Riverbend East Condominium Homes for Sale

FILED IN OFFICE

.... Reference: Deed Book 390

*81 Page 863

P5-6 BOOK 721 1.61 321 AMENDED AND RESTATED DECLARATION

DATE Oct: 21p: 7987

-OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR

RIVERBEND EAST

WHEREAS, Riverbend Ventures, Inc., a Georgia corporation, filed a Declaration of Covenants, Conditions, and Restrictions for Riverbend East, (hereinafter called "Declaration"), dated September 29, 1975, and recorded September 30, 1975, in Deed Book 390, Page 863, Clarke County, Georgia Records; and

WHEREAS, such Declaration has been previously amended by that certain amendment dated May 24, 1976, and recorded June 16, 1976, in Deed Book 394, Page 553, Clarke County, Georgia Records; and

WHEREAS, Master Plats are recorded in Condominium Plat Book 1, Page 16 (dated July 16, 1974, and recorded September 30, 1975); Condominium Plat Book 1, Page 18 (dated July 16, 1974, and recorded September 30, 1975); and Condominium Plat Book 1, Page 30 (dated July 11, 1973, and revised June 18, 1974, and

recorded September 30, 1975); Clarke County, Georgia Records

(said plats being referred to as surveys for Riverbend Fernbank Condominium I, Woodstone Condominium I and the Community Center

Site; and

WHEREAS, floor plans of units are filed in File Number 8, Condominium Project Floor Plan File Drawer, Microfilm Room,

Clarke County, Georgia Records (as noted on Condominium Plans Card Number One); and

WHEREAS, Riverbend East Condominium Association, Inc., (hereinafter sometimes referred to as the "Association"), the successor by name change to the Riverbend East Owners Association, Inc., the incorporated successor to the unincorporated nonprofit association, as referenced under the aforesaid Declaration, and the membership thereof, desire to amend the Declaration for the purpose of submitting the Condominium to the Georgia Condominium Act, Ga. Laws 1975, No. 463, and for other purposes; and

WHEREAS, the residence owners, as members of the Association, have been given and have taken full administrative control of the Association under the terms of the Declaration; and

WHEREAS, the Declaration may be amended by the approval of at least two-thirds (2/3) of the Directors of the Association and two-thirds (2/3) of the total vote of the Association;

provided Directors and members not present at meetings concerning the amendments may express their approval in writing; and provided, further, in the event the proposed amendment should affect materially any rights of any then existing mortgage holders, such amendment shall also require the written consent thereto of all of the then existing mortgage holders; and

WHEREAS, greater than two-thirds (2/3) of all the Directors and not less than two-thirds (2/3) of the total vote of

(ii)

the Association have consented to the adoption of this Amendment to the aforesaid Declaration and to the adoption of the Declaration of Condominium to Riverbend East Condominium, such amendment and Declaration made for the purpose of submitting the Condominium to the Georgia Condominium Act, Ga. Laws 1975, No. 463, Ga. Code Ann. Sections 85-160le, et seg., and for other purposes;

NOW, THEREFORE, the Declaration of Covenants, Conditions, and Restrictions for Riverbend East and the By-Laws attached thereto are amended by striking the Declaration and ByLaws in their entirety, except for the Exhibits attached thereto or parts thereof which are specifically preserved herein, except to the extent that they may be inconsistent with this amendment, and simultaneously substituting therefor the following:

DECLARATION OF CONDOMINIUM

FOR

RIVERBEND EAST CONDOMINIUM

HYATT & RHOADS, P.C.

ATTORNEYS

2200 Peachtree Center Harris Tower 1625 I Street

Atlanta, Georgia 30303 Washington, D.C. 20006

(404) 659-6600 (202) 488-4418

MOK 427P:GE 537

- TABLE OF CONTENTS -

Page

1. NAME. . 1

2. DEFINITIONS. ..l

3. LOCATION.

4. UNITS

5. COMMON ELEMENTS .. 5

6. LIMITED COMMON ELEMENTS.

7. USE RESTRICTIONS. .. 5

8. ASSOCIATION MEMBERSHIP.

9. ADDITIONAL RIGHTS AND RESTRICTIONS. • .11

10. ASSESSMENTS. ..11

11. AMENDMENTS. ..12

12. PREPARER. .. 12

13. NOTICE OF SALE OR LEASE AND LEASE RESTRICTIONS. ..13 14. MORTGAGEES' RIGHTS. ..15

SOOK 427 PEE 527

DECLARATION OF CONDOMINIUM

FOR

RIVERBEND EAST CONDOMINIUM

Pursuant to the Georgia Condominium Act, Ga. Laws 1975, No. 463, Ga. Code Ann. Sections 85-160le, et seg., (hereinafter referred to as the "Act"), the owners of units at Riverbend East Condominium hereby amend the Declaration for the purpose of establishing Riverbend East Condominium as a residential condominium and submit the property to the Act and subject it by this Declaration to be Riverbend East Condominium.

1. NAME. The name of the Condominium is Riverbend. East Condominium, (hereinafter sometimes called "Riverbend East" or the "Condominium").

2. DEFINITIONS. Unless the context requires otherwise, the terms used herein shall be defined in the Act. In addition, as used in this Declaration, the Articles of Incorporation, the By-Laws, and the other condominium instruments, the following terms shall have the meanings ascribed to them hereinbelow, all of such definitions being cumulative of those set forth in the Act.

(a) "Act" shall mean the Georgia Condominium Act, Ga. Laws 1975, PP. 609-671, Ga. Code Ann. Ch. 85-16E.

(b) "Articles of Incorporation" shall mean the Articles of Incorporation of the Association, as the same now exist or may be hereafter amended.

ІЛок 427PS $27

(c) Association shall mean Riverbend East Condominium Association, Inc., a Georgia nonprofit membership corporation formed for the purpose of exercising the powers of the Association under this Declaration, the Articles of Incorporation, the By-Laws, the Act, and the Georgia Nonprofit Corporation Code.

(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 By-Laws, and the Act. The Board of Directors shall be the governing body of the Association.

(e) "By-Laws" shall mean the By-Laws of the Association, as the same now exist or may be hereafter amended.

(f) "Condominium instruments" shall mean this Declaration; the plats and plans recorded pursuant to the Act; the By-Laws of the Riverbend East Condominium Association, Inc., which accompany this Declaration and are recorded simultaneously herewith; and those instruments described as condominium instruments in the Act.

(g) "plats and plans" shall collectively mean those plats of survey made by Ben McLeroy and Associates, Professional Engineers and Surveyors, attached to the original Declaration as Exhibit Two and recorded in Condominium Plat Book 1, Page 16 (dated July 16, 1974); Condominium Plat Book 1, Page 18 (dated

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TOOK 427PGE $37

July 16, 1974); and Condominium Plat Book 1, Page 30 (dated July 1l, 1974, and revised June 18, 1974); together with those floor plans of units filed in File Number 8, Condominium Project Floor Plan File Drawer, Microfilm Room (as noted on Condominium Plans Card Number One); and any and all plats, plans, or floor plans filed simultaneously with this Declaration, all as filed in the Clarke County, Georgia Records, and all incorporated herein by this reference.

3. LOCATION. The Condominium is located in the 217th District, G. M., Clarke County, Georgia, and is more particularly described in the original Declaration in Exhibit One theré- . of. Said description is included herein as attached Exhibit One, which is by this reference incorporated herein.

4. UNITS. The property described and submitted to the Act is divided into sixty-one (61) separate condominium units, each subject to the provisions of this Declaration. Each unit consists of a dwelling and its appurtenant percentage of undivided interest in the common area as shown in Section 9 of the original Declaration, as amended. Section 9 of the original Declaration, as amended, is reproduced herein as Exhibit Two, attached hereto and by this reference incorporated herein. The percentage of undivided interest of each owner of a unit in and to the common area is the percentage that the floor space of such owner's unit bears to the total floor space of all the residential units in the Condominium, as was determined under the provisions of the original Declaration, as amended.

The units are depicted on the plats and plans, which plats and plans are incorporated herein by this reference. Except as provided in Paragraph 5 below which describes the common area, each unit includes that part of the structure which lies within the following boundaries:

(a) Horizontal (Upper and Lower): There shall be no horizontal boundaries.

(b) Vertical (Perimetric): The vertical boundaries of each unit shall be the outer unfinished surfaces (face of masonry or face of stud) of all exterior walls and the centerline of all party walls as shown on the plats and plans.

(c) All attachments to the exterior walls of a unit

which are a part thereof which protrude beyond the boundaries of the unit shall be deemed to be included within the boundaries

of the unit.

(d) All conduits, pipes, ducts, plumbing, wiring, and other facilities for the furnishing of utility services located

within the boundaries of a unit and serving only that unit shall

be a part of the unit so served. Appliances and plumbing fix-

tures within the boundaries of a unit shall be construed and in-

terpreted to be part of the unit.

(e) Any and all conduits, pipes, ducts, plumbing, wiring, and other facilities for the furnishing of utility services to more than one unit and/or the common elements are not a part

of the unit, whether located within or without the boundaries thereof.

WINK 427PLGE 537

5. COMMON ELEMENTS. The common elements include all parts of the condominium property not located within the boundaries of a unit. The percentage of ownership owned by each unit in the common elements was shown in Section 9 of the original Declaration, as amended. Section 9 of the original Declaration, as amended, is reproduced herein as Exhibit Two, attached hereto and by this reference incorporated herein. Each unit shall have the undivided percentage interest of ownership in the common elements as depicted on Exhibit Two attached hereto.

6. LIMITED COMMON ELEMENTS. Limited common elements are as follows:

(a) The patio area serving the unit is assigned as a limited common element to the unit so served.

(b) The paved approach from the sidewalk to the unit, the front porch or stoop, and the lawn space in front of each unit are assigned as limited common elements to the unit so

served.

(c) The common walls shared by two or more units, if outside the boundary of the units so served, shall be limited common elements to the units sharing such common walls.

7. USE RESTRICTIONS. The units at Riverbend East shall be and are restricted exclusively to residential use and occupancy by one (1) family, and no business may be conducted upon the condominium property. As used herein, the words "one (1) familyiại shall mean and do mean one or more persons related

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АЛОК 42 7 PSE 517

by blood, adoption, or marriage, living and cooking together as a single housekeeping unit. A number of persons, but not exceeding two (2), living and cooking together as a single housekeeping unit, though not related by blood, adoption, or marriage, shall also be deemed to constitute one (1) family. Occupancy of a unit by any inhabitants other than one (1) family, as herein defined, is expressly prohibited. As used herein, the words "by blood shall extend to children, grandchildren, brothers and sisters, nieces and nephews, parents, uncles and aunts, and first cousins, and no other kinships. Other restrictions regarding use of units and the common elements may be adopted in accordance with the terms hereof and as specified in the By-Laws by the Board of Directors. Additionally, restrictions regarding use of units and the common elements are as follows:

(a) No structures of a temporary character, trailer, tent, shack, carport, garage, barn, or other outbuilding shall be used as a residence on any portion of the condominium property, either temporarily or permanently.

(b) Each condominium unit shall be conveyed as a separately designated and legally described freehold estate subject to the terms, conditions, and provisions hereof and of the Georgia Condominium Act.

(c) No animals, livestock, or poultry of any kind shall be raised, bred, or kept on any part of the condominium

property, except that no more than a total of two (2) dogs, cats, or other household pets may be kept by an owner in his or her respective unit, provided that they are not kept, bred, or maintained for any commercial purpose and do not endanger the health or unreasonably disturb the owner of any units or any resident thereof. Notwithstanding this provision, no pet enclosures shall be erected, placed, or permitted to remain on any property subjected to this Declaration. The keeping of pets and their ingress, egress, and travel upon the common elements shall be subject to such rules and regulations as may be issued by the Board of Directors. If any owner or occupant fails to . abide by the rules and regulations and/or covenants applicable to pets, the Board of Directors may bar such pet from use or travel upon the common area or subject such use or travel to a user fee.

(d) No advertising signs (except one of not more than five (5) square feet "For Rent" or "For Sale* sign per unit placed only inside the enclosed unit), billboards, unsightly objects, or nuisances shall be erected, placed, or permitted to remain on the property subject to this Declaration, nor shall such property be used in any way for any purpose which may endanger the health or unreasonably disturb the owner of any unit or resident thereof.

(e) All rubbish, trash, and garbage shall be regularly removed from the premises and shall not be allowed to accumulate

thereon. If trash dumpsters are used to facilitate trash, rubbish, and garbage removal, all such trash, rubbish, and garbage shall be placed therein for removal from the premises.

(f) Except in the limited common element patio appurtenant to a unit, no planting or gardening shall be done, and no fences, hedges, or walls shall be erected or maintained upon the property subjected hereto, except such as have been installed in accordance with the initial construction of the buildings located thereon or as approved by the Association's Board of Directors or their designated representatives. Except for the right of ingress and egress, the owners of units are hereby prohibited and restricted from using any of the property subject to this Declaration outside of their respective units, except as may be allowed by the Association's Board of Directors. It is expressly acknowledged and agreed by all parties concerned that this paragraph is for the mutual benefit of all owners in the development and is necessary for the protection of said owners.

(g) An owner shall do no act nor any work that will impair the structural soundness or integrity of another unit or impair any easement or hereditament, nor do any act nor allow any condition to exist which will adversely affect the other units or their owners, other than as elsewhere may herein be authorized. No vehicle repairs, other than of an emergency nature necessary to remove a vehicle from the premises, shall be permitted on the property subject to this Declaration.

(h) Without the prior written approval and authorization of the Board of Directors, no exterior television or radio antennas of any sort shall be placed, allowed, or maintained upon any portion of the improvements located upon the property subject to this Declaration nor upon any structure situated upon said property, other than, in the discretion of the Board of Directors, an aerial for a master antenna system, should any such master system or systems be utilized and require any such exterior antenna.

(i) No owner or occupant of a unit may use or allow the use of the unit or any portion of the Condominium in such a.

way as unreasonably to annoy other owners or occupants of a por-

tion of the Condominium or as to constitute, in the sole discretion of the Board of Directors, a nuisance. Nothing herein, however, shall be construed to affect the rights of an aggrieved homeowner to proceed individually for relief from interference with his or her property or personal rights.

(j) No boats, boat trailers, campers, vehicles used primarily for recreational purposes, vehicles primarily used for commercial purposes, or vehicles with commercial writings on their exteriors shall be stored, allowed to remain, or continuously parked on the property subject to this Declaration, except in an area, if any, designated by the Board of Directors. The Association is expressly authorized to remove, by towing or other methods, any unlawful or restricted vehicles from the property subject to this Declaration.

(k) No clotheslines shall be permitted on the condominium property, unless approved by the Board of Directors. All equipment, garbage cans, wood piles, and storage piles shall be kept screened by adequate planting or fencing so as to conceal them from the view of neighboring units, the parking areas, and streets. All such equipment, garbage cans, wood piles, and storage piles shall, however, only be permissible on the limited common element patio appurtenant to a unit.

(1) Use restrictions and rules and regulations may be enforced by the imposition of reasonable monetary fines and suspensions of use and voting privileges as provided in Section 13. of the Act. These powers, however, shall not be construed as limting any other legal means of enforcing the use restrictions or rules and regulations of the Association. Any fines so imposed shall be considered an assessment against the unit and may be collected in the manner provided for collection of other assessments.

8. ASSOCIATION MEMBERSHIP. All unit owners, by virtue of their ownership of a unit in the Condominium, are members of the Riverbend East Condominium Association, Inc., and shall be entitled to vote on all matters upon which members of the Association are entitled to vote pursuant to the Declaration and in accordance with the By-Laws. Subject to the provisions of the condominium instruments, such owners shall be entitled to one (1) vote for each unit in which they hold the interest required

for membership, and each unit is allocated a vote weighted in accordance with a unit's percentage interest shown on attached Exhibit Two.

9. ADDITIONAL RIGHTS AND RESTRICTIONS. In addition to the restriction above, the Association, in accordance with the By-Laws, shall have the right to make and to enforce reasonable rules and regulations governing the use of the Condominium, including the units and the common elements. The Association shall have the right to enter into units for emergency, security, and safety, which right may be exercised by the Association's Board of Directors, officers, agents, employees, ' managers, and all policemen, firemen, ambulance personnel, and similar emergency personnel in the performance of their respective duties. Except in an emergency situation, entry shall only be during reasonable hours and after notice to the homeowner. It is intended that this right of entry shall include and this right of entry shall include the right of the Association to enter a unit to cure any condition which may increase the possibility of a fire or other damage in the Condominium in the event an owner fails or refuses to cure the condition upon request by the Board.

10. ASSESSMENTS. The Association shall have the power to impose assessments which shall be apportioned among the owners in accordance with the percentage interest in the common areas appurtenant to the unit, which assessments are the personal obligation of the owner against whom they are assessed and

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are a lien against the unit. The obligation and the lien for assessment shall also include a late or delinquency charge in the amount of the greater of Ten ($10.00) Dollars or ten (10%) percent of the amount of each assessment or installment not paid when due; interest on each assessment or installment not paid when due and on any delinquency fee or late charge apper-. taining thereto from the date the charge was first due and payable at the rate of eight (8%) percent per annum; the cost of collection, including court costs, the expenses of sale, any expense required for the protection and preservation of the unit, and reasonable attorney's fees actually incurred; and the. fair rental value of the unit from the time of institution of suit until the sale at foreclosure.

11. AMENDMENTS. This Declaration may be amended by the affirmative vote, written consent, or any combination of affirmative vote and written consent of the members of the Association holding two-thirds (2/3) of the total votes thereof. Notice of any meeting at which a proposed amendment will be considered shall state the fact of consideration and the subject matter of the proposed amendment. No amendment shall be effective until a certified copy is filed in the Office of the Clerk of the Superior Court of Clarke County, Georgia.

12. PREPARER. This Declaration was prepared by James J. Scavo of Hyatt & Rhoads, P.C., 2200 Peachtree Center Harris Tower, 233 Peachtree Street, N.E., Atlanta, Gcorgia, 30303.

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13. NOTICE OF SALE OR LEASE AND LEASE RESTRICTIONS. (a) Notice Provisions. Any owner who sells or who leases his or her unit shall give notice in writing to the Board of Directors of such sale or of such lease stating the name and address of the purchaser or lessee and such other information as the Board may reasonably require. The Board of Directors shall have authority to make and to enforce reasonable rules and regulations in order to enforce this provision, including the right to impose fines constituting a lien upon the unit sold or leased, pursuant to Section 41 of the Georgia Condominium Act; provided, however, no rule or regulation may create a . right of first refusal in the Association or any other third party, this paragraph solely creating the obligation of an owner to give notice of sale or lease. Notice, as required herein, shall be given, in the case of a lease, not later than fifteen (15) days before commencement of the lease or, in the case of a sale, at least fifteen (15) days before the date of the closing of the sale.

(b) Leasing Provisions. Units may be rented only in their entirety; no fraction or portion may be rented. There shall be no subleasing of units or assignment of leases. No transient tenants may be accommodated in a unit. All leases and lessees are subject to the provisions of the condominium instruments and rules and regulations adopted pursuant thereto. Other than units owned by a first mortgagee who has come into possession or title to a unit through its remedies, as contained in a

first mortgage or a deed in lieu of such remedies, all rentals must be for a term of no less than one (1) year. The unit owner must make available to the tenant copies of the Declaration, By-Laws, and rules and regulations.

Any lease of a unit in the Condominium shall be deemed to contain the following provisions, whether or not expressly therein stated, and each owner covenants and agrees that any lease of a unit shall contain the following language and agrees that if such language is not expressly contained therein, then, such language shall be incorporated into a lease by existence of this covenant on the unit. Any lessee, by occupancy of a unit, agrees to the applicability of this covenant and incorporation of this covenant and the following language into the lease:

(i) Lessee/tenant agrees to abide by and comply with all provisions of the Declaration, By-Laws, and rules and regulations, and agrees to be personally obligated for the payment of all assessments which become due during the terms of tenant's lease or as a consequence of tenant's activities, including, but not limited to, activities which violate provisions of the Act, the Declaration, By-Laws, or the rules and regulations. The above provision shall not be construed to release the unit owner from any obligation, including the obligation for assessments for which he or she would otherwise be responsible.

(ii) Any violation of the Declaration, By-Laws, or rules and regulations is deemed to be a violation of the

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terms of the lease and authorizes the owner/lessor to terminate the lease without liability and to evict the lessee/tenant in accordance with Georgia law. In the event of a violation of the Declaration, By-Laws, or rules and regulations of the Association by the lessee/tenant, the owner shall, upon written demand nade by the Riverbend East Condominium Association, Inc., evict his or her lessee/tenant. A failure of an owner to abide by this provision shall be deemed a violation of the Declaration.

(iii) Any lessee/tenant charged with a violation of the Declaration, By-Laws, or rules and regulations is entitled to the same procedure to which the owner is entitled,. as provided in Article VIII, Section 2, of the By-Laws.

(c) Any unit owner or person having executed a contract for the purchase of a condominium unit requesting a recordable statement certifying to the receipt by the Association of the notice specified in subparagraph (a) of this section or the waiver of the Association's right to receive such a notice shall be furnished such a statement. Any such statement shall be binding on the Association and every unit owner. Payment of a fee not exceeding Twenty-Five ($25.00) Dollars may be required as a prerequisite to the issuance of such.a statement.

14. MORTGAGEES' RIGHTS. Unless at least two-thirds (2/3) of the first mortgagees and unit owners give their consent, the Association or the membership shall not:

(a) by act or omission seek to abandon or terminate the condominium project;

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(b) change the pro rata interest or obligations of any individual condominium unit for the purpose of (i) levying assessments or charges or allocating distributions of hazard insurance proceeds or condominium awards; or (ii) determining the pro rata share of ownership of each.condominium unit in the common elements;

(c) partition or subdivide any condominium unit; (d) by act or omission seek to abandon, partition, subdivide, encumber, sell, or transfer the common elements (the granting of easements for public utilities or for other public purposes consistent with the intended use of the common elements

by the condominium project or architectural changes, as authorized herein, shall not be deemed a transfer within the meaning of this clause; or

(e) use hazard insurance proceeds for losses to any condominium property (whether to units or common elements) for other than the repair, replacement, or reconstruction of such condominium property.

[CONTINUED]

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IN WITNESS WHEREOF, the undersigned officers of the Riverbend East Condominium Association, Inc., hereby certify that the above Amendment to the Declaration and the following Amendment to the By-Laws was duly adopted by the Association and its membership pursuant to the Declaration and By-Laws of the Condominium and the Association.

This 27th day of August • 1981.

RIVERBEND EAST CONDOMINIUM ASSOCIATION, INC.

President

Attest:

Secretary

Sworn to and subscribed

before me this 27th day

of August 1981.

NOTARY PUBLIC

TOTARY

1072

EXHIBIT ONE

DESCRIPTION OF PROPERTY

TRACT I: All that tract or parcel of land lying and being in the 217th District, G.M., Clarke County, Georgia, containing 4.030 acres and being more particularly described as follows: Beginning at a point on the southwest side of Riverbend Parkway, said point being situated 581.90 feet southeast of an iron pin (as measured along the westerly side of said Parkway), said iron pin being situated south 1l degrees east 2186.6 feet the intersection of the south right of way of Service Road and centerline of the southbound lane of Riverbend Parkway. From said beginning point running thence along the southwesterly side of Riverbend Parkway south 36 degrees 19 minutes east 198.3 feet to an 1ron pin; running thence south 73 degrees 53 minutes west 69.3 feet to an iron pin; running thence south 31 degrees 57 minutes west 443 feet to an iron pin; running thence north 58 degrees 03 minutes west 271.6 feet to an iron pin; • running thence north 24 degrees 10 minutes east 127 feet to an iron pin; running thence north 16 degrees 56 minutes west 180.6 feet to an iron pin; running thence north 73 degrees 04 minutes east 190 feet to a point; running thence north 16 degrees 56 minutes west 40 feet to a point; running thence north 73 degrees 04 minutes east 227.3 feet to the beginning point; The above described property is more particularly shown according to a plat by Ben McLeroy & Associates dated March o, 1973, Nood Stone Area I The enteried "survey for Riverbend East The property described above being 1dentified on said plat as "Parcel A-2 - 4.030 Acres," said plat being recorded in Plat Book 14, page 156, in the Office of the Clerk of the Superior Court of Clarke County, Georgia, to which reference is hereby made for a more detailed description of the property.

TRACT II: All that tract or parcel of land lying and being in the 217th District, G.M., Clarke County, Georgia, containing 3.352 acres and being more particularly described as follows: Beginning at an iron pin on the southwest side of Riverbend Parkway, said iron pin being situated south 15 degrees 22 minutes east 3,380.8 feet from the intersection of the south right of way of Service Road and centerline of southbound lane of Riverbend Parkway; running thence along the southwesterly side of Riverbend Parkway south 36 degrees 30 minutes east 398.5 feet to a point; running thence south 30 degrees 32 minues west 240 feet to a point; running thence south 17 degrees 07 minutes east 154 feet to a point; running thence south 40 degrees 38 minutes west 150 feet to a point; running thence north 49 degrees 22 minutes west 82 feet to an iron pin; running thence north 26 degrees 07 minutes west 251 feet to an iron pin; running thence north 12 degrees 10 minutes east 520.8 feet to the beginning point and iron pin;

12 maz 537 18

The above described property is more particularly shown according to a plat by Ben McLeroy & Associates dated March 8, 1973, as revised April 12, 1973, entitled "Survey for Riverbend East Fairview VII-Area 7." The property described above being iden-

TRACT III: All that tract or parcel of land lying and being in che 217th District, G.M., Clarke County, Georgia, containing .149 acres particularly shown on plat entitled "Survey for Riverbend East Community Center Site" made June 13, 1974, by Ben McLeroy & Associates, Engineers and Surveyors, recorded in Plat Book 15, page 30, in the Office of the Clerk of Superior Court of Clarke County, Georgia, and more particularly described as follows:

Beginning at an iron pin on the northeasterly side of Riverbend Parkway, said iron pin being 3771.8 feet southerly of the south' right of way of the Service Road on the southerly side of the proposed Athens South By-Pass as measured along and around the easterly and northeasterly side of said Riverbend Parkway; running thence south 52 degrees 12 minutes east 414.7 feet to an iron pin hereinafter referred to as iron pin "A"; continuing thence north 52 degrees 12 minutes east 30.0 feet to the west bank of the North Oconee River; running thence in a southerly and southeasterly direction along and around the westerly and southwesterly bank of said North Oconee River (said bank being the property line) to a point located more definitely by the courses and distances hereinafter fiven; running thence south 18 degrees 41 minutes west 25.0 feet to a iron pin herein referred to iron pin "B", the surveyor's reference courses and distances between iron pin "A" and iron pin "B" being south 17 degrees 03 minutes east 104.5 feet to an iron pin and thence south 68 degrees 04 minutes east 190.2 feet to said iron pin "B"; continuing thence south 18 degrees 41 minutes west 61.8 feet to an iron pin; running thence south 31 degrees 27 minutes west 266.9 feet to an iron pin; running thence south ? degrees 12 minutes west 221.1 feet to an iron pin on the northeasterly side of said Riverbend Parkway; running thence in a northwesterly direction around the northeasterly side of said Riverbend Be inutes est 81 return there northwestthe chord thereof being north 58 deerly direction around the northeasterly side of said Riverbend Parkway to an iron pin, the chord thereof being north 43 degrees 06 minutes west 77.6 feet; running thence north 36 degrees 18 minutes west 415.3 feet along the northeasterly side of said Riverbend Parkway to the beginning iron pin;

(Page Two, Exhibit One)

A 427027

EXHIBIT TWO

UNIDIVIDED PERCENTAGE INTEREST

A . The approximate floor space and the voting percentage and percentage of common area assigned to each unit in the Woodstone Area 1s as follows:

Voting Percentage and Percentage of Common Building and Unit No. Floor Space Area Owned

A - 151 2314 2.2

A - 153 2043 1.9

A - 155 1931 1.8

A - 157 2314 2.2

B - 159 1931 1.8

B - 161 1931 1.8

B - 163 2043 1.9

B - 165îŚ 2273 2.1

B - 167 2043 1.9

B - 169 1931 1.9

B 171 2415 2.2

C - 166 2314 2.2

- 168 2464 2.2

D - 170 1501 1.4

D - 172 1297 1.2

D - 174 1605 1.5

D - 176śł 1411 1.3

D - 17Ś 1605 1.5

D 180 1883 1.7

- 181 1501 1.4

- 183 1611 1.4

- 185 1605 1.4

187 1297 1.2

E - 189 2314 2.2

F - 191 2464 2.2

F - 193 2273 2.1

F - 195 2314 2.2

F - 197 1883 1.7

F - 199 1501 1.4

The approximately floor space and the voting, percentage and percentage of common area assigned to each unit in the Fernbanks area is as follows:

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Voting Percentage and Percentage of Common Building and Unit No. Floor Space Area Owned

A - 100 2047 1.9

A - 102 1627 1.5

A - 104 1627 1.5

A - 106 2069 2.0

A - 108 2069 2.0

A - 110 1627 1.5

B - 120 1820 1.7

B - 122 1627 1.5

B 124 1820 1.7

B 126 1820 1.7

B - 128 1096 1.0

B - 130 1409

B - 132 1240

B - 134 1240 1.1

C 129 1672 1.6

: - 131 1672 1.6

C - 133 1820 1.7

C - 135 1820 1.7

C - 137 1820 1.7

C - 139 1820 1.7

C 141 1820 1.7

D - 150 2069 2.0

D - 152 1627 1.5

D - 154 2047 1.9

D - 156 1627 1.5

158 1096 1.0

160 1409 1.3

E 162 1240 1.1

164 1240

E 166 1409

E - 168 1240

E - 170 1240 1.1

21 (Page Two, Exhibit Two)

BACK 1270E27

CONSENT OF OWNER

The undersigned owner of a unit at Riverbend East Condominium hereby consents to and votes in favor of the Amended and Restated Declaration of Condominium for Riverbend East

Condominium and the By-Laws attached thereto.

This day of 1981.

Signed, sealed and delivered

in the presence of:

WITNESS NAME

Unit No.

NOTARY PUBLIC

Please Print Name

TATIO ...

BY-LAWS OF

RIVERBEND EAST CONDOMINIUM ASSOCIATION, INC.

HYATT & RHOADS, P.C.

2200 Peachtree Center Harris Tower

Atlanta, Georgia 30303

(404) 659-6600

I. GENERAL

1. Applicability

2Name. ...•••

3 - Membership.

Voting..

5. Majority.

6. Purpose.

II. DEFINITIONS

1. Act..

2. Association.

3Common Elements.

4 . Condominium.

5. Declaration.

6. Mortgage. N

Officer..

8. Owner or Member

9Person.

10. Unit, Dwelling or Residence.

11. Eligible Votes.

III. MEETINGS OF MEMBERS

1. Annual Meetings.

2. Special Meetings. www 3Notice of Meetings.

4. Waiver of Notice.

Quorum.

6. Adjournment.

7Proxy..

8 - Consents.

9. Conduct of Business.

IV. BOARD OF DIRECTORS

A. Composition and Selection.

1. Composition.

2. Election and Term of Office. 5 3. Removal of Members of the Board of Directors. - 5

Vacancies.. 5 5. Compensation . 5

SK 427PS S37

Page

B. Meetings.

6. Organizational Meeting. 5

6 7. Regular Meetings. 6

Special Meetings. 6 9. Waiver of Notice.

10. Conduct of Meetings. 1000 11Action Without a Meeting.

12. Tie Votes..

C. Powers and Duties

13. Powers and Duties

14. Management Agent.

15. Borrowing..

D. Committees..

16. Architectural Standards.

17. Additional Committees

V. OFFICERS

1.

2.

3 - Removal of Officers

President..

5. Vice President. 8 6. Secretary. •

Treasurer.. 8 8. Agreements, Contracts, Deeds, Leases,

Checks, Etc

VI. ASSOCIATION RESPONSIBILITIES

1. Liability and Indemnification of Officers

and Directors. 9

9 3. Repair and Reconstruction. . 11

Architectural Standards. • 13 5. Maintenance Responsibility. .13 VII. ASSESSMENTS

Purpose of Assessment. • 15 Creation of the Lien and Personal

Obligation of Assessments. • 15 Acceleration. .15 Computation of Operating Budget

and Assessments. • 15 Special Assessments . 16

6 427M27

Page Llen lor Assessments. . 16 Capital Budget and Contribution. . 16 8. Statement of Account. .16 VIII. USE RESTRICTIONS AND RULE MAKING

1. Authority and Enforcement.

2. Procedure.

IX. MISCELLANEOUS

1. Notices.•

2. Severability. • 18 3. Captions. • 18

Gender and Grammar. 18 Fiscal Year...

6. Report of Financial Condition.

Conflicts. 8 Condemnation.

9. Amendment..

10. Books and Records. 19

= 127277

BY-LAWS OF

RIVERBEND EAST CONDOMINIUM ASSOCIATION, INC.

Article I

General

Section 1. Applicability. These By-Laws provide for the self government of Riverbend East Condominium in accordance with the Articles of Incorporation for the Riverbend East Condominium Association, Inc. and the Declaration of Condominium for Riverbend East Condominium recorded in the Clarke County, Georgia Records.

Section 2. Name. The name of the corporation is Riverbend Fast Condominium Association, Inc., hereinarter sometimes referred to as the Association.

Section 3. Membership. As provided in the Act, an owner of a unit shall automatically become a member oi the Association upon taking title to the unit and shall remain a member for the entire period of ownership; as may be more fully provided below, a spouse of a member may exercise the powers and privileges of the member. If title to a unit be held by more than one person, the membership shall be shared in the same proportion as the title, but there shall be only one membership and one vote per unit. Membership does not include persons who hold an interest merely as security for the performance of an obligation, and the giving of a security interest shall not terminate the owner's membership. Membership shall be appurtenant to the unit to which it appertains and shall be transferred automatically by conveyance of that unit and may be transferred only in connection with the transfer of title.

Section 4. Voting. Each unit shall be entitled to a vote which may be cast in accordance with the terms herein. vote may be cast by the owner, the owner's spouse, or by a lawru. roxy as provided below and shall be allocated as provided in the Declaration. When more than one person owns a unit, the vote for such unit shall be exercised as they between or among themselves determine, but in no event shall more than one vote be cast with respect to any unit. In the event of disagreement among such persons and an attempt by two or more of them to cast such vote or votes, such persons shall not be recognized and such vote or votes shall not be counted.

Section 5. Majority. As used in these By-Laws, the term "majority" shall mean those votes, owners, or other group as the context may indicate totalling more than fifty (50%). percent

of the total number of eligible votes, owners, or other groups. Unless otherwise specifically stated, the words "majority vote" mean more than fifty (50%) percent of the eligible vote cast in person or by proxy. Unless otherwise provided in the Declaration, Article of Incorporation or these By-Laws, all decisions shall be by majority vote.

Section 6. Purpose. The Association shall have the responsibility of administering the condominium, establishing the means and methods of collecting the contributions to the common expenses, arranging for the management of the condomin1um and performing all of the other acts that may be required to be performed by the Association by the Georgia Condominium Act and the Declaration. Except as to those matters which either the Georgia Condominium Act, the Declaration, or the Georgia Non-Profit Corporation Code specifically require to be performed by the vote of the Association, the administration of the foregoing responsibilities shall be performed by the Board of Directors as more particularly set forth below.

Article II

Definitions

unless the context otherwise requires, the terms as used in these By-Laws, the Declaration and the Articles of Incorporation shall have the following meanings:

Section 1. Act shall mean the Georgia Condominium Act, Ga. Laws 1975, No. 463; Ga. Code Ann. Sections 85-160le et seg., as such act may be amended.

Section 2. Association shall mean the Riverbend East Condominium Association, Inc. and its successors.

Section 3. Common Elements or common areas shall mean that area and property submitted to be part of the condominium but not included within the boundaries of a unit as defined in the Declaration.

Section 4. Condominium shall mean all that property' submitted to the Act as described in the Declaration.

Section 5. Declaration shall mean that document filed of record in the Office of the Clerk of the Superior Court of Clarke County, Georgia for the purpose of submitting the condominium to the Act as such document may be amended from time to time.

Section 6. Mortgage shall refer to any mortgage, deed to secure debt, deed of trust or other transfer or conveyance for the purpose of securing the performance of an obligation,

including but not limited to a transfer or conveyance for such purpose of fee title.

Section 7. Officer shall mean those individuals who are elected by the Board to serve as President, Vice President, Secretary, or Treasurer or such other subordinate offices as the Board may determine necessary.

Section 8. Owner or Member shall mean the record title holder of a unit within the condominium, but shall not mean a mortgage holder.

Section 9. Person shall mean any individual, corporation, firm, association, partnership or other legal entity.

Section 10. Unit, Dwelling, or Residence shall mean that portion of the condominium intended for individual ownership and use as described in the Declaration.

Section 11. Eligible Votes shall mean those votes. any reason be be cast available to be cast on the issue at hand. A vote which is for any reason suspended is not available to be cast.

Other terms shall have their natural meanings or the Profit Corporation Code. meanings given in the Declaration, the Act, or the Georgia Non-

Article III

Meetings of Members

Section 1. Annual Meetings. The regular annual meeting of the members shall be held during the first twenty (20) days of the month of December of each year, at an hour and place set by the Board.

Section 2. Special Meetings. Special meetings of the nembers for any purpose may be called at any time by the President, the Secretary, or Treasurer, and shall be called by request of any two or more members of the Board of Directors, or upon written request of the members who have a right to vote onefourth (1/4) of all of the votes of the entire membership.

Section 3. Notice of Meetings.

of the Secretary to mail or to cause to be delivered to the unit owners a notice of each annual or special mecting of the Association at least twenty-one (21) days prior to each annual meeting, and at least seven (7) days prior to each special meeting. notice shall state the purpose of any special meeting as well as the time and place where the meeting is to be held. Notices shall be delivered personally or mailed to each owner of units of record at his or her unit; if any owner wishes notice to be given

-3-

SOOK 42 7 PAGE 537

at an address other than his or her unit, the owner shall have designated by notice in writing to the Secretary such other address. The mailing or delivering of a notice of meeting in the manner provided in this Section shall be considered service of

Section 4. Waiver of Notice. Waiver of notice of meeting of the owners shall be deemed the equivalent of proper notice. Any owner may, in writing, waive notice of any meeting of the owners, either before or after such meeting. Attendance at a meeting by an owner, whether in person or by proxy, shall place thereof unless such owner specifically objects be deemed waiver by such owner of notitealf the tits to lack of proper notice at the time the meeting is called to order. Attendance at a special meeting shall also be deemed waiver of notice of all business transacted thereat unless objection to lack of notice is raised before the business, of which proper notice was not given, is put to a vote.

Section 5. Quorum. Except as may be provided elsethe presence of owners entitled to cast a majority of the eligible votes of the Association in person or by proxy shal. constitute a quorum.

Section 6. Adjournment. Any meeting of the owners may be adjourned from time to time for periods not exceeding forty-eight (48) hours by vote of the owners holding the majority of the eligible votes represented at such mecting, regardless of whether a quorum is present. Any business which could be transacted properly at the original session of the meeting may be transacted at an adjourned session, and no additional notice of such adjourned session shall be required.

Section 7. Proxy. Any member entitled to vote may do so by written proxy duly executed by the member setting forth the meeting at which the proxy is valid. To be valid, a proxy must be filed with the Secretary prior to the opening of the meeting for which it is to be used and must be dated. No proxy shall be revocable except by written notice delivered to the Association. A proxy shall be automatically revoked if the member who has given such proxy is in attendance at a meeting.

Section 8. Consents. Any action which may be taken by a vote of the owners may also be taken by written consent signed by all owners.

Section 9. Conduct of Business. Roberts Rules of Order (latest edition) shall govern conduct of the meeting when not in conflict with the Declaration, Articles of Incorporation, or these By-Laws.

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ВЛОК 42 7 PAGE S37

Article IV

Board of Directors

Part A. Composition and Selection.

Section 1. Composition. The affairs of the Association shall be governed by a Board of Directors. The Board shall be composed of nine (9) persons. The directors shall be owners of units or spouses of such owners; provided, however, that no owner and his or her spouse may serve on the Board at the same time. Directors shall reside at the condominium.

Section 2.

bie core nave ben sected and, a of the date of atoption of ythese amendments, are serving in office. Those directors presently serving shall remain in office and as the terms for which they were elected expire, successor directors shall be elected by majority vote of those present at the annual or other meeting, a quorum being present. All directors shall be elected for three year terms.

Section 3. Removal of Members of the Board of DirecAt any regular or special meeting of the Association duly called, any one or more of the members of the Board of Directors may be removed with or without cause by a majority of the members and a successor may then and there be elected to fill the vacancy thus created. Any director whose removal has been proposed by the members shall be given at least ten (10) days' notice of the calling of the meeting and the purpose thereof and shall be given an opportunity to be heard at the meeting. Additionally, any member of the Board of Directors who has not attended three unexcused consecutive Board meetings may be removed from the Board by • soare member present at a boate meting, do by quorum being had.

Section 4. Vacancies. Vacancies in the Board of Directors caused by any reason, other than the removal of a director by vote of the Association, shall be filled by a vote of the majority of the remaining directors, even though less than a quocum, at any meeting of the Board of Directors. Each person so selected shall serve until a successor shall be elected at the next annual meeting of the Association to fill the unexpired portion of the term.

Section 5. Compensation. Directors shall not be comensated unless and to the extent the members of the Association authorize at any meeting duly called for that purpose.

Part B. Meetings.

Section 6. ! Organizational Meeting. The first meeting of a newly elected Board shall be held within thirty days of

- 5-

ВЛОК 427 PAGE 537

election at such time and place as may be determined by the Directors.

Section 7. Regular Meetings. Meetings of the Board of Directors shall be held regularly without notice at such time and place as shall be determined from time to time by the Board.

Section 8. Special Meetings. Special meetings of the Board of Directors may be called by the President on three (3) days' notice to each director given by mail, in person or by telephone, which notice shall state the time, place and purpose of the meeting. Special meetings of the Board of Directors shall be called by the President, Secretary or Treasurer in like manner and on like notice on the written request of at least two (2) directors.

Section 9. Waiver of Notice. Any director may, at any time, in writing, waive notice of any meeting of the Board of Directors, and such waiver shall be deemed equivalent to the giving of such notice. Attendance by a director at any meeting. of the Board of Directors shall also constitute a waiver of notice by him or her of the time and place of such meeting. If all directors are present at any meeting of the Board of Directors, no notice shall be required and any business may be transacted at such meeting.

Section 10. Conduct of Meetings. The President shall preside over all meetings of the Board of Directors and the Secretary shall keep a minute book recording therein all resolutions adopted by the Board of Directors and a record of all transactions and proceedings occurring at such meetings. Roberts Rules of Order (latest edition) shall govern the conthe meetings of the Board of Directors when not in

conflict with the Declaration or these By-Laws. A majority of directors shall constitute a quorum for the transaction of

business. A decision of the Board of Directors shall be by a majority of those directors present at a duly called meeting. The President may vote.

Section 11. Action Without a Meeting. Any action by the Board of Directors required or permitted to be taken at any meeting may be taken without a meeting if a majority of the members of the Board of Directors shall individually or collectively consent in writing to such action. Such written consent or consents shall be filed with the minutes of the proceedings of the Board of Directors.

Section 12. Tie Votes. In the event of a tie vote by the Board of Directors, the President may, in addition to his or her vote as a Board member, exercise i supplemental vote to break

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ВОК 127 PAGE 537

Part C. Powers and Duties.

Section 13. Powers and Duties. The Board of Directors shall manage the affairs of the Association and shall have all the powers and duties necessary for the administration of the condominium and may do all such acts and things as are not by the Declaration, Articles of Incorporation, or these By-Laws directed to be done and exercised exclusively by the members. The Board shall have the power to adopt, modify and repeal such reasonable rules and regulations as it deems necessary and appropriate for the governance of the condominium or the administration of the affairs of the Association and to impose sanctions for violations thereof, including, but not limited to, monetary fines; provided, however, the membership may repeal and rescind any rule or regulation adopted by the Board upon call of a meeting and consent of a majority of the total number of eligible votes in the Associa-

Section 14. Management Agent. The Board of Directors may employ for the condominium a professional management agent or agents, at a compensation established by the Board of Directors, to perform such duties and services as the Board of Directors shall authorize.

Section 15. Borrowing. The Board of Directors shall have the power to borrow money for the purpose of repair or restoration of common areas and facilities without the approval of' the members of the Association; provided, however, that the Board shall obtain membership approval if the proposed borrowing is for the purpose of modifying, improving, or adding amenities to the condominium and the total amount of such borrowing exceeds or would exceed Ten Thousand ($10,000) Dollars outstanding debt at any one time.

Part D. Committees.

Section 16. Architectural Standards. The Board may establish an Architectural Standards Committee for the purpose of establishing and maintaining architectural standards on the condominium property as hereinafter provided.

Section 17. Additional Committees. The Board may establish such other committees as it deems desirable.

Article V

Officers

Section 1. Designation. The principal officers of the Association shall be the President, the Secretary, and the Treasurer, all of whom shall be elected by and from the Board of Di-

The Board of Directors may appoint a Vice President,

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BHION: 427 PACE 837

an Assistant Treasurer, an Assistant Secretary, and such other subordinate officers as in its judgment may be necessary. Such subordinate officers shall not be required to be members of the Board of Directors. Except for the offices of Secretary and Treasurer, which may be held by the same person, no person may hold more

Section 2. Election of Officers. The officers of the Association shall be elected annually by the Board of Directors, at the first meeting of the Board following each annual meeting i the members, and shall hold oiiice at the pleasure of the Board of Directors and until a successor is elected.

Section 3. Removal of Officers. Upon the aiiirmative vote of a majority of the members of the Board of Directors, any officer may be removed, either with or without cause, and a successor may be elected.

Section 4. President. The President shall be the' chief executive officer of the Association and shall preside at' all meetings of the Association and of the Board of Directors. The President shall have all the general powers and duties which are incident to the office of the president of a corporation organized under the Georgia Nonprofit Corporation Code, including but not limited to the power to appoint committees from among the members from time to time as he may in his discretion decide is appropriate to assist in the conduct of the affairs of the Association.

Section 5. Vice President. The Vice President, 1f any, shall act in the President's absence and shall have all powers, duties, and responsibilities provided for the President when so acting.

Section 6. Secretary. The Secretary shall keep the minutes of all meetings of the Association and of the Board of Directors and shall have charge of such books and papers as the Board of Directors may direct, and shall, in general, perform all duties incident to the office of the secretary of a corporation organized in accordance with Georgia law.

Section 7. Treasurer. The Treasurer shall have the responsibility for the Association's funds and securities and shall be responsible for keeping full and accurate financial records and books of account showing all receipts and disbursements, for preparing all required financial statements and tax returns, and for the deposit of all monies and other valuable in the name of the Association or the manaring agent in such depositories as may from time to time be designated by the Board of Directors. The Treasurer with the assistance of the Board or its delegate(s) shall be responsible for the preparation of the budget as provided below.

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ВК 427 PACE 837

Section 8. Agreements, Contracts, Deeds, Leases,

All agreements, contracts, deeds, leases, checks and other instruments of the Association shall be executed by at least two (2) officers or by such individual or individuals as may be designated by resolution of the Board of Directors.

Article VI

Association Responsibilities

Section 1. Liability and Indemnification of Officers and Directors. The Association shall indemnify every officer and director against any and all expenses, including counsel fees, reasonably incurred by or imposed upon such officer or director in connection with any action, suit or other proceeding (including settlement of any such action, suit or proceeding if approved by the then Board of Directors) to which he may be made a party by reason of being or having been an officer or director, whether or not such person is an officer or director at the time

expenses are incurred. The officers and directors shall not-be liable for any mistake of judgment, negligence or otherwise, except for their own individual willful misfeasance or malfeasance. The officers and directors shall have no personal liability with respect to any contract or other commitment made by them, in good raith, on behalf of the Association (except to the extent that such officers or directors may also be members of the Association) and the Association shall indemnify and forever hold each such officer and director free and harmless against any and all liability to others on account of any such contract or commitment. Any right to indemnification provided for herein shall not be exclusive of any other rights to which any officer or director, or former officer or director, may be entitled. The Association shall as a common expense maintain adequate general liability and, if obtainable, officers' and directors' liability insurance to fund this obligation and the insurance shall be written as provided in Section 2 of this Article VI.

Section 2. Insurance. The Association shall obtain and maintain at all times as a common expense insurance as required by Section 39 of the Act and as required herein. All such insurance coverage shall be written in the name of the Association as trustee for itself each of the owners and the mortgagees of owners, if any. It shall be the duty of the Board of Directors at least annually to conduct an insurance review to determine if the policy in force is adequate to meet the needs of the Association and to satisfy the requirements of Section 39 of the Act. Such responsibility may be performed, and shall be deemed reasonably performed, by the Roard requesting the Association's insurance agent to verify that the insurance policies in existence meet the needs of the Association and satisfy the requirements of Section 39 of the Act. Such insurance shall run to the benefit of the Association, the respective unit owners and their

-9-

AnnK 427 PAGE S37

respective mortgagees, as their interests may appear. The improvements and betterments made by the individual unit owners shall be excluded from this required coverage, but each owner shall have the right to obtain additional coverage for such improvements, betterments, or personal property at his or her own expense. The policy may contain a reasonable deductible, and the amount thereof shall be added to the face amount of the policy in determining whether the insurance equals at least the full replacement costs.

(a) The Board of Directors shall utilize every reasonable effort to secure a master policy covering physical damage that will provide the following:

(1) That the insurer waives its rights of subrogation of any claims against directors, officers, the managing agent, the individual owners and their respective household

(2) That the master policy on the condominium cannot be cancelled, invalidated, or suspended on account of the conofficer or employee of the Association or to the Association and to all mortgagees of units to cure the defect and the allowance of a reasonable time thereafter within which the defect may be cured.

(3) That any "no other insurance" clause contained in the master policy shall expressly exclude individual unit owners' policies from its operation.

(4) That until the expiration of thirty (30) days after the insurer gives notice in writing to the mortgagee of any unit, the mortgagee's insurance coverage will not be affected or Jeopardized by any act or conduct of the owner of such unit, the other unit owners, the Board of Directors, or any of their agents, empioyees, or household members, or canceled for nonpayment of premiums.

*tane to the Board of bite ere sh 36

of units.

(6) An agreed value endorsement.

(7) That the deductible amount per occurrence shall be determined by the Board of Directors.

(b) All policies of insurance shall be written with a company licensed to do business in the State of Georgia and

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BOY. 427 PAGE 537

holding a rating of XI or better in the Financial Category as established by A.M. Best Company, Inc., if available, or, if not available, the best rating available, and the company shall provide insurance certificates to each owner and each mortgagee.

(c) 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. Each unit owner shall notify the Board of Directors of all structural improvements made by the unit owner to the unit. Any unit owner who obtains an individual insurance policy covering any portion of the condominium, other than improvements and betterments made by such owner at his or her expense and personal property belonging to such owner, shall file a copy of such individual policy or policies with the Board of Directors within thirty (30) days after the purchase of such insurance. Such owner shall also promptly notify, in writing, the Board of Directors in the event such policy is canceled.

(d) In addition to the insurance required above, the Board shall obtain as a common expense:

(1) Workmen's compensation insurance if and to the extent necessary to meet the requirements of law.

(2) Public liability and officers' and directors' liability insurance in such amounts as the Board may determine but in no event less than that required by Section 39 of the Act. Such insurance shall contain a cross liability endorsement.

(3) Fidelity bonds covering officers, directors, employees and other persons who handle or are responsible for handling Association funds. Such bonds shall be in an amount equal to at least one hundred fifty (150%) percent of the reserve on hand at the beginning of each year plus three months' operating expenses of the Association and shall contain waivers of any defense based upon the exclusion of persons serving without compensation.

(4) Such other insurance as the Board of Directors may determine to be necessary.

(e) Insurance carried by the Association as a common expense shall not include any part of a unit neither depicted on the original plats and plans nor included in the original mortgage, nor shall the Association include public liability insurance for individual owners for liability arising within the unit.

Section 3. Repair and Reconstruction. In the event of damage to or destruction of all or any part of the condominium

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Влож 427 PAGE 537

as a result of fire or other casuaity, unless the owner (s) of al. affected units and members holding at least ninety percent (90% of the votes of the Association elect not to proceed with the reconstruction and repair of the structure, the Board of Directors or its duly authorized agent shall arrange for and supervise the prompt repair and restoration of the structure in accordance with the original plats and plans.

The procedure for repair and reconstruction shall be:

Cost Estimates. Immediately after a fire or other casualty causing damage to the condominium the Association shall obtain reliable and detailed estimates of the cost of repairing and restoring the structures (including any damaged unit) to a condition as good as that existing before such casualty. Such costs may also include professional fees and premiums for such bonds as the Board of Directors determines to be necessary.

(b) Source and Allocation of Proceeds. If the proceeds of insurance are not sufficient to defray the estimated costs of reconstruction and repair as determined by the Board of Directors, or if at any time during the reconstruction and repair or upon completion of reconstruction and repair the funds for the payment of the costs thereof are insufficientif assessments shall be made against all of the unit owners. after repair and reconstruction is completed there is a surplus of funds, such funds shall be common funds of the Association to be used as directed by the Board of Directors.

Plans and Specifications. Any such reconstruction or repair shall be substantially in accordance with the plans and specifications under which the condominium was originally constructed.

(d) Encroachments. Encroachments upon or in favor of units which may be created as a result of such reconstruction or repair shall not constitute a claim or basis for any proceeding or action by the unit owner upon whose property such encroachment exists, provided that such reconstruction was substantially in accordance with the architectural plans under which the condominium was originally constructed. Such encroachments shall be allowed to continue in existence for so long as the reconstructed. building shall stand.

(e) Construction Fund. The net proceeds of the insurance collected on account of a casualty and the funds collected by the Association from assessments against unit owners on account of such casualty shall constitute a construction fund which shall be disbursed in payment of the cost of reconstruction and repair in the manner set forth in this Section.

(f) Method of Disbursement. The construction fund shall be paid by the Association in appropriate progress payments

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20OK 427 PAGE S37

to such contractor(s), supplier(s), and personnel performing the work or supplying materials or services for the repair and reconstruction of the buildings as are designated by the Board of Directors.

Section 4. Architectural Standards. The Board of D1rectors, subject to this section 4, may allow such encroachments onto the common elements as it deems acceptable. No owner, occupant, lessee or lessor, or any other person may make any enor construction (including planting), exor erect, place, de post roachment onto the common elements any sign, object, light, or thing on the exterior of the buildings or any other common element without first obtaining the written approval of the Board or its delegate. Application shall be in writing and shall provide such information as the Board may reasonably require. The Board or its delegate may publish written architectural standards for exterior and common element alterations or additions. Each such requested change shai. be in harmony with the external design of the existing units and the . location in relation to surrounding structures and topography of the vicinity. In the event that the Board or its delegate fails to approve or to disapprove such application within thirty (30) aays arter it shall have been submitted, its approval will not be required and this Section 4 will be deemed complied with. As a condition of approval for a requested architectural change, modification, addition or alteration, an owner on behalf of him or herself and his or her successors in interests shall assume all responsibilities for maintenance, repair, replacement and insurance to and on such change, modification, addition or alteration. In the discretion of the Board, an owner may be made to verify such condition of approval by written instrument acknowledged by such owner on behalf of him or herself and his or her successors in interest.

Section 5. Maintenance Respons1b1l1ty

(a) By the Owner. Except as provided in subsection b of this section, each unit owner shall have the obligation to maintain and keep in good repair all portions of the unit. addition, each unit owner shall be responsible for the care, maintenance, and upkeep of all limited common elements assigned to a unit, other than the paved approach from the sidewalk to the unit, the front porch or stoop, and the lawn space in front of each unit. In explanation of the forcing, and not to be construed as a limitation, each unit owner shall maintain and keep in good repair all patio gates, patio rate hardward, patio anc deck fences, railings, patio surraces and riooring, glass surfaces of the unit, all doors, doorway frames, hardware that is part of the entry and window systems, window frames, the air conditioning and heating units serving the unit, if any, and all pipes, lines, ducts, conduits or other apparatus serving only

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RINK 427 PAGE S37

the unit when located within a unit's boundaries (including all gas, electricity, or water, pipes, lines, ducts, conduits, or other apparatus).

(b) By the Association. The Association shall maintain and keep in good repair as a common expense all of the condominium property not required to be maintained and kept in good order by an owner. In the event the need for maintenance repair or replacement which is the responsibility of the Association hereunder is caused through the willful or negligent act of an represent, or ma stenane work meeted and an ef ned past so accompiish such repair, replacement or maintenance work. Owner shall have fifteen (15) days within which to pay the Associatior such estimated cost and in the event of a failure to pay, such cost shall be added to and become a part of the assessment to which such Owner is subject and shall become a lien against the unit.

Insurance Deductibles. If maintenance is required as a result of an insured loss, the amount of the deductible shall be considered a maintenance expense to be paid by the person or persons who would be responsible for such repair in the absence of insurance. If the loss affects more than one unit or a init and the common area, the cost of the deductible may be apportioned equitably by the Board among the parties suffering loss in accordance with the total cost of repair.

(d) Failure to Maintain. If the Board of Directors of the Association determines that any Owner has failed or refused to discharge properly his obligations with regard to the maintenance, repair, or replacement of items for which he is responsible hereunder including a failure to maintain, repair, or replace a condition which may increase the possibility of fire or other loss or damage to the condominium, the Association, except in an emergency situation in which case the Association may immediately proceed without notice, shall give the Owner written notice of the Association's intent to provide such necessary maintenance, repair or replacement, at Owner's sole cost and expense, and setting forth with reasonable particularity the maintenance, repairs or replacement deemed necessary. Owner shall have fifteen (15) days within which to complete said maintenance, repair or replacement, or if such maintenance, repair or replacement is not capable of completion within said fifteen (15) day period, to commence said maintenance, repair or replacement. If any Owner does not comply with the provisions hereof, the Assorepair or replacement and become a part of the assessment to which such Owner is subJect and shall become a lien against the unit.

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Article VII

Assessments

Section 1. Purpose of Assessment. The assessments for common expenses provided for herein shall be used for the general purposes of promoting the recreation, health, safety, welfare, common benefit and enjoyment of the owners and occupants of units in the Condominium as may be more specifically authorized from time to time by the Board. Assessments may be used to compensate officers and directors only if approved by a majority vote of the Association.

Section 2. Creation of the Lien and Personal Obligation of Assessments. Each owner of any unit by acceptance of a Deed therefor, whether or not it shall be so expressed in such Deed, is deemed to covenant and agree to pay to the Association: (1) annual assessments or charges, and (2) special assessments to be established and collected as hereinafter provided, and (3) specific assessments against any particular unit which are established pursuant to the terms of these By-Laws or the

Declaration. All such assessments, together with charges, interest, costs, and reasonable attorney's fees as provided in the Declaration and in the maximum amount permitted by the Act, she unit against ice in hat made thaten upon shall also be the personal obligation of the person who was the owner of such unit at the time when the assessment fell due. Each owner shall be liable for his or her portion of each

assessment coming due while he or she is the owner of a unit and his or her grantee shall be jointly and severally liable for such portion thereof as may be due and payable at the time of

conveyance. Assessments shall be paid in such manner and on such dates as may be fixed by the Board of Directors; unless otherwise provided, the annual assessments shall be paid in monthly

installments due on the first day of a month.

Section 3. Acceleration. If a unit owner shall be in default in payment of an installment of an assessment, including but not limited to the monthly installments based on the annual budget, the Board of Directors may accelerate the remaining installments upon ten days written notice to such unit owner, whereupon the entire unpaid balance of the annual assessment shall become due upon the date stated in such notice.

Section 4. Computation of Operating Budget and Assessment. It shall be the duty of the Board to prepare a budget covering the estimated costs of operating the condominium during the coming year. The Board shall cause the budget and the assessments to be levied therefrom against each unit for the following year to be delivered to each member at least ten (10) days prior to the meeting. The budget and assessment established therefrom shall become and be effective unless disapproved at the meeting

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at which it is proposed by a vote of sixty-six and two-thirds (66 2/3%) percent of the total association eligible vote. Notwithstanding the foregoing, however, in the event that the membership disapproves the proposed budget or the Board fails for any reason so to determine the budget for the succeeding year, then and until such time as a budget shall have been determined as provided herein, the budget in effect for the current year shall continue for the succeeding year.

Section 5. Special Assessments. If the assessment proves inadequate for any year, the Board may at any time levy a prior to becoming effective, any special assessment shaii that special assessment against al. owners; provided, nowever approved by the affirmative vote of a majority of the eligible votes present in person or by proxy at a meeting duly called for that purpose.

Section 6. Lien for Assessments. The Association shall have full and complete lien rights as provided or permitted by Section 41 of the Act, and the lien shall specifically include the maximum costs, charges, fees, and rents set out il he Declaration and in Section 41(b) of the Act.

Section 7. Capital Budget and Contribution. The Board of Directors may annually prepare a capital budget which shall take into account the number and nature of replaceable assets, the expected life of each asset, and the expected repair or replacement cost. The Board may set the required capital contribution, if any, in an amount sufficient to permit meeting the rojected capital needs of the Association, as shown on the apital budget, with respect both to amount and timing by equa. annual assessments over the period of the budget. The capital contribution required may be fixed by the Board and included within the budget and assessment as provided in Section 4 of this Article. A copy of the capital budget shall be distributed to each member in the same manner as the operating budget.

Section 8. Statement of Account. Any owner, mortgagee, or a person having executed a contract for the purchase of a unit or a lender considering a loan to be secured by a unit shall be entitled upon written request to a statement from the Association setting forth the amount of assessments due and inpaid, including any late charges, interest, fines, or other charges against a unit. The Association shall respond in writing within five days of receipt of the request for a statement; provided, however, the Association may require the payment of a fee, not exceeding $10.00, as a prerequisite to the issuance of such a statement.

Article VIII

Use Restrictions and Rule Making

Section 1. Authority and Enforcement. The condominium shall be used only for those uses and purposes set out in

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the Declaration. The Board of Directors shall have the authority to make, modify, repeal and to enforce reasonable rules and regulations governing the conduct, use, and enjoyment of units and the common elements, provided copies of all such rules and regulations be furnished to all owners. The Board shall have the power to impose reasonable fines which shall constitute a lien upon the property and to suspend an owner's right to use the common elements and to vote for any violation of any duty imposed under the Declaration, these By-Laws or any rules and regulations duly adopted hereunder.

Section 2. Procedure. The Board shall not impose a fine upon a member or other occupant unless and until the following procedure is followed:

Written demand to cease and desist from an alleged violation shall be served upon the alleged violator specifying: (1) the alleged violations; (11) the action required to abate the violation, and (111) a time period, not less than five (5) days, during which the violation may be abated without. further sanction, if such violation is a continuing one or a statement that any further violation of the same rule may result in the imposition of sanction after notice and hearing if the violation is not continuing.

Notice. Within twelve months of such demand, 1f the violation continues past the period allowed in the demand for abatement without penalty, or if the same rule is subsequently violated, the Board shall serve the violator with written notice of a hearing to be held by the Board in session. The notice shall contain: (1) the nature of the alleged violation; (11) the time and place of the hearing, which time shall be not less than ten (10) days from the giving of the notice; (111) an invitation to attend the hearing and produce any statement, evidence and witnesses on his or her behalf; and (iv) the proposed sanction to be imposed.

(c) Hearing. The hearing shall be held in executive session pursuant to this notice affording the member a reasonable opportunity to be heard. Prior to the effectiveness of any sancion hereunder, proof of notice of the invitation to be heard shall be placed in the minutes of the meeting. Such proof shall be deemed adequate if a copy of the notice together with a statement of the date and manner of delivery is entered by the officer or director who delivered such notice. The notice requirement shall be deemed satisfied if a violator appears at the meeting. The minutes of the meeting shall contain a written statement of the results of the hearing and the sanction, if any, imposed.

Article IX

Miscellaneous

Section 1. Notices. Unless otherwise provided in these By-Laws all notices, demands, bills, statements or other

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communications under these By-Laws shall be in writing and shall be deemed to have been duly given if delivered personally or if sent by United States mail, first class postage prepaid:

(a) If to a unit owner, at the address which the unit owner has designated in writing and filed with the Secretary, or if no such address has been designated, at the address of the unit of such owner; or

(b) If to the Association, the Board of Directors or the Managing Agent, at the principal office of the Association or the Managing Agent, if any, or at such other address as shall be designated by notice to the owners in accordance with subsection (a) hereof.

Section 2. Severability. The invalidity of any part of these By-Laws shall not impair or affect in any manner the validity, enforceability or effect of the balance of these By-

Section 3. Captions. The captions herein are inserted only as a matter of convenience and for reference, and in no way define, limit or describe the scope of these By-Laws or the intent of any provision thereof.

Section 4. Gender and Grammar. The use of the masculine gender in these By-Laws shall be deemed to include the feminine gender, and the use of the singular shall be deemed to whenever the context include the plural whenever the context so requires.

Section 5. Fiscal Year. The fiscal year shall be set by resolution of the Board of Directors. In the absence of a resolution by the Board, the fiscal year shall run from January 1 of each year until December 31 of that year.

Section 6. Report of Financial Condition. At each annual meeting the Board shall report to the members concerning the financial condition of the association.

Section 7. Conflicts. In the event of conflicts between the Act, the Declaration and these By-Laws, the Act and the Declaration shall control in that order.

Section 8. Condemnation. In the event of a taking by condemnation or by eminent domain, the provisions of Section 6 of the Act shall prevail and govern.

Section 9. Amendment. These By-Laws may be amended by the affirmative vote, written consent, or any combination ol affirmative vote and written consent of the members holding twothirds (2/3) of the total vote of the Association. Notice of any

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meeting at which an amendment will be considered shall state that fact and the subject matter of the proposed amendment. No amendment shall become effective until it is recorded in the Records of Clarke County, Georgia.

section 10. Books and Records. All members of the issociation shall, upon written request, be entitled to inspect all books and records of the Association during normal business hours at the office of the Association or other place designated reasonably by the Board of Directors as the depository of such books and records.

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CERTIFICATE OF RESOLUTION IN LIEU OF MEETING

BY RIVERBEND EAST CONDOMINIUM ASSOCIATION, INC.

The undersigned, being the Directors of The Riverbend East Condominium Association, Inc. (the "Corporation'") do hereby make the following resolution in lieu of meeting, pursuant to the terms and conditions of Article IV, Section 11 of the Bylaws of the Corporation, for the intents and purposes more particularly described below. This Resolution, upon execution, shall be delivered to the Secretary for the Corporation for filing in the corporate records as provided in said Bylaws.

Recitals:

WHEREAS, governance in the Corporation is vested in its Board of Directors (the "Board"), who are charged with enforcing the rules of the community pursuant to the Bylaws of Riverbend East Condominium Association, Inc. and the Declaration of Condominium for Riverbend East ( collectively the "Bylaws) as recorded in the land records of Athens-Clarke County, Georgia; and

WHEREAS, pursuant to Part C, Section 13 of the Bylaws, the Board of Directors shall manage the affairs of the Association and shall have the power to adopt, modify or repeal community rules and regulations as it deems necessary for the appropriate governance of the community; and

WHEREAS, pursuant to Section 7(a) of the Declaration, all units within the community are restricted to exclusively residential use by no more than two (2) unrelated persons and no business may be conducted on the condominium property; and

WHEREAS, pursuant to Section 7(i) of the Declaration, no owner may use any unit in such a way as to unreasonably annoy other owners or occupants or which would otherwise constitute a nuisance, per the sole discretion of the Directors; and

WHEREAS, it has come to the attention of the Board that several owners within the community have made their units available for short-term rentals (defined as occupancy of less than thirty (30) days) through online property sharing platforms such as AirBnB, VRBO or

Homeaway.com; and

WHEREAS, such short-term rental activities have adversely impacted the use and enjoyment of adjacent properties by other owners within the community; and

WHEREAS, the Board has determined that the best interests of the community would be served by prohibiting such short-term rentals within the community.

NOW THEREFORE, it is hereby resolved that, Short Term Rentalshall be defined as occupancy of any unit by any person or persons other than the owner or primary occupant for thirty (30) days or less; and

IT IS FURTHER RESOLVED that the Directors have determined that Short Term Rental shall be considered a violation of the Bylaws, specifically as a violation of the provisions set forth in Sections 7(a) and (i) of the Declaration, effective thirty (30) days from the provision of notice to all members of the association as described herein; and

IT IS FURTHER RESOLVED that the Directors shall provide notice to all owners of this policy decision in writing as provided by the Bylaws; and

IT IS FURTHER RESOLVED that the Directors shall convene in a separate, special meeting pursuant to the Bylaws to determine the appropriate enforcement and penalty procedures for violations of said prohibition, including but not limited to the appointment of a committee to investigate, enforce or otherwise effectuate this community policy decision.

In witness whereof, the undersigned have executed the foregoing Certificate of Resolution, this the 1o day of Hebriou ·→ 2020.

RIVERBEND EAST CONDOMINIUM ASSOCIATION, INC.

yak Tato, Preadent

Jean Estes, President