belng distributed on a per unit basis among the other Phases not containing water meters.

defray the Common Expenses of the Baslo Amenitles and the Recreational Amenities as (d) Purpose. Assessments shall be levied against the Phases hereto to Recreational Amenities shall be all of the expenditures which are made or Incurred by or determined by the Board of Directors. The Common Expenses of the Basic Amenities and responsibilties, and shall Include but not be limited to the following: on behalf of the Assoclation in connection with the exercise of its powers and

(1) management fee, If any, and expenses of administration of the Association:

(Il) ad valorem taxes assessed against the Amenities; (III) common utility bills and charges for other common services; (lv) premiums for all Isurance policles maintained by the Association; restoration and replacement work which is the responsibility of the Assoclation hereunder; (v) the expenses of performing the maintenance, repair, renavation,

(vi) such other costs and expenses as may be determined from time to time by the Board of Directors to be Common Expenses; and

required to be maintained by the Association, and such other reserve funds as the Board (vil) the creation and maintenance of such reserve funds as are of Directors shall determine, including but not lImited to a reserve for repairs and maintenance,

commencement of each fiscal yeer of the Association, the Board of Directors shall adopt a (e) Budget, Payment Dates: No less than thirty (30) days prior to the budget for the succeading fiscal year, which budget (I) shall estimate the amount of Common Experises which are anticipated to be Incurred during such year, and (Il) shall those portions of the Basic Amenities and Recreational Amenities that must be replaced make provision for an adequate reserve fund for maintenance, repair and replacement of - shall furnish a copy of such budget to all Owners in the Woodlake Project, together with a on a perlodic basis, Prior to the commencement of such fiscal year, the Board of Directors wrillen stalement of the amount of such Common Expenses which shall be assessed against such Phase, Unless otherwise determined by the Board of Directors, such assessment shall be due on January 1 of each year. The Board of Directors shall be authorized to prorate the annual assessment into twelve monthly or four quarterly Installments, In addition, any fees, charges, and other amounts payable by any Phase shall be added to and shall, unless paid at the time the same are incurred or at some other

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time determined by the Board of Directors, be due and payable as part of the Installment of the assessment next coming due.

(f) Special Assessments, If for any reason, including nonpayment of any assessments, an annual budget adopted by the Board of Directors for any fiscal year proves Inadequate to defray the Common Expenses for such fiscal year, the Board of Directors may, at any time, levy a special assessment to raise the additional funds necessary to defray such Common Expenses, which speclal assessment shall be due and payable at such time and in such installments as the Board of Directors shall determine. Additionally, the Board of Directors shall be authorized to levy special assessments under the circumstances described in this Declaration.

Special Assessments for Cepital Improvemente. In addition to the assessments which shall be levied hereunder, the Board of Directors shall be authorized, to levy a special assessment up to a total maximum of $10,000.00 for the purpose of defraying, in whole or In part, the costs of any capital improvements to be made upon the Basic Amenities, Recreational Amenitles, or for the costs of making repairs or replacements which are not provided for in then current budget of the Associallon. Any such special assessments for the capital Improvements and repairs shall be payable at such time and in such installments as the Board of Directors shall determine. Any special assessment In excess of $10,000 shall require the affirmative vote of 75% of the total number of votes in the Association;

Collection• In addition to all other remedles provided by law, the Assoclation may enforce collection of the assessmenta for which a Phase is llable, together with all other amounts as may be owed by such Phase to the Association, as hereafter provided.

(I) In the event that any Phase shall fall to pay any Installment of any assessment levied agalnst It within ten (10) days after such installment shail be due and payable and within 5 days after written notice is malled to the Director from that Phase, the entire unpaid balance of such assessment for the remainder of the fiscal year may, at the option of the Board of Directors, be acceleraled and be declared immediately due and payable in full.

(il) In the event that any Phase shall fall to pay within five (5) days after • the same shall be due, any amounts due and payable to the Assoclatlon, such Phase shall be llable for the payment of, and shall pay, In addition to the amounts so due the Association:

(a). A late charge equal to the Ten ($10.00) Dollars or ten (10%) percent of the amount so due, whichever is the greater;

(b) Interest on the amount so due, and the aforesald late charge appertaining therelo; from the date same were dus and payable, at the rate of ten (10%) percent per annum, until paid; and

the cost of collection, including court costs and reasonable attorney's fees actually incurred.

(lI) The rights of all Owners within a Phase and all persons entitled to occupy the property of such Owners, to use the Amenitles shall be suspended for the period of lime any amount due and owing to the Assoclation in regard to any property within said Phase shall remain unpald; provided, however, that no such suspension shall deny any Owner, or the occupants of any property, access to the property owned or occupied, nor cause any hazardous or unsantary condition to exist.

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payment of a fee, not to exceed Ten ($10.00) Dollars as a prerequisite to its Issuance of (I) Eee for Statements of Amounts Due. The Association may require the any statement pursuant to the Act or this Declaration.

Article VI

INSURANCE

Insurance (other than title Insurance) which shall be obtained by the Association shall be governed by the following provisions:

(a) Types of Insurance, The Assoclation shall obtain and maintain the following insurance policies:

(1) A multi-peril casualty insurance policy covering the Recreational Amenitles, providing as a minimum, fire and extended coverage, vandalism and malicious mischlef, on a replacement coat basis in an amount not less than 100% of the full caaualty Insurance policy shall be stated as follows: "Woodlake Master Association, Inc. replacament cost of the Recreational Amenitles. The name of the insured under such for the use and benefft of the Individual Owners in the Woodlake Project, Clarke County, by reappraisal or reevaluation of the Insured property, not less frequently than once every GeorglaiẠi The amount of coverage of such casually Insurance policy shall be readjusted five years. Such casualty Insurance policy shall contain the standard mortgagee clause which shall be endorsed to provide that any proceeds shall be paid to the Association for the use and benefil of mortgagees as their Interest may appear.

(Il) A compreherisive policy of public liability insurance covering all of contain a severability of interest endorsement which shall preclude the Insurer from the Basic Amenities and Recreational Amenities. Such liability Insurarice policy shall denying the claim of a Owner because of the negligent acts of the Association or other Owners. Such liability insurance policy shall cover the Association, the Board of Directors, the officers of the Association, all agents and employees of the Association, and all Owners and other persons entitled to occupy any portion of the Property, shall be for at Trijurles, including death, arising out of a single occurrence and $50,000.00 for property least $500,000.00 for Injury Including death to a single person, $1,000,000.00 for injury or damage, with a cross labilily endorsement to cover the Owners as a group and shall include protection for damage to the property of others.

(ili) Such other Insurance policies as the Board of Directors shall deem desirable for the benefit of the Association, Its Officers and Directors or the Owners or the

(b) Minimum Quallfications of Insurance Carriers. Each policy of insurance which the Assoclation is required to maintain under the provisions of this Declaration shall be writter by a hazard Insurance carrier which has a finanolal rating by Best's insurance Reports of Class A:VI or better and which is licensed to transact business within the State of Georgia,

which the Association is required to maintain under the provisions of this Declaration shall (c) Minimum Qualifications of Insurance Policies. All policies of insurance (a) not allow contributions or assessments to be made against any Owner, or the holder of any mortgage, (b) not allow loss payments to be contingent upon any action by the Insurance carrier's board of directors, policyholdere, or members, (c) not include any limiting clauses (other than insurance corditions) which could prevent any Owner or the holder of any mortgage upon any unit from collecting insurance proceeds, and (d) contain or have atlached a mortgage clause which provides that the insurance carrier shall notify In writing all holders of first llen mortgages on any of the units at least ten (10) days in advance of the effective date of any reduction in, cancellation, or nonrenewal of such policies.

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In no event shall any recovery or payment under the Insurance coverage obtained and maintained by the Association be affected or diminished by insurance purchased by individual. Owners or mortgagees, and no Owner shall be entitled to exercise his right to maintain any additional insurance coverage in such a way as to decrease the amount which the Assoclation may realize under any Insurance policy which it may have in force on the Property at any particular time.

(d) Proceeds on Account of Damage to Recreational Amenitles. Insurance proceeds which shall be pald on account of damages to or destruction of any portion of the Recreational Amenities shall be held by the Association in a construction fund, which shall be used for the purpose of repairing, reconstruction or rebuilding the portion of such Recreational Amenities so damaged or destroyed, as provided in this Declaration. If It shall be determined in accordance with the provisions of this Declaration not to repair, reconstruct or rebuild the portion of the Recreational Amenitles so damaged or destroyed, then the insurance proceeds paid on account of the occurrence of such damage or destruction to such portion of Recreational Amenities shall first be used to clean up and landscape the Recreational Amentles as necessary in view of the fact that such part of the Recreational Amenitles is not to be repaired, reconstructed or rebuilt, and the remaining Insurance proceeds shall be disbursed to the Owners proportionately, such disbursement to be made payable jointly to the Owners and their mortgagees. Notwithstanding anything contained in this Declaration, the Articles of Incorporation, or the Bylaws which may be construed to the contrary, in no event shall any Insurance proceeds paid to the Association on account of the occurrence of any fire or other casually be deemed to be common profits.

Article VIl

DAMAGE TO OR DESTRUCTION OF AMENITIES

Repair, reconstruction or rebuilding of the Amenities following damage or destruction to all or any portion of the common elements shall be governed by the following provisions:

(a) Estimates of the Cost of Repair. As soon as practicable following the occurrence of any damage to, or destruction of any portion of the Amenitles, the Board of Directors shall obtain rellable and detailed estimates of the cost of repairing and restoring such portion of the Amenities so damaged or destroyed to substantially the same condition as such portion of the common elements were in prior to the occurrence of such damage and destruction and shall proceed with the filing and adjustment of all claims arising under Insurance maintained by the Association as a result of such damage or destruction.

(b) Determination to Repair, Reconstruct, or Rebulid Any damage to, or destruction of the Amenitles will be repared, reconstructed, or rebullt unless 75% of the voles In the Assoclation shall determine within 45 days after the occurrence of the casualty not to repair, recoratruct, or rebuild the same.

(c) Manner of Repair, Reconstruction, or Rebullding, All repairs, reconstruction, or rebullding to be made as a result of damage by fire or other casually shall be made in accordance with the following provisions:

(I) The damage shall be repared, reconstructed, or rebuilt substantially in accordance with the plans and specifications for such damaged property prior to the occurrence of such damage;

(Il) All of the work of repairing, reconstruction, or rebuilding any portion •of the Amenitles, the damage to or destruction of which cause the payments of insurance benefits under insurance policles maintained by the Assoclation, shall be performed under the supervision of the Board of Directors which, in discharging such supervisory

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responsiblilty, shall be authorized to employ such bullding supervisors and architects as the Board of Directors shall deem to be in the bes! interest of the Assoclation.

Cost of Repairs, Reconstruction, or Rebuilding. The cost of repairing, reconstructing, or rebullding any portion of the common elements which shall be damaged or destroyed shall be paid with any Insurance proceeds which shall be pald to the Assoclation on account on such damage or destruction. If such Insurance proceeds are not sufficient to defray such cost of repair, reconstruction, or rebullding, then the Board of Directors may levy a special assessment against all of the Phases to raise the excess funds necessary to defray such cost.

Article VIlI

General Provision:

Section 1. Easements for the Association. There is hereby created In favor of the Assoclation, its Board of Directors, its members, agents, employees and contractors, an easement to enter upon, enter in, or crose over the Phases and the property of Owners In each phase for the purpose of providing the maintenance required by the Associetion in this Deciaration.

Section 2. Enforcement, The Association shall have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants, reservations, easements, llene and charges now or hereafter imposed by the provisions of this Declaration. Fallure by any person to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter.

Section 3. Duretion, The Provisione of this Declaration shall run with and bind the land and shall be and remain in effect perpetually to the extent permitted by law. Provided, however, so long as Georgia law limits the period during which covenants restricting lande to certain uses may run, any provisions of this Declaration affected thereby shall run and bind the land so long as permitted by such law and such provisions may be renewed or extended In whole or in part beyond the initial perlod permitted by such law for successive perioda not to exceed the period permitted by such law provided such renewai or extension is approved by at least eighty Percent (80%) of the total votes of the Association.

Section 4. Amendment. This Declaration may be amended by written amendment executed by Declarant, or Its successors.

All amendments shall be adopted as follows:

(I) At least sixty-seven (87%) percent of the total votes of the Association shall be necessary to amend this Declaration.

(Il) The proposed amendment may be proposed by either the Owners or Declarant, The Declarant, or the Association, may call a meeting of the Owners to consider such an amendment and shall be required to call such a meeting upon a petition signed by at least twenty-five (25%) percent of the Owners. If a meeting of the Owners is called to consider such an amendment, the time within which and the manner by which notice of such meeting shall be given, the authorized use of proxies, and the quorum required for the transaotion of business at such meeting shall correspond to the requirements for meetings of the Association.

(lI) The consent of the Owners required to approve sald amendments shall be obtained by affirmative vote, written consent, or a combination thereof, A meeting of the

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Owners shall not be required in the event that the requisite approval of the Owners is obtained by written consent. The required consent of Declarent shall be In writing.

No amendment to the provisions of this Declaration shall alter, modify, change or rescind any right, title, Intereet or privilege herein granted or accorded to the holder of any mortgage unless such holder shall consent thereto in writing. The written consent thereto of any mortgage holder affected thereby shall be filled with such amendment, Every purchaser or grantee of any interest in any real property now or hereafter subject to this Declaration, by acceptance of a deed or other conveyance therefor, thereby agrees that this Declaration may be amended as provided in this Section. No amendment shall become effective until filled with the Clerk of the Superlor Court of Clarke County, Georgia,

Section 5. Interpretation, In all cases, the provisions set forth or provided for in this Declaration shall be construed together and given that interpretation or construction which will best effect the intent of the general plan of development. The provisions hereof shall be liberally interpreted and, if necessary, they shall be so extended or enlarged by Implication as to make them fully effective.

Section 6. Gender and Grammar, The singular whenever used herein shall be construed to mean the plural when applicable, and the use of the masculine pronoun shall Include the neuter and feminine.

Section 7. Severability, Whenever possible, each provision of this Declaration shall be Interpreted in such manner as to be effective and valld, but if the application of any provision of this Declaration to any person or to any property shall be prohibited or held invald, such prohibition or Invaldity shall not affect any other provision or the application of any provision which can be given affect without the Invalld provision or application, and to this end the provisions of this Declaration are declared to be severable.

Section 8. Captions. The captions of each Article and Section hereof as to the contents of each Article and Section are inserted only for convenience and are in no way to be construed as defining, lImiting, extanding or otherwise modifying or adding to the

Section 9. Condition of Units, It is in the best interest of all Phases that the units within the Woodlake Project be maintained In good repair and clean condition fitting of a first class residential development in Athans-Clarke County, Georgia. Each phase Is expected to maintain the units within its phase in such a condition.

Section 10. Arbitration. Any Phase may require that any dispute as to the occurrence or existence of a dispute under thie Declaration be aubmitted to arbitration pursuant to this Section. To the extent the provisions of this Section vary from or are Inconsistent with the rules of the American Arbitration Aasoclation or any other arbitration tribunal, the provisions of this Section shall gover. All arbitrations shall occur at a location In the metropolitan Athens; Georgia area, chosen by the arbitrators and shall, except as expressly provided to the contrary in this Section, be conducted pursuant to the commercial arbitration rules of the American Arbitration Assoclation (or the successor organization, or if no such organization exists, then from persons of similar professional

The Phase desiring such arbitration shall give written notice to that effect to the other Phases, As soon as possible, but in any event within the next five (5) business days, each party shall each select one arbitrator, As soon as possible, but in any event, within the next five (5) business days, the two arbitrators so selected shall select a third arbitrator. No arbilrator shall be an employee, officer, director, shareholder or other affillate of either party. In the event of the fallure, refusal or inability of any arbitrator to act, a new arbitrator shall be appointed in his or her stead, which appointment shall be made In the same manner as hereinbefore provided. At the request of either party, the arbitrators shall

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authorize the service of subpoenas for the production of documents or attendance of witnesses.

Within thirty (30) business days after their appointment, the arbitrators so chosen shall hold a hearing at which each party may submit evidence, be heard and cross-examine witnesses, with each party having at least five (5) business days advance notice of the hearing. The hearing shall be conducted such that each party shall have reasonably adequate time to present oral evidence or argument, but either party may present whatever written evidence it deems appropriate prior to the hearing (with copies of any such written evidence being sent to the other party).

The decision of the arbitrators so chosen shall be given within a period of twenty (20) busineas days after the conclusion of such hearing, and shall be accompanled by conclusions of law and findings of fact. The declaion in which any two arbitrators so appointed and acting hereunder concur shall in all cases be binding and conclusive upon the partles and shall be the basis for a judgment entered In any court of competent jurisdiction.

The fees and expenses of the arbitration proceeding and the fees of the third arbitrator appointed under this Section shall be borne equally by both partles. Each party each shall pay the fees of the arbitrator each selected, and the fees and expenses of preparing and presenting its own case. The parties may at any time by mutual written agreement discontinue arbitration proceedings and themselves agree upon any such matter submitted to arbitration.

If the decision of the arbitrators under this Section shall be held by a court of competent Juriediction to be unenforceable for any reason (the parties hereby affirmatively stating it is their intent and agreement that the decision of the arbitrators will be legally enforceable as to them and that they will not dispute, contest or appeal such a decision or encourage or participate in the same), then the matters submitted to arbitration shall be subject to litigation in any federal or state court of competent jurisdiction, the parties each hereby expressly waiving its right to a trial by jury in any such court proceeding;

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[SIGNATURES ON FOLLOWING PAGES]

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Instrument under seal this day of - Sur the undersigned have executed this

— 200g;

WOOD LAKE CONDOMINIUM ASSOCIATION, INC. on any Certaten

(Corp Seal)

Signed, sealed and

eubered in the presence of:

La..

WHtness

Notary Publlo

LAUREL E, BRIDGES WOOD LAKE - PHASE TWO CONDOMINIUM Notary Pubilc, State of George ASSOCIATION, INC.

County of Madison Karen E tullin y Commission Pon numy 16, 201

Atfest: Datinia le Were

Signed, sealed and

delivered in the presence of:

Witnees PUSSE

Auran E, Robraits

Notary Public

Signed, sealed and

delivered in the presence of:

Kristake BARA J. MER Witness

Sales her e Notary Publi NOTARL

PUBLIC

BL 03419 Pg 0113

N WITNESS WHEREOF, the undersigned have executed thi strument under seal this 24L day of Jun

WOOD LAKE CONDOMINIUM ASSOCIATION, INC.

Attest: _

(Corp Seal)

Signed, sealed and

se berg in the presence of:

Witness

Notary Public

**** WOOD LAKE - PHASE TWO CONDOMINIUM LAUREL E, BRIDGES ASSOCIATION, INC.

Notary Pubilo, State of Deorgie

County of Madison or. aren 2 Hellin

Attest: Deline A Wee

Signed, sealed and

delivered in the presence of:

Lathaya Yr Cornack

Witness

Susan E, Bolverts

Notary Public GNS-C

WOOD LAKE DEVELOPMENT, LLC

Tile:

Signed, sealed and

delivered in the presence of:

Witness ABARA J

Balan luffe NOTARL Notary Publ

PUBLIC

SARKE COUNTA

BL 03419 PE 0114

Name:

Title:

Signed, sealed and

delivered in the presence of:

Kus Drake NOTARY

Witness PUBLIC

Sauter Mertzlufft THAN 17, 2010

OWNERS ASSOCIATION, NO.

Seen Kkut Attest: _

(Corp Seal)

delivered in the present. MC/CAL Signed, sealed and

Amy dutie:

Witao se

0%

Notary Public

Attest: Defakuraban

(Corp. Seal)

Signed, sealed and

delivered in the presence of: LOVERN

Witness

STARL

PUB

SECO

BL 03419 Pg 0115 WESTOVER APARTMENTS, L.P.

Title:

Signed, sealed and

delvered in the j

Nu cole Geiofeld

Orgelking

NOTASK WOODLAKE PHASE VII CONDOMINIUM

.o1s

IŞPUnLIC

SarY enc Attest: _

(Corp Seal)

Signed, sealed and

ed in the presence of:

al aegod

Natary Public

Mert Heather Atjood

Nolary Pubttc

Athens-Clarke County Georgia

B: 03419 PE 0116

H. PACE BURT. JA. _ (Seal) Signed, sealed and

delivered in the presence or:

Lilole Feisted

Witness

NOTE likes

H. PACE BURT, INC

Affest:

(Corp Seal)

Signed, sealed and

delivered in the presence of:

cal distied

Witnosa

(230mdladbottes

Control No. 07086982 STATE OF GEORGIA

Secretary of State

Corporations Division

315 West Tower

#2 Martin Luther King, Jr. Dr.

Atlanta, Georgia 30334-1530

CERTIFICATE

OF

INCORPORATION

I, Karen CHandel, the Secretary of State and the Corporations Commissioner of the State of Georgia, hereby certify under the seal of my office that

WOODLAKE MASTER ASSOCIATION, INC.

a Domestie Non-Profit Corporation ... has been duly incorporated under the laws of the State of Georgia on 09/18/2007 by the

filing of articles of incorporation in the Office of the Secretary of State and by the

paying of fees as provided by Title 14 of the Official Code of Georgia Annotated.

the State of Georgia on September 18, 2007 WITNESS my hand and official seal in the City of Atlanta and

Haun CHandel

Karen C Handel

Secretary of State

OFFICE OF SECRETARY OF STATE

CORPORATIONS DIVISION

315 West Tower, #2 Martin Luther King, Jr. Drive Atlanta, Georgia 30334-1530

Registered agent, officer, entity status Information via the Internet (404) 856-2817

KAREN HANDEL http://www.georgiacorporations.org

Secretary of State

TRANSMITTAL INFORMATION

GEORGIA PROFIT OR NONPROFIT CORPORATIONS

IMPORTANT

Remember to include your e-mail address when completing this transmittal form. Providing your e-mail address allows us to notify you via e-mail when we receive your filing and when we take action on your filing. Please enter your e-mail address on the line below. Thank you.

E-Mail: tb@bbgbalaw.com

NOTICE TO APPLICANT: PRINT PLAINLY OR TYPE REMAINDER OF THIS FORM

Corporate Name Reservation Number (if one has been obtained; if articles are being filed without prior reservation, leave this line blank) Woodlake Master Association, Inc.

Corporate Name (List exactly as it appears in articles)

2. Alvin L. Bridges, III

Name of person filing articies (certificate will be malled to this person, at addres below) Telephone Number p.o. box 832

Address

Athens, Georgia 30603

City State Zip Code 3.

Mail or deliver the following items to the Secretary of State, at the above address:

This Iransmittal form

3) Original and one copy of the Articles of Incorporation Filing fee of $100.00 payable to Secretary of State. Filing fees are NON-refundable.

1 certify that a Notice of Incorporation or Notice of Intent to Incorporate with a publication fee of $40.00 has been or will be mailed or delivered to the official organ of the county where the initial registered office of the corporation is to be located. (List of legal organs is posted at web site; or, the Clerk of Superior Court can advise you of the official organ in a particular county.)

Authorized signature of person filing documents Date

Request certificates and obtain entity Information via the Internet: http://www.georglacorporations.org

Date Filed: 09/18/2007 12:30 PM Control No: 07086982 •Secretary of State Karen C Handel

STATE OF GEORGIA

ARTICLES OF INCORPORATION

OF

WOODLAKE MASTER ASSOCIATION, INC.

1.

The name of the corporation is "WOODLAKE MASTER ASSOCIATION, INC." and is hereinafter referred to as the "Association".

2.

The Association is organized and is incorporated pursuant to the provisions of the Georgia Non-Profit Corporation Code.

3.

The Association shall have perpetual duration.

The Association shall have members.

5.

The Association is not organized for and shall not be operated for, pecuniary gain or profit, and no part of the net earnings of the Association shall inure to the benefit of any unit owner, member, director, officer, or private individual (except that reasonable compensation may be paid for services rendered to or for the Association affecting one or more of the Assoclation's purposes). The Association shall never engage in propaganda, shall never attempt to influence legislation, and shall never participate in any political campaign on behalf of any candidate for public office, nor shall any part of any property

owned by the Association or any part of the income therefrom be devoted to such purposes.

The purposes for which the Association is organized are to maintain and administer common amenities of the Woodlake development in Athens-Clarke County, Georgia and is organized pursuant to the Declaration of Woodlake Master Association to be recorded in the deed records of Athens-Clarke County, Georgia (the "Declaration"). In order to carry out such purpose, the Association shall have all the powers set forth in the Declaration, he Co inced s -Georgia Non-Profit Corporation Code, and in the Condominium Act as being exercisable by > weal a corporation formed for the purpose of exercising the powers of an association of any condominium created pursuant to the Condominium Act.

6.

The legal entity or owner of each phase in the Woodlake development in AthensClarke County, Georgia shall automatically be a member of the Association, which membership shall continue during the period of such ownership.

7.

The directors shall be elected in the manner set forth in the by-laws of the Association.

The initial registered office of the Association shall be at 263 Woodlake Drive, Athens, Georgia 30606. The initial registered agent of the Association shall be William F. Prokasy.

9.

The initial Board of Directors of the Association shall number seven (7) with each phase in the Woodlake development being represented by a single member, and the name each person who is to serve as a director thereof is as follows:

Phase 1: Samuel Carleton

Phase 2: Warren Phillips

Phase 3: Pace Burt -

Phase 4 Mickey Dillard - (contristst)

Phase 5 Fran Scheib interest

Phase 6 Dan Tokos

Phase 7: Pace Burt -

10.

The name and address of the incorporator is:

Michael A. Morris, Esq.

440 College Avenue North

Athens, Georgia 30601

IN WITNESS WHEREOF, the undersigned has executed these Articles of Incorporation.

Michael A. Morris, Esq., Incorporator

MICHAEL A. MORRIS

BLASINGAME, BURCH, GARRARD, BRYANT & ASHLEY, P.C.

440 College Avenue North

ATHENS, GEORGIA 30601

(706) 354-4000

Michael A. Morris, Esq. Blasingame, Burch, Garrard, Bryant & Ashley, P.C. This Document was prepared by and should be relumed to:

Athens, Georgia 30603 Post Office Box 832

(706) 354-4000

DECLARATION OF CONDOMINIUM

OF

CONDOMINIUMS AT WOODLAKE, PHASE FIVE a condominium in Athens-Clarke County, Georgia

described and the improvements thereon to the condominium form of ownership under the THIS DECLARATION is made, executed and recorded to submit the property hereinafter Georgia Condominium Act.

described as "Property" on Exhibit "A" hereto attached and made a part hereof by reference, 1. SUBMISSION. WOODLAKE DEVELOPMENT, L.L.C., as the owner of the property does hereby submit such property and the improvements constructed thereon pursuant to the provisions of the Georgia Condominium Act, Act 463, Georgia Laws 1975, p. 609 as amended Superior Court of Athens-Clarke County, Georgia, such property and all of the improvements (the "Act"). From and after the date that this Declaration is recorded with the Clerk of the constructed thereon, shall be owned, held, transferred, sold, conveyed, used, occupied, mortgaged or otherwise encumbered subject to the terms and provisions of this Declaration and of the Act.

shall have the same meanings for purposes of this Declaration as are ascribed to them by the 2. DEFINITIONS. Unless the context requires otherwise the terms defined in the Act Act. In addition, as used in this Declaration, the Articles of Incorporation, the Bylaws and the other condominium instruments, the following terms shall have the meanings indicated hereinbelow, all of such definitions being cumulative of those contained elsewhere in this Declaration. same is or may be hereinafter amended. (a) "Act" shall mean the Georgia Condominium Act, Georgia Laws 1975, p. 609, as the as the same may be hereinafter amended. (b) "Articles of Incorporation" shall mean the Articles of Incorporation of the Association,

Association, Inc., a Georgia non-profit membership corporation formed for the purpose of (c) "Association" shall mean Condominiums at Woodlake, Phase Five Owners Bylaws, and the Act. exercising the powers of the Association under this Declaration, the Articles of Incorporation, the members of which shall be appointed and elected from time to time as provided in this (d) "Board of Directors" shall mean the Board of Directors of the Association, the be the governing body of the Association. Declaration, the Articles of Incorporation, the Bylaws, and the Act. The Board of Directors shall amended. (e) "Bylaws" shall mean the ByLaws of the Association, as the same may be hereafter on a unit and its undivided interest in the common elements which gives to the holder thereof (f) "First Lien Mortgage" shall mean a mortgage, a deed to secure debt or deed of trust a first and superior lien and security title on and to such unit and undivided interest. described in Exhibit "A" hereto attached and by reference incorporated herein. (g) "The Property" means those tracts or parcels of land and all improvements thereon (h) "Declarant" shall mean Woodlake Development, L.L.C., its successors and assigns. 3. NAME. The name of the Condominium is "Condominiums at Woodlake, Phase Five". 4. COUNTY. The Condominium is located in Athens-Clarke County, Georgia. a total of 20 units, each including a certain parcel of land and the unit located thereon. The plat 5. DEVELOPMENT PLAN. The development plan for the condominium shall consist of recorded at Condominium Plat Book _ page_ _, Athens-Clarke County, Georgia Records, boundaries of each completed unit, the locations and dimensions of all completed structural shows the location and dimensions of the property, the locations and dimensions of the vertical improvements located on the property, to the extent feasible, the location of units "not yet begun", the location of easements to which the Property is subject, the identifying numbers of elements appurtenant to each unit. The units on the Property will be constructed substantially the units located on the Property and the location and dimension of any limited common in accordance with the survey and the plans which have been filed simultaneously with the filing of this Declaration in the Office of the Clerk of Superior Court of Athens-Clarke County, Georgia. for all purposes constitute a separate parcel of real property, which may be owned, held, 6. UNITS. Each unit, together with its undivided interest in the common elements shall manner as any other parcel of real property, subject to the provisions of this Declaration and the transferred, sold, conveyed, used, occupied, mortgaged, or otherwise encumbered in the same Act. Each unit owner shall be entitled to the exclusive ownership and possession of the unit or

include all of the space and improvements within the boundaries thereof. units owned by him, subject to the provisions of this Declaration and the Act. Each unit shall horizontal boundary of any unit shall be the unfinished undersurface of the horizontal roof line. (a) Boundaries. All units shall have no lower horizontal boundaries. The upper walls of such unit. If applicable, all of the aforesaid boundaries shall be extended to the The vertical (lateral) boundary of each unit shall be the exterior unfinished surface of the outside intersections with each other. Notwithstanding the foregoing, all exterior doors and glass surfaces, such as windows, serving each unit shali be deemed to be included within the furnaces, compressors, conduits, wires, pipes, and the like) serving a single unit shall be boundaries hereof; and all portions of the heating and air conditioning systems (including located within the boundaries above described. deemed to be included within the boundaries of that unit, irrespective of whether the same are units may be relocated from time to time, such relocation to be made in accordance with Section (b) Relocation of Boundaries Between Units. The boundaries between adjoining 27 of the Act.

of the common elements which are reserved for the exclusive use of those persons who are 7. LIMITED COMMON ELEMENTS. The limited common elements are those portions common elements shall be assigned as follows: entitled to the use of the units to which such limited common elements are assigned. The limited ramps, decks, porches, any portion of the heating and air conditioning system serving a (a) All portions of the common elements on which there is located any steps,. as exclusive to a unit pursuant to Article 14(c) herein shall be limited common elements, particular unit or units or sidewalks immediately adjacent to a unit or parking spaces designated is or are served by such heating and air conditioning systems, entrance area, or parking area. reserved for the exclusive use of those persons who are entitled to use the unit or units which located on the Property may be subsequently assigned as a limited common element. 8. ADDITIONAL LIMITED COMMON ELEMENTS. No portion of the common elements shall be allocated an equal undivided interest in the common elements. 9. ALLOCATION OF UNDIVIDED INTEREST IN THE COMMON ELEMENTS. Each unit allocated an equal vote in the Association. 10. ALLOCATION OF VOTES IN THE ASSOCIATION. Each unit owner shall be allocated an equal share of the liability for common expenses. 11. ALLOCATION OF LIABILITY FOR COMMON EXPENSES. Each unit shall be the Association and the Board of Directors shall be as set forth, and shall be subject to the 12. POWERS OF THE ASSOCIATION AND BOARD OF DIRECTORS. The powers of

limitations and restrictions set forth in the Act, the Georgia Nonprofit Corporation Act, this Declaration, the Articles of Incorporation and the Bylaws of the Assoclation.

13. PREPARER OF DECLARATION. The name and address of the atlorney who P.C., P.O. Box 832, Athens, Georgia 30603. prepared this Declaration is Michael A. Morris of Blasingame, Burch, Garrard, Bryant & Ashley,

14. RESTRICTIONS. For the purpose of assuring the maximum enjoyment of the accordance with the following provisions: Property by all of the owners and occupants thereof, the use of the Property shall be only in unit or any limited common element, or any portion thereof, shall at any time be used for any (a) Residential Use. All units shall be restricted exclusively to residential use. No commercial, business or professional purpose; provided that the Declarant may conduct sales and promotional activitles on the Property with respect to units owned by it and may maintain be construed as prohibiting the use of units for rental purposes. The common elements shall such units as model units; and provided further, that nothing contained in this Declaration shall be used exclusively for the recreational and service purposes for which they are intended. by the respective unit owners or their lessees in the respective units. Whether a pet meets such (b) Pets. Small dogs, cats, or other small domestic household pets may be kept standards shall be in the reasonably exercised discretion of the Board of Directors. Animals or pets not meeting such standards or causing a nuisance must be promptly removed from the Property by a unit owner or a lessee of a unit upon being instructed to do so by the Board of Directors. Every unit owner and lessee shall be liable to the Association for a fine of $25.00 per day for each and every day such unit owner or lessee shall fall to so remove his pet or animal after being instructed to do so by the Board of Directors.

(c) Parking. Only a passenger automobile or a pick-up truck or a motorcycle in operating condition with a then current effective liability insurance, license tag and operating sticker may be parked upon or in designated automobile parking areas and spaces. The Board of Directors may cause property stored or parked in violation of the provisions of this Paragraph (c) to be removed at the expense of the unit owner who parked or stored the same or whose lessee, invitee, or lessee's invitee parked or stored the same, or at the expense of the unit owner on whose behalf of the same is parked or stored, or who caused or permitted such parking or storage. The cost of removal and further storage shall be assessed against the unit owner liable for such cost hereunder. Provided, however, that Declarant and its agents may park such trucks, vehicles or equipment in the parking area or common elements as are necessary to complete construction or provide maintenance to any unit, common element or limited common parked only in parking areas set aside by the Board of Directors for such purposes. These element. Boats, trailers, trucks, mini-bikes, recreational vehicles or non-automobiles may be restrictions on recrealional vehicles or non-automobiles may be enforced by removal and fee for such removal and slorage. storage in the same manner as stated above, including the right of the Association to charge a

appertaining to units. In assigning designated spaces the Board of Directors will give The Board of Directors may assign designated exclusive parking spaces parking spaces not specifically assigned to a unit by the Board of Directors shall be considered consideration to the location of the unit in respect to the location of the designated spaces. All assigning exclusive parking spaces to additional units created pursuant to this Declaration. general parking areas. Nothing contained herein shall prohibit the Board of Directors from any part of the Property. Motorcycles (including motor bikes or minibikes), motor scooters, and (d) Motorcycles, Motorscooters, Go-Carts. Go-Carts are prohibited from use on similar vehicles may be used only on the streets and the paved common elements, and then only for transportation to a unit and to leave the Property, and not for recreation in itself or for joy riding.

permitted to accumulate upon any portion of the Property so as to render any portion thereof (e) Nuisances. No rubbish or debris of any kind shall be dumped, placed, or unsanitary, unsightly, offensive or detrimental to the owners or occupants of any units. No nuisance shall be permitted to exist or operate upon any portion of the Property. Without limiting the generality of any of the foregoing, no exterior speakers, horns, whistles, or other sound devices, except security devices used exclusively for security purposes, shall be located, used or placed on the Property, or any portion thereof.

lessee, or his sublessee, to comply with all of the restrictions set forth in this Article 14, and such (f) Compliance by Unit Owners and Lessees. Each unit owner shall cause his amended from time to time by the Board of Directors pursuant to Article 23 of this Declaration, other reasonable rules and regulations concerning the use of the Property as may be made and violation of such restrictions, rules and regulations. All agreements by which a unit is leased notwithstanding the fact that such lessee or said lessee's sublessee are fully liable for any provisions of the Declaration and the Bylaws; and that any failure by the lessee to comply with shall provide that the terms of such lease shall be subject in all respects to all of the terms and the terms of such documents shall be a default under such lease agreements. and restrictions of this Declaration and subject to any part of the rules and regulations governing (g) Leasing of Units. Units may be leased by unit owners subject to the covenants leasing established by the Board of Directors. Any lease agreement shall be required to provide that the lessee, sublessee, his invitees, employees and guests comply with the terms of the comply with the terms of such documents shall be a default under the lease. All leases shall be Declaration and that any failure by the lessee, sublessee, his invitees, employees or guest to the leasing of units established by the Board of Directors shall not apply to any lease or leases required to be in writing. This Article 14(g) and any part of the rules and regulations relating to which may be entered into by the Declarant; provided, however, the occupancy of any unit by any lessee of the Declarant shall be otherwise subject to the provisions of this Declaration. become the fee simple owner of such unit through foreclosure or any other means pursuant to (h) Sale by Mortgagee. Should the holder of a first lien mortgage on any unit the satisfaction (in whole or in part) of the indebtedness secured by such mortgage or desire to

lease or disposition of any interest in the unit by such mortgagee pursuant to the satisfaction (in sell under the power of sale contained in its mortgage, the sale of such fee simple interest or any the restrictions contained in this Article 14; provided, however, that the purchaser or lessee of whole or in part) of the indebtedness secured thereby may be accomplished without regard to such unit from such mortgagee shall take title to such unit subject to all of the provisions of this Article 14, this Declaration and the Act. or any interest therein without the approval of the Board of Directors, except to the person from (i) Mortgaging of Units. No owner other than the Declarant may mortgage a unit whom such unit was purchased or to a bank, an insurance company, a federal savings and loan association, or a corporation or partnership acting as a mortgage broker whose primary interest in making any such mortgage is the placement and servicing of same with and on behalf of one of such lending institutions. The existence of a "permanent commitment" from any lending institution to purchase any such mortgage from such mortgage broker shall be conclusive evidence of such mortgage broker's intent to place any such mortgage with one of the such other lending institutions whether or not such commitment is ultimately fulfilled. The approval of any mortgagee as provided for above may be upon conditions determined by the Board of Directors but may not be arbitrarily withheld.

unit, or upon any limited common element or common element. Each unit owner, his family, (i) Prohibited Activities. No noxious or offensive activity shall be carried on in any lessees, invitees and guests, shall refrain from any act or use of his unit or limited common elements or common elements, which could reasonably cause embarrassment, discomfort, annoyance or nuisance to any other resident or residents of the Property.

be in accordance with the following terms and conditions: 15. REPAIR AND MAINTENANCE. The repair and maintenance of the Property shall renovation, restoration, and replacement of all portions of his unit, including, without limitation, (a) Units. Each unit owner shall be responsible for the maintenance, repair, the heating, air conditioning and interior electrical and plumbing systems and the exterior doors and glass surfaces. All such maintenance, repair, renovation, restoration and replacement work the owners or tenants of the other units as is reasonably possible. shall be performed by each unit owner in such a manner so as to cause as little disturbance to maintenance, repair, renovation, restoration and replacement of all of the limited common (b) Limited Common Elements. Each unit owner shall be responsible for the elements assigned to his unit. All such maintenance, repair, renovation, restoration and to cause as little disturbance to the occupants or tenants of the other units as is reasonably replacement work to be performed by the owner thereof shall be done in such a manner so as possible.

repair, renovation, restoration and replacement of the common elements, except for the limited (c) Common Elements. The Association shall be responsible for the maintenance,

15(b) above. In performing such responsibility, the Association shall do the following: common elements for which the unit owners shall be responsible, as provided by Paragraph

1. Provide maintenance and repair of driveways and parking areas. serving the units (except for those forming a part of the heating and air conditioning and interior 2. Repair, replace and maintain all utility lines, pipes, wires and conduits electrical and plumbing systems, for which the individual owners shall be responsible).

3. Provide maintenance of the common areas including landscaping. 4. Pay common area taxes and utilities.

appearance of his unit, or of any other portion of the Property, including any of the limited (d) Prohibited Changes. No unit owner shall paint or otherwise change the exterior of Directors. Additionally, the design, type, location, size, intensity and color or all exterior lights common areas assigned to his unit, without having first obtained the written consent of the Board (including both those mounted as part of the original design of the Property and those mounted with the consent of the Board of Directors) shall be subject to the control of the Board of • limited common elements without the prior written approval of the size, shape, color, design and Directors. No signs shall be placed on the exterior of any unit or on any common elements or materials by the Board of Directors.

shall determine that the need for maintenance or repairs by the Association as provided in . (e) Maintenance Required by Unit Owners. In the event the Board of Directors or their sublessees, assignees, guests or invitees, and not paid for insurance, the cost of Paragraph 15(c) above is caused through the willful or negligent act of a unit owner, his lessee, to which such unit owner is subject. performing such maintenance or repair shall be added to and become a part of the assessments Declaration in Condominium Plat Book _ page _ 16. PLAT AND PLANS. The survey of the Property is being filed simultaneously with this and said survey is by reference incorporated herein. _, Athens-Clarke County, Georgia Records, to the requirements set forth for the same in the Act, are being filed simultaneously with this Plans of every building which contains a unit located on the Property, conforming same being File No. Declaration in the Office of the Clerk of Superior Court of Athens-Clarke County, Georgia, the Declaration and the Act. Other plats may be filed in order to comply with Articles Five and Six of this Declaration, or in the Articles of Incorporation or Bylaws, which may be construed to the 17. CONTROL BY DECLARANT. Notwithstanding anything contained elsewhere in this

contrary, the Declarant shall be authorized to appoint and remove any member or members of the Board of Directors and officer or officers of the Association. The Declarant's authority to so appoint and remove members of the Board of Directors and officers of the Association shall expire upon the first of the following to occur:

(a) The expiration of five (5) years after the date of recording of this Declaration; interests in the common elements appertained shall have been conveyed by the Declarant to (b) The date as of which Units to which three-fourths (3/4) of the undivided Unit Owners other than the Declarant;

members of the Board of Directors and officers of the Association by an express amendment (c) The surrender by the Declarant of the authority to appoint and remove to this Declarant executed and recorded by the Declarant.

18. ASSESSMENTS. Assessments against the unit owners shall be made to raise funds to pay the Declarant for all costs and expenses associated with the construction of the swimming shall be governed by the following provisions: pool and the deck on the Property and to pay all other common expenses of the Property, and lawfully assessed by the Association against him or his unit or units in accordance with the terms (a) Liability. Each unit owner shall be liable to the Association for all sums as are and provisions of this Declaration and the Articles of Incorporation and Bylaws. In addition to such liability by an action at law to recover all amounts assessed against each unit owner in exercising the remedies provided for in Paragraph 18(g) below, the Association may enforce accordance with the provisions of this Article 18.

(b) Purpose. Assessments shall be levied against the unit owners and the units to defray the common expenses of the Property. The common expenses of the Property shall be all of the expenditures which are made or incurred by or on behalf of the Association in connection with the exercise of its powers and responsibilities, and shall include the following:

(i) Management fee, if any, and expenses of administration of the Property; but not limited to water and sewerage; (il) common utility bills and charges for other common services, including

(ili) premiums for all insurance policies maintained by the Association; restoration and replacement work which is the responsibility of the Association under Article 15 (iv) the expenses of performing the maintenance, repair, renovation, hereof;

by the Board of Directors to be common expenses; and (v) such other costs and expenses as may be determined from time to time

be maintained by the Association under Paragraph 18(c) below, and such other reserve funds (vi) the creation and maintenance of such reserve funds as are required to as the Board of Directors shall determine, including but not limited to a reserve for repairs and maintenance.

Budget, Payment Dates. No less than thirty (30) days prior to the commencement of each fiscal year of the Association, the Board of Directors shall adopt a budget for the succeeding fiscal year, which budget (i) shall estimate the amount of common expenses which are anticipated to be incurred during such year, and (ii) shall make provision for an adequate reserve fund for maintenance, repair and replacement of those portions of the common elements that must be replaced on a periodic bașis. Prior to the commencement of such fiscal year, the Board of Directors shall furnish a copy of such budget to each unit owner, together with a written statement of the amount of such common expenses which shall be assessed against such unit owner for such fiscal year. Unless otherwise determined by the Board of Directors, such assessment shall be due on January 1 of each year. The Board of Directors shall be authorized to prorate the annual assessment into twelve monthly or four quarterly installments. In addition, any fees, charges, and other amounts payable by any unit owner to the Association shall be added to and shall, unless paid at the time the same are incurred or at some other time determined by the Board of Directors, be due and payable as part of the installment of the assessment next coming due. owner's assessments, an annual budget adopted by the Board of Directors for any fiscal year (d) Special Assessments. If for any reason, including nonpayment of any unit proves inadequate to defray the common expenses for such fiscal year, the Board of Directors may, at any time, levy a special assessment to raise the additional funds necessary to defray such common expenses, which special assessment shall be due and payable at such time and in such installments as the Board of Directors shall determine. Additionally, the Board of Directors shall be authorized to levy special assessments under the circumstances described in Paragraph 22(e) of this Declaration.

(e) Equal Assessment. Except as provided for differently in Paragraph 15(e) of. • this Declaration, no expenses associated with the maintenance, repair, renovation, restoration, units to which such limited common element is assigned. or replacement of any limited common element shall be specially assessed against the unit or

(f) Special Assessments for Capital Improvements. In addition to the assessments which shall be levied against the unit owners under Paragraphs 18(b) and (d) above, the Board fourths (3/4ths) of the undivided interest in the common elements is allocated, to levy a special of Directors shall be authorized, upon the affirmative vote the owners of the units to which threeassessment for the purpose of defraying, in whole or in part, the costs of any capital improvements to be made upon the common elements, or for the costs of making repairs or replacements which are not provided for in then current budget of the Association. Any such in such installments as the Board of Directors shall determine. special assessments for the capital improvements and repairs shall be payable at such time and

(g) Collection. In addition to all other remedies provided by law, the Association may enforce collection of the assessments for which a unit owner is liable, together with all other amounts as may be owed by such unit owner to the Association, as hereinafter provided. assessment levied against him within ten (10) days after such installment shall be due and (i) In the event that any unit owner shall fail to pay any installment of any payable and within 5 days after written notice is mailed to the unit owner, the entire unpaid balance of such assessment for the remainder of the fiscal year may, at the option of the Board to such unit owner. of Directors, be accelerated and be declared immediately due and payable in full, without notice

(il) In the event that any unit owner shall fail to pay within five (5) days after the same shall be due, any amounts due and payable to the Association, such unit owner shall be liable for the payment of, and shall pay, in addition to the amounts so due the Association: percent of the amount so due, whichever is the greater; (a) A late charge equal to the Ten ($10.00) Dollars or ten (10%)

(b) interest on the amount so due, and the aforesaid late charge percent per annum, until paid; appertaining thereto, from the date same were due and payable, at the rate of twelve (12%)

(c) the cost of collection, including court costs, the expenses of sale, fees actually incurred; and any expenses required for the protection and preservation of the unit, and reasonable attorney's

(d) in the event the Association shall seek to foreclose its lien on the unit of such owner, the fair rental value of the unit from the time of the institution of suit until sale of the unit at foreclosure (or until the judgment rendered in such suit is otherwise satisfied).

(iii) The lien for assessments in favor of the Association provided by Section 41 of the Act shall include all sums as may become payable by a unit owner to the Association pursuant to Paragraph 18(g)(i) and (g)(ii) above.

(iv) The rights of a unit owner and all persons entitled to occupy the unit of such owner, to use the common elements shall be suspended for the period of time any amount due and owing to the Association in regard to any unit owned by such owner shall remain unpaid; provided, however, that no such suspension shall deny any unit owner, or the occupants of any unit, access to the unit owned or occupied, nor cause any hazardous or unsanitary condition to exist.

(h) Fee for Statements of Amounts Due. The Association may require the statement pursuant to Section 41(d) of the Act. payment of a fee, not to exceed Ten ($10.00) Dollars, as a prerequisite to its issuance of any

(i) Reserves and Working Capital. The Association shall establish an adequate reserve fund for the periodic maintenance, repair or replacement of the common elements, which fund shall be maintained out of regular assessments for common expenses. The Declarant shall establish a working capital fund for the initial months of the operations of the Condominium which shall equal at least two (2) months estimated common area charges for each Unit in the Condominium

19. COMMON PROFITS. Any surplus remaining after the application of the common profits to the payment of the common expenses and to any reserves established in accordance with this Declaration shall be either distributed to, or credited against the next assessments chargeable to the unit owners, as the Board of Directors shall determine.

20. COMPLIANCE WITH CONDOMINIUM INSTRUMENTS. Every unit owner and all of those persons entitled to occupy a unit shall comply with all of the provisions of this Declaration, the Articles of Incorporation, the Bylaws, and all rules and regulations which shall be adopted by the Board of Directors in regard to the Property. In the event of any breach or violation of any such provisions, the Association shall have the right to proceed at law or in equity to compel compliance therewith. In the event any unit owner shall permit or suffer to exist any condition in his unit or in the limited common elements assigned to his unit which is in violation of any of the foregoing provisiors, the Association shall have the right to enter upon such unit or limited common element and remove the thing or condition causing such violation, and the unit owner who permitted or caused such violation to exist shall be fully liable to the Association for all costs and expenses it shall incur in connection therewith. All such costs and expenses shall be paid to the Association promptly upon demand. In no event shall the Association or its agents have any liability for so entering upon any portion of the Property and removing such thing or condition. In the event the Association shall employ legal counsel to enforce any of the foregoing, the unit owner permitting or suffering such condition to exist shall pay all reasonable attorneys fees so incurred by the Association.

In addition to the foregoing remedies of the Association, the Board of Directors shall have the power to impose and assess fines against any unit owner who permits or suffers any condition to exist in violation of any of the foregoing provisions. All such fines shall be in an amount determined by the Board of Directors; provided, however, that no such fine shall exceed the sum of $25.00 for any one violation, but each day a violation is continued or repeated after the Board of Directors shall give the unit owner responsible for violation a written notice of the same shall be considered a separate violation. No delay, failure or admission on the part of the Association in exercising any right, power or remedy herein provided shall be deemed a waiver of the right to do so thereafter as to the same violation or breach, or as to a violation or breach occurring prior or subsequent thereto, and shall not bar or affect its enforcement. In no event shall the Board of Directors, or any of its agents, be liable to anyone whomsoever on account of any failure to bring any action on account of any violation or breach by any unit owner of any of the foregoing provisions. Nothing contained herein shall prevent any aggrieved unit owner from having any right of action under Georgia law against any other unit owners for failure to

comply with the provisions of this Declaration, the Articles of Incorporation, the By-Laws and all rules and regulations adopted by the Board of Directors in regards to the Property.

21. INSURANCE Insurance (other than title insurance) which shall be obtained by the Association shall be governed by the following provisions:

(a) Types of Insurance. The Association shall obtain and maintain the following insurance policies:

(i) A multi-peril casualty insurance policy covering the entire Property, providing as a minimum for and extended coverage, vandalism and malicious mischief on a replacement cost basis in an amount not less than 100% of the full replacement cost of all structures within the Condominium. The name of the insured under such casualty insurance policy shall be stated as follows: "Condominiums at Woodlake, Phase Five Owners Association, Inc. for use and benefit of individual unit owners of the Condominiums at Woodlake, Phase Five, Athens-Clarke County, Georgiai. The amount of coverage of such casualty insurance shall be readjusted by reappraisal or revaluation of the insured property not less frequently than once every two years. Such casualty insurance policy shall contain the standard mortgagee clause which shall be endorsed to provide that any proceeds shall be paid to the Association for the use and benefit of mortgagees as their interests may appear. Any fixtures, equipment or other property within the units which are to be financed by a first lien mortgage to be purchased by FNMA or FHLMC (regardless of whether or not such property is a part of the common elements) must be covered under such multi-peril casualty insurance policy and must include an "Agreed Among Endorsement" and, if available, an "Inflation Guard Endorsement."

(il) A comprehensive policy of public liability insurance covering all of the common elements. Such liability insurance policy shall contain a "severability of interest" endorsement which shall preclude the insurer from denying the claim of a unit owner because of the negligent acts of the Association or other unit owners. Such liability insurance policy shall cover the Association, the Board of Directors, the officers of the Association, all agents and employees of the Association, and all unit owners and other persons entitled to occupy any unit or other portion of the Property, shall be for at least $500,000.00 for injury including death to a single person, $1,000,000.00 for injury or injuries, including death, arising out of a single occurrence and $50,000.00 for property damage, with a cross liability endorsement to cover the unit owners as a group and shall include protection for damage to the property of others.

(ill) A policy of fidelity coverage against dishonest acts on the part of the members of the Board of Directors, the manager of the Condominium, and any employees or volunteers of the Association responsible for handling funds belonging to or administered by the Association. Said policy of fidelity coverage insurance shall name the Association as the named insured and shall be written in an amount which shall in no event be less than one and one half times the Association's estimated annual common expenses and reserves.

(iv) Such other insurance policies as the Board of Directors shall deem desirable for the benefit of the Association, its Officers and Directors or the unit owners.

(b) Minimum Qualifications of Insurance Carriers. Each policy of insurance which the Association is required to maintain under the provisions of Paragraph 21(a) shall be written by a hazard insurance carrier which has a financial rating by Best's Insurance Reports of Class A:VI or better and which is licensed to transact business within the State of Georgia.

(c) Minimum Qualifications of Insurance Policies. All policies of insurance which the Association is required to maintain under the provisions of Paragraph 21(a) shall (a) not allow contributions or assessments to be made against the owner of any unit, or the holder of any mortgage upon any unit, (b) not allow loss payments to be contingent upon any action by the insurance carrier's board of directors, policyholders, or members, (c) not include any limiting clauses (other than insurance conditions) which could prevent any unit owner or the holder of any mortgage upon any unit from collecting insurance proceeds, and (d) contain or have attached a mortgage clause which provides that the insurance carrier shall notify in writing all holders of first lien mortgages on any of the units at least ten (10) days in advance of the effective date of any reduction in, cancellation, or nonrenewal of such policies.

(d) Unit Owner's Policies. The unit owners may carry at their own initiative and expense the following insurance policies:

(1) A building additions, betterments, and alterations endorsement to the master casualty insurance policy described in Paragraph 21(a) hereof for the exclusive benefit of the particular unit owner, such unit owner to be liable for (and the Association to be in no way liable for) the premium for such endorsement; and

(ii) A "tenant's or condominium owner's policy" covering the contents of his unit, personal injury and property damage liability, burglary and the like.

In no event shall any recovery or payment under the insurance coverage obtained and maintained by the Association be affected or diminished by insurance purchased by individual unit owners or mortgagees, and no unit owner shall be entitled to exercise his right to maintain the additional insurance coverage set forth in this Paragraph 21(d) in such a way as to decrease the amount which the Association may realize under any insurance policy which it may have in force on the Property at any particular time.

(e) Proceeds on Account of Damage to Common Elements. Insurance proceeds which shall be paid on account of damages to or destruction of any portion of the common elements which does not exclusively serve any unit or units shall be held by the Association in a construction fund, which shall be used for the purpose of repairing, reconstruction or rebuilding the portion of such common elements so damaged or destroyed, as provided in Paragraph 22 of this Declaration. If it shall be determined in accordance with the provisions of Paragraph 22(b) of this Declaration not to repair, reconstruct or rebuild the portion of the common elements so damaged or destroyed, then the insurance proceeds paid on account of the occurrence of

such damage or destruction to such portion of common elements shall first be used to clean up and landscape the common elements as necessary in view of the fact that such part of the common elements is not to be repaired, reconstructed or rebuilt, and the remaining insurance proceeds shall be disbursed to the unit owners in proportion to their undivided interest in the common elements, such disbursement to be made payable jointly to the unit owners and their mortgagees. Notwithstanding anything contained in this Declaration, the Articles of Incorporation, the Bylaws, or the Act which may be construed to the contrary, in no event shall any insurance proceeds paid to the Association on account of the occurrence of any fire or other casualty be deemed to be common profits.

(f) Proceeds on Account of Damage to Units and Common Elements Exclusively Serving Units. In the event that any insurance proceeds shall be paid to the Association on account of any damage to or destruction of any unit or units and/or any portion of the common elements exclusively serving such unit or units, the Association shall be deemed to hold such insurance proceeds in a series of separate accounts, one such account for each unit which is so damaged or destroyed, or the common elements exclusively serving which units are so damaged or destroyed. The amount of insurance proceeds which shall be deemed to be held by the Association in each such account shall be determined by multiplying the entire amount of insurance proceeds which shall be received by the Association as consequence of the damage or destruction to such unit or units and/or the common elements exclusively serving such unit or units by a fraction, the numerator of which shall be the total estimated cost of repairing, reconstruction, or rebuilding the unit, and the common elements exclusively serving the unit, on behalf of which such account is credited, and the denominator of which shall be the total estimated cost of repairing, reconstruction, or rebuilding all of the units and common elements as a consequence of the damage to or destruction to which such insurance proceeds were paid. If it shall be determined in accordance with the provisions of Paragraph 22(c) of this Declaration not to repair, reconstruct or rebuild any unit which is so damaged or destroyed, then the amount of insurance proceeds which shall be held by the Association in the account for such unit shall be disbursed to the owner of such unit, such disbursement to be made jointly to the unit owner and his mortgagee. Such disbursement, however, shall be made only after the Board of Directors shall have entered into a financial arrangement satisfactory to the Board of Directors whereby such unit owner shall pay for the cost of cleaning up and landscaping the property on which such unit was located. Notwithstanding anything contained in this Declaration, the Articles of Incorporation or Bylaws of the Association which may be construed to the contrary, in no event shall any amounts as shall be held by the Association for the account of any unit owner pursuant to the provisions of this Paragraph 21(f) be deemed to be common profits.

For purposes of Paragraph 21(e) and Paragraph 21(f), common elements shall be deemed to exclusively serve a particular unit only if they constitute all or a portion of the walls, roofs or a foundation enclosing such unit.

(g) Insurance Trustee. Notwithstanding any of the foregoing provisions and requirements relating to property or liability insurance, there may be named as an insured on behalf of the Association, the Association's authorized representative, including any Trustee with whom such Association may enter into any Insurance Trust Agreement or any successor to such

Trustee (each of whom shall be referred to herein as the "Insurance Trustee"), who shall have exclusive authority to negotiate losses under any policy providing such property or liability insurance and perform such other functions as are necessary to accomplish this purpose. Each unit owner appoints the Association or any Insurance Trustee or successor Insurance Trustee designated by the Association, as attorney-in-fact for the purpose of purchasing and maintaining such insurance, including: the collection and appropriate disposition of the proceeds thereof; the negotiation of losses and execution of releases of liability; the execution of all documents; and the performance of all other acts necessary to accomplish such purpose.

22. DAMAGE OR DESTRUCTION OF PROPERTY. Repair, reconstruction or rebuilding of the Property, following damage to or destruction of all or any portion of the Property shall be governed by the following provisions:

(a) Estimates of the cost of Repair. As soon as practicable following the occurrence of any damage to or destruction of any portion of the Property, the Board of Directors shall obtain reliable and detailed estimates of the cost of repairing or restoring such portion of the Property so damaged or destroyed to substantially the same condition as such portion of the Property was in prior to the occurrence of such damage or destruction, and shall proceed with the filing and adjustment of all claims arising under insurance maintained by the Association as a result of such damage or destruction.

(b) Determination to Repair, Reconstruct or Rebuild Common Elements. Any damage to or destruction of the common elements will be repaired, reconstructed or rebuilt unless the owners of the units to which seventy-five (75%) percent of the votes in the Association are allocated shall determine, within forty-five (45) days after the occurrence of the casualty, not to repair, reconstruct or rebuild the same.

(c) Determination to Repair, Reconstruct or Rebuild Units. The determination to repair, reconstruct or rebuild any unit which is damaged or destroyed by fire or any other casualty shall be made in the following manner:

(i) Any unit which is damaged, but not rendered untenantable, shall be repaired in all events.

(ii) In the event that any unit is so damaged or destroyed that such unit is thereby rendered untenantable, such unit shall be repaired, reconstructed or rebuilt unless, within forty-five (45) days after the occurrence of such casualty, (a) the owners of the unit which is so rendered untenantable, together with (b) the owners of the units to which sixty-seven (67%) percent of the remaining votes in the Association (not including the vote of the owner of the unit which has been rendered untenantable by such casualty), and (c) the holders of sixty-seven (67%) percent of the first mortgages on the units within the Condominium (including the holder of any first mortgage on the unit which has been so rendered untenantable) shall all determine not to repair, reconstruct or rebuild such unit so rendered untenantable.

(i) For purposes of this Paragraph 22(c), a unit shall be deemed to be untenantable only if as a consequence of this occurrence of a fire or other casualty, such unit is not fit for present habitation, and if the estimated costs of making repairs necessary to render such fit for present habitation shall exceed one-half (½) of the fair market value of such unit prior to the occurrence of such casualty.

(d) Manner of Repair, Reconstruction or Rebuilding. All repairs, reconstruction, or rebuilding to be made as a result of damage by fire or other casualty shall be made in accordance with the following provisions:

(1) Common Elements. The damage shall be repaired, reconstructed or rebuilt substantially in accordance with the plans and specifications for such damaged property prior to the occurrence of such damage.

(il) Units. If the damage to be repaired, reconstructed or rebuilt is to any unit, such repair; reconstruction or rebuilding shall be substantially in accordance with the plans and specifications for such damaged unit prior to the occurrence of such damage.

(ill) All of the work of repairing, reconstruction or rebuilding any portion of the Property, the damage to or destruction of which caused the payment of insurance benefits. under insurance policies maintained by the Association, shall be performed under the supervision of the Board of Directors, which, in discharging such supervisory responsibilities, shall be authorized to employ such building supervisors and architects as the Board of Directors shall deem to be in the best interest of the Association. The fees which shall be payable to any such building supervisor or architect employed by the Board of Directors shall be a common expense of the Association.

(e) Costs of Repair, Reconstruction or Rebuilding.

(1) Common Elements. The cost of repairing, reconstructing or rebuilding any portion of the common elements which shall be damaged or destroyed and which does not exclusively serve any unit or units shall be paid with any insurance proceeds which shall be paid to the Association on account of such damage or destruction. If such insurance proceeds are not sufficient to defray such costs of repair, reconstruction or rebuilding, then the Board of Directors shall levy a special assessment against all of the unit owners and units to raise the excess funds necessary to defray such costs.

(ii) Units and Common Elements Exclusively Serving Units. The cost of repairing, reconstructing or rebuilding each unit which shall be damaged or destroyed, and any portion of the common elements exclusively serving such unit which shall be damaged or destroyed, shall be paid with the insurance proceeds which shall be paid to the Association on account of such damage or destruction and held by the Association in the account for such unit, as provided in Paragraph 21(f) of this Declaration. If the amounts which are held by the Association in the account for such unit are not sufficient to defray such costs of repair, reconstruction or rebuilding, then the Board of Directors shall levy a special assessment against

the owner of the unit on behalf of which such account was created to raise the excess funds necessary to defray such costs.

For the purposes of this Paragraph 22(e), common elements shall be deemed to exclusively serve a particular unit only if they constitute all or a portion of the walls, roofs or a foundation enclosing such unit.

23. RULES AND REGULATIONS. The Board of Directors shall have the power and authority to adopt, make and amend reasonable rules and regulations in regard to the use of the units, limited common elements, and common elements. Copies of all such rules and regulations, and all amendments thereto, shall be furnished to all of the unit owners, upon request.

24. EASEMENTS. The following easements shall be applicable to the Property:

• (a) Encroachments. To the extent that any unit or common element encroaches on any other unit or any part of the common elements, whether by reason of a deviation from the survey or the plans in the construction, repair, renovation, restoration or rebuilding of any improvement, or by reason of any overhang or the settling or shifting of any land or improvement, a valid easement for said encroachment and for the maintenance of same, so long as it stands, shall exist.

(b) Utility and Other Easements. The Association and the Board of Directors shall have the irrevocable power as attorney-in-fact on behalf of all unit owners and their successorsin-title to accept easements benefiting the Condominium or any portion thereof and to grant easements benefiting the Property, or any portion thereof, whether or not a part of the Condominium upon, across, over and under all of the Property for ingress, egress, installation, replacing, and maintaining all utilities including, but not limited to, water, sewer, power, telephone, gas, electricity, cable television and a master television antenna system. Such easements may grant to appropriate utility companies the right to erect and maintain the necessary poles and the necessary equipment on the Property and to affix and maintain utility wires, pipes, circuits and conduits on, above, across and under the common elements, the units or the roofs and exterior walls of the improvements comprising part of any unit.

Declarant grants to each unit owner a non-exclusive perpetual easement for the purpose of ingress and egress to and from his unit over Woodlake Drive and any driveways and entrances as shown in Condominium Plat Book 1, page 289, Athens-Clarke County, Georgia Records.

(c) Access to Units and Common Elements. Each unit owner shall afford to the other unit owners and to the Association, and to any directors, officers, agents or employees of either, such access through his unit and any limited common elements appurtenant thereto as may be reasonably necessary to enable them to exercise and discharge their respective powers and responsibilities in an emergency situation. To the extent that damage is inflicted on the common

elements, including without limitation any limited common elements, or any unit through which access is taken, the Association or the unit owner occasioning such damage, whether by itself or through agents, employees or others, shall be liable for prompt repair thereof. There is hereby (i) reserved in the Declarant, (il) granted to all policemen, firemen, ambulance personnel an all similar emergency personnel, an easement to enter upon the property or any part thereof in an emergency situation in the proper performance of their respective duties. During the period that Declarant owns any unit or owns any interest in the Property or any portion thereof, the Declarant shall have a transferable easement on, over, through, under and across the common elements for the purpose of making improvements contemplated by the condominium instruments on the Property, or any portion thereof, for the purpose of installing, replacing, repairing and maintaining all utilities serving the Property or any portion thereof, and for the purpose of doing all things reasonably necessary and proper in connection therewith. There is further reserved in the Declarant, and its successor-in-title a perpetual easement for the benefit of the Property for ingress and egress over and across any road or drive which may now or hereafter be located on the Property.

25. CONTRACTS WITH DECLARANT. The term of any agreement as may be entered into between the Association and the Declarant which provides for professional management of the Condominium, or pursuant to which the Declarant is to provide any the services to the Condominium, shall in no event exceed one (1) year. In addition, any such agreement shall be terminable by either party thereto without cause and without payment of a termination fee on no more than ninety (90) days written notice.

26. SEVERABILITY The invalidity or unenforceability of any covenant, restriction or other provision of this Declaration shall not affect the validity or enforceability of any other covenant, restriction or provision of this Declaration.

27. CAPTIONS. The captions of all sections of this Declaration are inserted for convenience only and are not intended to define, limit, restrict, extend or modify any of the provisions of the sections to which such captions relate.

28. MORTGAGEE'S RIGHTS. Notwithstanding any of the provisions of this Declaration or the Articles of Incorporation or Bylaws of the Association, the following provisions are hereby adopted for the protection of the mortgagees of units within the condominium project, and to the extent they conflict with any of the provisions in the Declaration, the Articles of Incorporation or By-Laws of the Association, the following shall control:

(a) The Association shall not take the following actions without the prior written approval of unit owners to which 80% of the votes in the Association appertain and all mortgagees of such units:

(i) Seek to abandon or terminate the condominium project by act or omission.

(ii) Use hazard insurance proceeds for losses to any condominium property (whether to units or to common elements) for other than the repair, replacement or reconstruction in the event of substantial loss to the units and/or common elements (in the event the determination is made to so repair, reconstruct or rebuild in accordance with Paragraph 22(b) and (c)).

(b) Any first mortgagee who obtains title to a unit pursuant to the remedies provided in the mortgage, by taking deed in lieu of foreclosure, or foreclosure of the mortgage on a unit shall not be liable for the unpaid dues or charges attributable to such unit which have accrued prior to the acquisition of title to such unit by the first mortgagee. However, such mortgagee shall be responsible for unpaid dues or charges accruing after such acquisition.

(c) Nothing in this Declaration; nor any provision of the Articles of Incorporation or Bylaws of the Association shall entitle a unit owner, Declarant, or any the party, to priority over any rights of the first mortgagees of units with regard to a distribution to unit owners of insurance proceeds or condemnation awards for losses to or the taking of units or common elements.

(d) The Association shall give written notice to any first mortgagees of individual units of any loss to, or taking of the common elements if such loss or taking exceeds $10,000.00 or damage to a unit encumbered by such mortgagee exceeds $1,000.00.

(e) Any first mortgagee of individual units shall have the rightto examine the books and records of the Association upon reasonable notice and during business hours.

(f) Any holder of a mortgage upon any unit, upon its request, shall be entitled to a written notice from the Board of Directors of any default in the performance by the owner of the unit upon which such mortgagee holds such first lien mortgage of any obligation under this Declaration, the Bylaws or the condominium instruments which is not cured within sixty (60) days.

(g) A holder, insurer or guarantor of a first lien mortgage, upon written request to the Association (such request to state the name and address of such holder, insurer or guarantor and the unit number) will be entitled to timely written notice of:

(i) Any proposed Amendment of the Condominium instruments affecting a change in:

[A.] the boundaries of any unit or the exclusive easement rights appertaining thereto;

[B.] the interest in the general or limited common elements appertaining to any unit or the liability for common expenses appertaining thereto;

[C.] the number of votes in the Association appertaining to any unit; or

[D.] the purpose to which any unit or the common elements are restricted;

(ii) Any condemnation loss or casualty loss which affects a material portion of the Condominium or which affects any unit on which there is a first lien mortgage held, insured or guaranteed by such eligible holder;

(iii) Any lapse, cancellation or material modification of any insurance policy maintained by the Association pursuant to Paragraph 21.

(h) Any restoration or repair of the Property after a partial condemnation or damage due to an insurable hazard shall be substantially in accordance with the Declaration and the original plans and specifications unless the approval of the eligible holders of first lien mortgages on units to which at least fifty-one (51%) of the votes of units subject to mortgages held by such holder or holders are allocated, is obtained.

(i) No relocation of interests in the common elements resulting from a partial condemnation or partial destruction of the Property may be effective without the approval of the eligible holders of first lien mortgages on units to which at least fifty-one percent (51%) of the votes of units subject to mortgages held by such first lien holders are allocated.

29. FINANCIAL BOOKS AND RECORDS.

(a) The Association shall make available to unit owners, holders of any first lien mortgage on any unit and other lenders secured by any Unit, current copies of the Declaration, By-Laws and other rules governing the Condominium and any other books, records and financial statements of the Association.

(b) The Association shall make available to prospective purchasers current copies of the Declaration, By-Laws, other rules governing the Condominium and the most recent annual audited financial statement, if such is prepared.

(c) Upon written request from any agency, entity, corporation or individual which has an interest or. prospective interest in the Condominium, the Association shall prepare and furnish within a reasonable period of time an audited financial statement of the Association for the immediately preceding fiscal year.

30. FIDELITY BONDS. The Association shall maintain appropriate fidelity bonds for all officers, directors and employees of the Association and any other persons handling or responsible for funds or funds administered by the Association. Such fidelity bonds shall name the Association as obligee and shall not be less than the estimated maximum of funds, including reserve funds, held by the Association, at any given time during the term of each bond. However, in no event may the aggregate amount of any such bonds be less than a sum equal to three months aggregate assessments on all units plus reserve funds. All such bonds shall contain waivers by the issuers of the bonds of all defenses based upon the exclusion of persons serving without compensation from the definition of"employees" or similar terms or expressions. The premiums on all bonds required herein, except those maintained by any management

31. CONDEMNATION. The Association shall represent the unit owners in the condemnation proceedings or in negotiations, settlements and agreements with the condemning authority for the acquisition of the common elements, or part thereof, by the condemning authority. Unit owners hereby appoint the Association as attorney-in-fact for such purposes. In the event of a taking or condemnation of part or all of the common elements by a condemning authority, the award or proceeds of settlement shall be payable to the Association, to be held in trust for unit owners and their first mortgage holders as their interests may appear. The repair, reconstruction or rebuilding or the Property as a result of total or partial loss or destruction due to condemnation shall be governed by the provisions of paragraph 22.

32. AMENDMENT. Any amendment to the Declaration shall be as provided in O.C.G.A. § 44-3-93 of the Act.

IN WITNESS WHEREOF, the duly authorized members of Declarant have set. their hands and affixed their seals this _ day of _, 2001.

WOODLAKE DEVELOPMENT, L.L.C.

By: HDilln (seal)

H.L. DILLARD, Member

Frig Chart

By: (seal)

RICKY CHASTAIN, Member

Signed, sealed and delivered

this day of

2001, in the presence of:

Witness

Notary Public

The Townhomes at Woodlake (Phase Five)

Rules & Regulations OWNERS 1.) Owners are responsible for compliance with the rules and regulations by their Lessees and/or Guests. It is the duty and responsibility of the Owner to fully advise the Lessee and/or their Guests about the rules and regulations. Owners who have a Lessee in their unit must be aware that the Owner will be fully accountable for any violations involving their unit. Fines and penalties will be assessed against the Owner and not the Lessee or Guest. It will be the responsibility of the Owner to correct any problem. Any on-going or continuing rule violations will be dealt with strictly, in accordance with the Rules and Regulations and Declaration of Condominium for the Townhomes at Woodlake.

LESSEE and GUEST 1.) Owners shall be responsible and liable for the conduct of their Lessees and Guests. Acts of the Lessees and Guests in violation of the Association’s Rules and Regulations or Declaration of Condominium may be deemed by the Board of Directors or Association Management Company in breach by Owner. Owners are expected to oversee all Lessees and Guests that utilize or visit the Townhomes and other Wood Lake common property.

2.) The Owner or Lessee shall not use or occupy the property in any manner or for any purpose which would injure the reputation or impair the present or future value of the property.

3.) The number of guests shall be limited to a reasonable number considering the limited space available within the property and be respectful of other residents’ parking needs.

4.) Owners, Lessees, and Guests shall not utilize common areas in such a way as to impose upon or diminish the use thereof by other residents.

PETS

1.) Owners, their Lessees, and Guests are expected to abide by Athens-Clarke County animal ordinances. Pets should always be on a leash. Pets are to be walked in the common areas.

Owners and their Lessees and Guests are required to pick up and properly dispose of pet’s waste. Failure to pick up and dispose of pet’s waste will result in a fine. No pet shall be left unattended in the courtyard or common areas. Pets are not allowed in the Master Association pool area or in the pool itself.

2.) There is a two-dog limit per unit and a weight limit for a middle size dog (up to 60 pounds).

Aggressive breeds are not permitted. Wild or exotic animals are not permitted.

3.) There is a fine of $25.00 per occurrence per day on each pet violation.

NOISE

1.) The Owner or Lessee shall not suffer, allow, or permit any vibration, noise, light, odor, or other effect to emanate from the unit to allow or permit the same to constitute a nuisance or otherwise interfere with the safety, comfort, and convenience of any of the other residents on the property.

2.) No loud or boisterous conduct shall be permitted in the common areas or within the premises when such can be overheard by residents on the property.

3.) No partying or congregating in the common area or upon the patio or courtyard shall be permitted after 11:00 p.m. Sunday through Thursday and after 12:00 a.m. Friday and Saturday per Athens-Clarke County Noise Ordinance. When such activity would be reasonably expected to disrupt the sleep or quiet enjoyment of adjacent premises by other residents within the property.

POOL

1.) Only Owners, Lessees, their immediate families, and guests, accompanied by the Owner or Lessee, may use the swimming pool. All other facilities may be used by such people only in strict compliance with supplemental rules and regulations from time to time adopted by the Woodlake Master Board of Directors.

2.) Invited guests shall not exceed 2 per owner or Lessee.

3.) Pool Code can be obtained from the Association Management Company.

DUMPSTER and LITTERING 1.) Owners and their Lessees or Guests shall not throw trash or cigarette butts into the Townhomes’ common area.

2.) All trash and garbage will be placed in the garbage or recycling containers in the locations designated by Woodlake Master Board of Directors. The dumpsters are located across from the lake on Wood Lake Drive. Owners and Lessees shall place trash and refuse to be deposited into such dumpsters and not left in the common area or limited common areas.

This means trash or containers may not be placed on balconies, in courtyards, or under covered parking area for any length of time.

3.) The sanitation services will not pick up furniture, appliances, etc. Any resident who places such items by the dumpster will be required to move it or pay for the cost of removal.

VEHICLES

1.) Non-operative vehicles are not permitted on the premises. Any such non-operative vehicles may be removed at the expense of the Owner or Lessee by the Board of Directors or the Association Management Company with authority given by the Board of Directors. Tags for vehicles must remain current.

2.) If the Owner, Lessee, or Guest parks in another unit’s covered parking space, they will be towed at the vehicle owner’s expense. The unmarked spaces are to be used for extra vehicles or guest parking.

3.) Parking on the curb, fire lane, or any other unmarked space is prohibited.

EXTERIOR GUIDELINES

1.) Absolutely no structural or other improvements to the exterior of the units are permitted by the Owner or Lessee that would change, in any way, the appearance of the unit without written permission from the Board of Directors. This includes, but is not limited to, painting of doors, railing, exterior siding, or any other visual aspect of the outside of the unit. Every unit should be identical to the other units in the Townhomes. All blinds or drapes visible from the exterior must be white and maintained. Blinds must be the current 2” white faux wood or Plantation Shutters. Window screens shall be maintained without holes or tears.

Windowpanes and doors are to be maintained with external grids or panels and original color.

2.) Window A/C units shall only be permitted for temporary purposes for no more than 60 days.

3.) To remove or replace bushes, or perform any other landscaping maintenance, you must first request permission from the Board of Directors through the Association Management Company.

4.) No flags, banners, posters, etc. may be displayed in the front of the building. Security signage and cameras are permitted. For Sale and For Rent signs must be placed on the inside of windows.

5.) Decorating for Official Religious Holidays is permitted 30 days before and 30 days after holiday. All other holidays may have decorations 30 days before and 10 days after. For decorating, the front exterior of the unit may only have a wreath or banner around the door. A maximum of two planters are permitted but must be maintained in an aesthetic manner. Front doormats are permitted and should be maintained. For decorating during non-holidays, the exterior of the unit may have a wreath on the door, doormat, and a maximum of two planters and must be maintained in an aesthetical manner.

6.) The back of the unit and the exterior of the courtyard fence may be decorated year-round and shall be maintained in an aesthetical manner.

7.) Please contact the Board of Directors or the Association Management Company to obtain the Request for Property Modifications form to submit any changes.

HAZARDOUS MATERIALS

1.) Owners, their Lessees, and Guests shall not store or bring any hazardous materials on the premises or use the premises for any hazardous uses.

2.) Open fire pits are not permitted.

SATELLITE DISHES

1.) Satellite dishes are not permitted.

COURTYARD and PATIO 1.) Courtyard and Patio areas must always be kept neat and clean. No debris shall accumulate to render the property in an unsanitary, unsightly, offensive, or detrimental manner to the residents of the property. No garbage, rugs, towels, laundry, clothing, or other items shall be stored, hung, or draped on railings, fence or other portions of the balcony or patio that is apportioned to the Unit. No items shall be stored, including garbage cans or trash under the covered vehicle area.

2.) No items are to be attached to any exterior surfaces of the building.

3.) Planters in the courtyard of a unit must be maintained with no overhanging or growing through fence.

4.) No hot tubs, saunas, or large pools are permitted in the courtyard or under covered parking.

FINES

1.) Violation letters stating a fine has been incurred will be sent to the Owners mailing address found on the Athens-Clarke County Tax Assessors website should an alternate not be previously provided to the Association Management Company or the Board of Directors.

2.) Fines will be taken with priority from payment of HOA dues. Should payment not cover violation and dues, a late fee will be assessed. The owner may have a 15-day written warning of violation if warranted.

LEASING

1.) No Unit Owner and their Lessee shall be permitted to lease their unit for transient or hotel purposes. No short-term leasing including AIRBNBs, BNBs, or VRBOs. Subleasing to a third part is not permitted.

Note: The Board of Directors of Townhomes at Woodlake Condominium Association may choose to impose fines on any of the above Rules and Regulations at the time as it may deem necessary and may from time to time choose to amend the Rules and Regulations. The Board of Directors may also choose to impose fines for infractions not expressly defined above, but that are set forth in the Declaration of Condominium, Rules and Regulations, or the Bylaws of the Association. There is a fine of $50.00 per occurrence on each violation. Each day is a separate violation.

Owner is defined as the person(s) residing in or who legally owns the condominium unit. If the unit is leased, it is the responsibility of the unit owner to make the lessee aware of all rules and regulations and to make certain the lessee understands that they are subject to all governing documents of the Townhomes Condominium Association. Should a Lessee be in violation of any rule, regulation, or covenant, the Board of Directors or Association Management Company will contact the Owner. It will be the responsibility of the Owner to take enforcement action against the Lessee.

Please contact the Association Management Company with any questions or concerns:

Compass Association Management 1011 Woodridge Lane Suite 103 Watkinsville, GA 30677 706-546-9600 Created: May 11, 2023 Adopted: May 15, 2023

BY-LAWS

OF WOODLAKE MASTER ASSOCIATION,

INC.

ARTICLE ONE

OFFICES

Name. The name of the Association is WOODLAKE MASTER ASSOCIATION, INC., hereinafter referred to as the "Association".

Location. The initial principal office of the Association shall be located at 263 Woodlake Drive, Athens, Georgia 30606. The initial mailing address of the Association is 263 Woodlake Drive, Athens, Georgia 30606. The location of the principal office and mailing address of the Association may be changed, from time to time, as new directors and officers are elected.

ARTICLE TWO MEETINGS OF

THE MEMBERS

Annual Meeting Date. The annual meeting of members shall be held on the 2nd Monday in December of each year, or if said date be a legal holiday, then on the next succeeding day which is not a holiday, or at such other date as the Board may determine.

2.2 Special Meeting. Special meetings of the members may he called at any time by the President or by members having twenty-five (25%) percent or more of the total vote of the Association.

Place. Annual or special meetings of the members may be held at any place within reasonable proximity to the Woodlake development in Athens-Clarke County, Georgia as set forth in the notice thereof, or in the event of a meeting held pursuant to waiver of notice, as may be set forth in the waiver, or if no place is so specified, at the registered office of the Association. ..

Notice. Notice of annual or special meetings of the members shall be given to each unit owner at least twenty-one (21) days in advance of any annual or regularly scheduled meeting, and at least seven (7) days in advance of any other meeting, stating the time, place and purpose of such rules and regulations established by the Board of Directors governing the use of the Common Area and facilities.

2.5 Quorum. A quorum shall be deemed present throughout any meeting of the members until adjourned if members, in person or by proxy, entitled to cast more than one-third (1/3rd) of the votes of the Association are present at the beginning of such meeting.

2.6 Vote of Members. On all matters upon which the members are entitled to vote, each member (phase) shall be entitled to cast the number of votes which are allocated to that particular phase in Woodlake

development by Article IV, Section 2 of the Declaration, as it may be amended from time to time. Any action of the Association shall be deemed valid upon not less than 2/3 of the member votes present in person or by proxy at any annual or special meeting of the Association at which a quorum is present, unless the Declaration, the Articles of Incorporation, or the Condominium Act provides otherwise.

2.7 Proxies. Votes may be cast in person or by proxy. All proxies shall be in writing filed with the Secretary of the Association. No proxy shall extend beyond a period of eleven (11) months, and every proxy shall automatically cease upon the sale by the unit owner of his unit.

2.8 Presiding Officer. The presiding officer at all meetings of the members shall be the President, in whose absence the Vice President shall preside. If neither of such officers is present, the members shall elect a chairman to preside at the particular meeting.

2.9 Adjournments. Any meeting of the members, whether or not a quorum is present, may be adjourned by the holders of a majority of the votes represented at the meeting to reconvene at a specific time and place. It shall not be necessary to give any notice of the reconvened meeting, if the time and place of the reconvened meeting are announced at the meeting which was adjourned. At any such reconvened meeting at which a quorum is represented or present, any business may be transacted which could have been

2.10 Action in Lieu of Meeting. Any action to be taken at meeting of the members, or any action that may be taken at a meeting of the members, may be taken without a meeting if a consent in writing setting forth the action so taken shall be signed by all of the members entitled to vote with respect to the subject matter thereof and any further requirements of law pertaining to such consents have been complied with.

ARTICLE THREE

DIRECTORS

3.1 General Powers. Except as provided otherwise in the Georgia Nonprofit Corporation Code, the Declaration, the Articles of Incorporation, or these Bylaws, the powers inherent in or expressly granted to the Association may be exercised by the Board of Directors, acting through the officers, without any further consent or action on the part of the members. The Board of Directors shall have the authority to adopt from time to time reasonable rules and regulations governing the use of the submitted property by the members. All resolutions adopted and all business transacted by the Board of Directors shall require the affirmative vote of Directors representing not less than two-thirds of the total number of votes of the Association.

Number of Directors. The Board of Directors of the Association shall consist of a minimum of six (6) members and a maximum of eight(8) members, with there being one member for each phase in the Woodlake development as defined in the Declaration of Woodlake Master Association, as amended from time to time. Board members shall be elected at each annual meeting of the members and serve for a term of one year and until their successors are elected.

33 Nomination and Election. Each phase within the Woodlake.shall elect a representative to the Board (Director) pursuant to the rules and regulations established by that particular phase.

3.4 Vacancies. The particular phase in the Woodlake development may fill the place of any Director which may become vacant prior to the expiration of his term, and such appointment is to continue until the expiration of the term of the Director whose place has become vacant.

3.6 Compensation. Officers and Directors shall serve without compensation, but they shall be entitled to reimbursement for reasonable expenses incurred in the performance of their duties.

ARTICLE FOUR OFFICERS

AND THEIR DUTIES

4.1 Enumeration of officers. The officers of this Association shall be a president and vice president, a secretary, and a treasurer, who shall at all times be members of the Board of Directors, and such other offices as the Board may from time to time by resolution create.

Election of Officers. The election of officers shall take place at the first meeting of the Board of Directors following each annual meeting of the members.

4.3 Term. The officers of this Association shall be elected annually by the Board and each shall hold office for one year unless he shall sooner resign, or shall be removed, or be otherwise disqualified to serve.

4.4 Special Appointments. The Board of Directors may elect such other officers as the affairs of the Association may require, each of whom shall hold office for such period, have such authority, and perform such duties as the Board may, from time to time, determine.

Resignation and Removal. Any officer may be removed from office with or without cause by the Board. Any officer may resign at any time by giving written notice to the Board, the president or the secretary. Such resignation shall take effect on the date of receipt of such notice or at any later time specified therein, and unless otherwise specified therein, the acceptance of such resignation shall not be necessary to make it effective.

4.6 Vacancies. A vacancy in any office may be filled in the manner prescribed for regular election. The officer elected to such vacancy shall serve for the remainder of the term of the officer he replaces.

Multiple Offices. The offices of secretary and treasurer may be held by the same person. No person shall simultaneously hold more than one of any of the other offices except in the case of special offices created pursuant to Section 4 of this Article.

4.8 Duties. The duties of the officers areas follows:

President - The president shall preside at all meetings of the Board of Directors; shall see that orders and resolutions of the Board are carried out; shall sign all leases, mortgages, deeds and other written instruments and shall co-sign all promissory notes.

(b) Vice President - The vice president shall act in the place and stead of the president in event of the absence, inability or refusal of the president to act, and shall exercise and discharge such other duties as may be required of him by the Board.

Secretary - The secretary shall record the votes and keep the minutes of all meetings and proceedings of the Board and of the Members; keep the corporate seal of the Association and affix it on all papers requiring said seal; serve notice of meetings of the Board and of the Members, keep appropriate current records showing the Members of the Association together with their addresses, and shall perform

(d) Treasurer - The treasurer shall receive and deposit in appropriate bank accounts all monies of the Association and shall disburse such funds as directed by resolution of the Board of Directors shall sign all checks and promissory notes of the Association; keep proper books of account; cause an annual audit of the Association books to be made at the completion of each fiscal year, and shall prepare a statement of income and expenditures to be presented to the Membership at its regular annual meeting, and deliver a copy of each to the Members. The Treasurer may be appointed by the Board of Directors from among the members, and need not be a member of the Board of Directors.

ARTICLE

FIVE

COMMITTEES

5.1 The Board of Directors may appoint committees as deemed appropriate in carrying out its purposes, such as:

(a) Maintenance Committee which shall advise the Board of Directors on all matters pertaining to the maintenance, repair or improvement of the Properties, and shall perform such other functions as the Board, in its discretion, determines.

(b) Grounds Committee which shall advise the Board of Directors on all matters pertaining to the maintenance, planting of shrubs and trees and improvement of the common grounds of the property, and shall perform such other functions as the Board, in its discretion, determines.

(c) Traffic and Parking Committee which shall advise the Board of Directors on all matters pertaining to traffic control, parking restrictions and vehicle controi as set forth in the Declaration, and shall perform such other functions as the Board, in its discretion, determines.

Audit Committee which shall supervise the annual audit of the Association's books and approve the annual budget and statement of income and expenditures to be presented to the membership at its regular annual meeting. The treasurer shall be an ex officio member of the Committee.

5.2 It shall be the duty of each committee to receive complaints from members on any matter involving Association functions, duties, and activities within its field of responsibility. It shall dispose of such complaints as it deems appropriate or refer them to such other committee, director or officer of the Association as is further concerned with the matter presented.

ARTICLE SIX

SEAL

6.1 The seal of the Association shail be in such form as the Board of Directors may from time to time determine, in the event it is inconvenient to use such seal at any time, the signature of the Association followed by the word "Seal" enclosed in parentheses or scroll shall be deemed the seal of the Association. The seal shall be in the custody of the secretary and affixed by him on all appropriate papers.

ARTICLE SEVEN

RESOLUTION OF CONFLICTS

7,1 In the case of any conflict between the Articles of Incorporation and these Bylaws, the Articles shall control; and in the case of any conflict between the Declaration and these Bylaws, the Declaration shall control.

ARTICLE EIGHT

FISCAL YEAR

8,1 The Board of Directors shall be authorized to fix the fiscal year of the Association and to change the same from time to time as it shall deem appropriate.

ARTICLE NINE

DEFINITIONS

9.1 All of the terms defined in Section 3 of the Condominium Act shall be deemed to have the meanings therein specified wherever they appear in these Bylaws, unless the context otherwise requires.

ARTICLE TEN

AMENDMENTS

10.1 Any amendment of these By-Laws shall require the affirmative vote of Directors representing not less than two-thirds of the total number of votes of the Association.

END OF BY-LAWS

BY-LAWS

OF

CONDOMINIUMS AT WOODLAKE, PHASE FIVE OWNERS ASSOCIATION, INC.

ARTICLE ONE

OFFICES

Name. The name ofthe Association is CONDOMINIUMS AT WOODLAKE, PHASE FIVE OWNERS ASSOCIATION, INC., hereinafler referred to as the "Association".

1.2 Location. The principal office of the Association shall be located at 2500 Atlanta Highway, Suite 405, Athens, Georgia 30606. The mailing address of the Association is 2500 Atlanta Highway, Suite 405, Athens, Georgia 30606.

ARTICLE TWO

MEETINGS OF THE UNIT OWNERS

2.1 Annual Meeting Date. The annual meeting of unit owners shall be held on the 2nd Monday in January of each year, or if said date be a legal holiday, then on the next succeeding day which is not a holiday.

2.2 Special Meeting. Special meetings of the unit owners may he called at any time by the President or by unit owners having twenty-five (25%) percent or more of the total vote of the Association.

2.3 Place. Annual or special meetings of the unit owners may be held at any place within reasonable proximity to Condominiums at Woodlake, Phase Five, a condominium in Athens-Clarke County, Georgia as set forth in the notice thereof, or in the event of a meeting held pursuant to waiver of notice, as may be set forth in the waiver, or if no place is so specified, at the registered office of the Association.

2.4 Notice. Notice of annual or special meetings of the unit owners shall be given to each unit owner at least twenty-one (21) days in advance of any annual or regularly scheduled meeting, and at least seven (7) days in advance of any other meeting, stating the time, place and purpose of such rules and regulations established by the Board of Directors governing the use of the Common Area and facilities.

2.5 Quorum. A quorum shall be deemed present throughout any meeting of the unit owners until adjourned if unit owners, in person or by proxy, entitled to cast more than one-third (1/3rd) of the votes of the Association are present at the beginning of such meeting.

2.6 Vote of Unit Owners. On all matters upon which the unit owners are entitled to vote, each unit owner shall be entitled to cast the number of votes which are allocated to each unit owned by such unit owner by the Declaration. Any action of the Association shall be deemed valid upon the majority vote of the

members present in person or by proxy at any annual or special meeting of the Association at which a quorum is present, unless the Declaration, the Articles of Incorporation, or the Condominium Act provide for an affirmative vote greater than a majority. The vote of the owners of a unit owned by a corporation or other legal entity shall be cast by the person named in a certificate signed by the agent of such corporation, or by a general partner of a partnership, as the case may be, and filed with the secretary of the Association. Such certificate shall be valid until revoked by a subsequent certificate. If such a certificate is not on file, the vote of such unit shall not be considered in determining the requirement for a quorum not for any other purpose. In no event shall more than one vote be cast with respect ox any unit.

2.7 Proxies. Votes may be cast in person or by proxy. All proxies shall be in writing filed with the Secretary of the Association. No proxy shall extend beyond a period of eleven (11) months, and every proxy shall automatically cease upon the sale by the unit owner of his unit.

2.8 Suspension of Membership and Voting Rights. During any period in which a member shall be in default in the payment of any annual or special assessment levied by the Association, the voting rights and right to use of the recreational facilities of such member may be suspended by the Board of Directors until such assessment has been paid. Such rights of a member may also be suspended, after notice and hearing, for a period not to exceed ninety (90) days, for violation of any rules and regulations established by the Board of Directors governing the use of the Common Area and facilities.

2.9. Presiding Officer. The presiding officer at all meetings of the unit owners shall be the President, in whose absence the Vice President shall preside. If neither of such officers is present, the members shall elect a chairman to preside at the particular meeting.

2.10 Adjournments. Any meeting of the unit owners, whether or not a quorum is present, may be

meeting at which a quorum is represented or present, any business may be transacted which could have been transacted at the meeting which was adjourned.

2.11 Action in Lieu of Meeting. Any action to be taken at meeting of the unit owners, or any action that may be taken at a meeting of the unit owners, may be taken without a meeting if a consent in writing setting forth the action so taken shall be signed by all of the unit owners entitled to vote with respect to the subject matter thereof and any further requirements of law pertaining to such consents have been complied with.

ARTICLE THREE

DIRECTORS

3.1 General Powers. Except as provided otherwise in the Condominium Act, the Georgia Nonprofit Corporation Code, the Declaration, the Articles of Incorporation, or these Bylaws, the powers inherent in or expressly granted to the Association may be exercised by the Board of Directors, acting through the officers, without any further consent or action on the part of the unit owners. The Board of Directors shall have the authority to adopt from time to time reasonable rules and regulations governing the use of the submitted property by the unit owners. All resolutions adopted and all business transacted by the Board of Directors shall require the affirmative vote of a majority of the Directors present at the meeting.

The Board of Directors shall also be authorized to enter into such agreements for professional management of the Association as the Board shall deem to be in the best interests of the Association; provided, however, that all such agreements must provide for termination on ninety (90) days written notice and a maximum contract term of three (3) years.

3.2 Number of Directors. The Board of Directors of the Association shall consist of a minimum of one(1) member and a maximum of seven(7) members. Board members shall be elected at each annual meeting of the unit owners and serve for a term of one year and until their successors are elected.

Nomination. Nominations for election for the Board of Directors shall be made by a Nominating Committee. Nominations may also be made from the floor at the annual meeting. The Nominating Committee shall consist of a Chairman, and.two or more members of the Association. The Nominating Committee shall be appointed by the Board of Directors prior to each annual meeting of the members. The Nominating Committee shall make as many nominations for election to the Board of Directors as it shall in its discretion determine, but not less than one (1). Such nominations shall be made from among the members of the Association.

Election. Election of the Board of Directors shall be by secret written ballot cast at the annual meeting. At such election the members or their proxies may cast, in respect to each vacancy, as many. votes as they are entitled to exercise under the provisions of the Declaration. The persons receiving the largest number of votes shall be elected. Cumulative voting is not permitted.

3.5 Vacancies. The Directors may fill the place of any Director which may become vacant prior to the expiration of his term, and such appointment by the Directors is to continue until the expiration of the term of the Director whose place has become vacant.

" Meetings. The Directors shall meet annually without notice, following the annual meeting of the unit owners. Special meetings of the Directors may be called at any time by the President or by any Director, on two days' notice to each Director, which notice shal! specify the time and place of the meeting. Notice of any such meeting maybe waived by an instrument in writing executed before or after the meeting. Directors may attend and participate in meetings either in person or by means of conference telephones or similar communications equipment by means of which all persons participating in the meeting can hear each other, and participation in a meeting by means of such communication equipment shall constitute presence in person at any meeting. Attendance in person at such meeting shall constitute a waiver of notice thereof.

Quorum. A majority of the number of Directors shall constitute a quorum for the transaction of business. Every act or decision done or made by a majority of the Directors present at a duly held meeting at which a quorum is present shall be regarded as the act of the Board.

Action in Lieu of Meeting. Any action to be taken at a meeting of Directors, or any action that may be taken at a meeting of Directors, may be taken without a meeting if a consent in writing, setting forth the actions so taken, shall be signed by all of the Directors and any further requirements of law pertaining to such consents have been complied with.

3.9 Compensation. Officers and Directors shall serve without compensation, but they shall be entitled to reimbursement for reasonable expenses incurred in the performance of their duties.

ARTICLE FOUR

OFFICERS AND THEIR DUTIES

4.1 Enumeration of officers. The officers of this Association shall be a president and vice president, who shall at all times be members of the Board of Directors, a secretary, and a treasurer, and such other offices as the Board may from time to time by resolution create.

Election of Officers. The election of officers shall take place at the first meeting of the Board of Directors following each annual meeting of the members.

4.3 Term. The officers of this Association shall be elected annually by the Board and each shall hold office for one year unless he shall sooner resign, or shall be removed, or be otherwise disqualified to serve.

4.4 Special Appointments. The Board of Directors may elect such other officers as the affairs of the Association may require, each of whom shall hold office for such period, have such authority, and perform such duties as the Board may, from time to time, determine.

Resignation and Removal. Any officer may be removed from office with or without cause ' by the Board. Any officer may resign at any time by giving written notice to the Board, the president or the secretary. Such resignation shall take effect on the date of receipt of such notice or at any later time specified therein, and unless otherwise specified therein, the acceptance of such resignation shall not be necessary to make it effective.

4.6 Vacancies. A vacancy in any office may be filled in the manner prescribed for regular election. The officer elected to such vacancy shall serve for the remainder of the term of the officer he replaces.

4.7 Multiple Offices. The offices of secretary and treasurer may be held by the same person. No person shall simultaneously hold more than one of any of the other offices except in the case of special offices created pursuant to Section 4 of this Article.

4.8 Duties. The duties of the officers are as follows:

(a) : PresidentThe president shall preside at all meetings ofthe Board of Directors; shall see that orders and resolutions of the Board are carried out; shall sign all leases, mortgages, deeds and other written instruments and shall co-sign all promissory notes.

(b) Vice President - The vice president shall act in the place and stead of the president in event ofthe absence, inability or refusal of the president to act, and shall exercise and discharge such other duties as may be required of him by the Board.

Secretary - The secretary shall record the votes and keep the minutes of all meetings and proceedings of the Board and of the Members; keep the corporate seal of the Association and affix it on all papers requiring said seal; serve notice of meetings of the Board and of the Members, keep appropriate current records showing the Members of the Association together with their addresses, and shall perform such other duties as required by the Board.

Treasurer - The treasurer shall receive and deposit in appropriate bank accounts all monies of the Association and shall disburse such funds as directed by resolution of the Board of Directors shall sign all checks and promissory notes of the Association; keep proper books of account; cause an annual audit of the Association books to be made at the completion of each fiscal year; and shall prepare a statement of income and expenditures to be presented to the Membership at its regular annual meeting, and deliver a copy of each to the Members. The Treasurer may be appointed by the Board of Directors from among the unit owners, and need not be a member of the Board of Directors.

ARTICLE FIVE

COMMITTEES

5.l The Association shall appoint a Nominating Committee, as provided in these Bylaws. In addition, the Board of Directors may appoint other committees as deemed appropriate in carrying out its purposes, such as:

Architectural Control Committee which shall advise the Board of Directors on all matters pertaining to architectural restrictions set forth in the Declaration, and shall perform such other functions as the Board, in its discretion, determines.

(b) Maintenance Committee which shall advise the Board of Directors on all matters pertaining to the maintenance, repair or improvement of the Properties, and shall perform such other functions as the Board, in its discretion, determines.

(d) Traffic and Parking Committee which shall advise the Board of Directors on all matters pertaining to traffic control, parking restrictions and vehicle control as set forth in the Declaration, and shall perform such other functions as the Board, in its discretion, determines.

Audit Committee which shall supervise the annual audit of the Association's books and approve the annual budget and statement of income and expenditures to be presented to the membership at its regular annual meeting. The treasurer shall be an ex officio member of the Committee.

5.2 It shall be the duty of each committee to receive complaints from members on any matter involving Association functions, duties, and activities within its field of responsibility. It shall dispose of such complaints as it deems appropriate or refer them to such other committee, director or officer of the Association as is further concerned with the matter presented.

ARTICLE SIX

INSPECTION OF BOOKS; NOTICE TO MORTGAGEES

6.1 The books, records, and papers of the Association shall at all times, during reasonable business hours, be subject to the inspection of any unit owner or the mortgagee of any unit owner.

6.2 All mortgagees who request the same shall be entitled to receive a written notification from the Association of any default in the performance by the individual unit owner/mortgagor of any obligation under the condominium instruments which is not cured within sixty (60) days.

ARTICLE SEVEN

SEAL

7.1 The seal of the Association shall be in such form as the Board of Directors may from time to time determine. In the event it is inconvenient to use such seal at any time, the signature of the Association followed by the word "Seal" enclosed in parentheses or scroll shall be deemed the seal of the Association. The seal shall be in the custody of the secretary and affixed by him on all appropriate papers.

ARTICLE EIGHT

RESOLUTION OF CONFLICTS

8.1 In the case of any conflict between the Articles of Incorporation and these Bylaws, the Articles shall control; and in the case of any conflict between the Declaration and these Bylaws, the Declaration shall control.

ARTICLE NINE

FISCAL YEAR

9.1 The Board of Directors shall be authorized to fix the fiscal year of the Association and to change the same from time to time as it shall deem appropriate.

ARTICLE TEN

DEFINITIONS

10.1 All of the terms defined in Section 3'of the Condominium Act shall be deemed to have the meanings therein specified wherever they appear in these Bylaws, unless the context otherwise requires.

END OF BY-LAWS