The Lodge of Athens Covenants

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Deod

Recorded 03/10/2005 11:58A Doc: AGRE

Gorgia Intangible Tax Paid: $0.00

BEVERLY LOGAN

CLERK SUPERIOR COURT, ATHENS-CLARKE COUNTY 13k: 02829 P8 0354-0359

Keturn to: Weissman, Nowack, Curry & Wilco, P.C.

One Alliance Center, iồẠạFloor

3500 Lenox Road

Atlanta, GA 30326

Attention: DRM

Reference: Deed Book 2766

Page 135

FIRST AMENDMENT TO THE DECLARATION OF CONDOMINIUM

FOR THE LODGE AT ATHENS CONDOMINIUM

This FIRST AMENDMENT TO THE DECLARATION OF CONDOMINIUM FOR THE

LODGE AT ATHENS CONDOMINIUM is made on the date set forth below by THE LODGE AT

ATHENS CONDOMINIUM ASSOCIATION, INC., a Georgia non-profit corporation (hereinafter

referred to as the "Association").

WITNESETH:

WHEREAS, on November 9, 2004, that certain Declaration of Condominium for The Lodge al

Athens Condominium was recorded in Deed Book 2766, Page 135, et seq.. Athens-Clarke County, Georgia

records (herein the "Declaration");

WHEREAS, a plat related to the Condominium was filed in Condominium Plat Book C2, Pages 11-

113, Athens-Clarke County, Georgia Records;

WHEREAS, floor plans relating to the Condominium were filed in Condominium Floor Plan Folder

230, Athens-Clarke County, Georgia Records;

WHEREAS, Paragraph 23 of the Declaration provides that the Declaration may be amended by the

affirmative vote and/or written consent of the members of the Association holding at least two-thirds (2/3) of

the total eligible votes thereof;

WHEREAS, the written consent of the Association members of at least two-thirds (2/3) of the total

votes thereof, exclusive of votes appurtenant to any Unit owned by Declarant, is evidenced on Exhibit "A"

attached hereto and incorporated herein by this reference;

WHEREAS, the Declarant, Campus Lodge of Athens, Ltd., a Florida limited partnership, has

consented to this Amendment;

WHEREAS, this Amendment is a material amendment under Paragraph 22 of the Declaration and

Eligible Mortgage Holders who represent at least fifty-one percent (51%) of the votes of Units that are

subject to Mortgages held by Eligible Mortgage Holders have approved this Amendment in writing or

deemed to have approved this Amendment by failure to submit a written response within thirty (30) days

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after receiving notice of the proposed amendment sent by certified or registered mail, return receipt

requested; and

NOW, THEREFORE, in accordance with O.C.G.A. § 44-3-93 of the Georgia Condominium Act

and Paragraph 22 of the Declaration, the Association and members of the Association holding at least two-

thirds (2/3) of the total eligible Association vote, exclusive of votes appurtenant to any Unit owned by

Declarant, and the necessary number of Eligible Mortgage Holders hereby amend the Declaration as follows:

1.

Paragraph 15 of the Declaration is hereby deleted in its entirety and replaced with the following:

15. LEASING.

The Board shall have the power to make and enforce reasonable rules and regulations and to fine, in

accordance with the Declaration and Bylaws, in order to enforce the provisions of this Paragraph.

"Leasing." for the purposes of this Declaration, is defined as regular, exclusive occupancy of a Unit by any

Person other than the Owner; provided, however, for the purposes of this Declaration, Leasing shall not

include exclusive occupancy by the child or parent of an Owner. For purposes hereof, occupancy by a

roommate of an Owner who occupies the Unit as such Owner's primary residence shall not constitute

Leasing hereunder. Leasing of all Units shall be governed by the following provisions:

(a) Notice. At least seven (7) days prior to entering into the lease of a Unit, the Owner shall

provide the Board with a copy of the proposed lease agreement. The Board shall approve or disapprove the

form of said lease. In the event a lease is disapproved, the Board shall notify the Owner of the requisite

action to be taken in order to bring the lease in compliance with the Declaration and any rules and

regulations adopted pursuant thereto.

(b) General. A fraction or portion of a Unit may be leased. All Icases shall be in writing and in

a form approved by the Board prior to the effective date of the lease. The Board may maintain and, upon

request. provide a form that is deemed acceptable. All leases must be for an initial term of not less than two

(2) months, except with written Board approval, which shall not be unreasonably withheld in cases of undue

hardship. Within ten (10) days after executing a lease agreement for the lease of a Unit, the Owner shall

provide the Board with a copy of the lease and the name of the lessce and all other people occupying the

Unit. The Owner must provide the lessee copies of the Declaration, Bylaws, and the rules and regulations.

Nothing herein shall be construed as giving the Association the right to approve or disapprove a proposed

lessee; the Board's approval or disapproval shall be limited to the form of the proposed lease.

(c) Liability for Assessments, Use of Common Elements, and Compliance with Declaration,

Bylaws, and Rules and Regulations. 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 the lease by existence of this covenant, and the lessee, by occupancy of

the Unit, agrees to the applicability of this covenant and incorporation of the following language into the

lease:

Compliance with Declaration, Bylaws, and Rules and Regulations. The lessee

shall comply with all provisions of the Declaration, Bylaws, and rules and regulations adopted

pursuant thereto and shall control the conduct of all other Occupants and guests of the leased Unit in

order to ensure such compliance. The Owner shall cause all Occupants of his or her Unit to comply

with the Declaration, Bylaws, and the rules and regulations adopted pursuant thereto, and shall be

responsible for all violations by such Occupants, notwithstanding the fact that such Occupants of

First Amendment to Declaration - leasing 10931-002

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living with the lessee, violates the Declaration, Bylaws, or a rule or regulation for which a fine is the Unit are fully liable and may be sanctioned for any such violation. If the lessee, or a Person

assessed against the lessee in accordance with Article V of the Bylaws. If the fine is not paid by the imposed, notice of the violation shall be given to the Owner and the lessee, and such fine may be

lessce within the time period set by the Board, the Owner shall pay the fine upon notice from the Association of the lessee's failure to pay the fine. Unpaid fines shall constitute a lien against the

by the lessee, any Occupant, or any guest of lessee, is deemed to be a default under the terms of the Any violation of the Declaration, Bylaws, or rules and regulations adopted pursuant thereto

lease and authorizes the Owner to terminate the lease without liability and to evict the lessee in

accordance with Georgia law. The Owner hereby delegates and assigns to the Association, acting through the Board, the power and authority of enforcement against the lessee for breaches resulting

from the violation of the Declaration, Bylaws, and the rules and regulations adopted pursuant thereto, including the power and authority to evict the lessce as attorney-in-fact on behalf and for

the lessee, any costs, including reasonable attorneys' fees actually incurred and court costs, the benefit of the Owner, in accordance with the terms hereof. If the Association proceeds to evict

associated with the eviction shall be an assessment and lien against the Unit.

(#) Use of Common Flements. The Owner transfers and assigns to the lessee, for the

including but not limited to, the use of any and all recreational facilities and other amenities. term of the lease, any and all rights and privileges that the Owner has to use the Common Elements,

(i) Liability for Assessments. When an Owner who is leasing his or her Unit fails to

after it is due and payable, then the delinquent Owner hereby consents to the assignment of any rent pay any annual or special assessment or any other charge for a period of more than thirty (30) days

shall pay to the Association all unpaid annual and special assessments and other charges payable received from the lessee during the period of delinquency, and, upon request by the Board, lessee

lessee need not make such payments to the Association in excess of, or prior to the due dates for, during and prior to the term of the lease and any other period of occupancy by lessee. However,

lessee shall reduce, by the same amount, lessee's obligation to make monthly rental payments to monthly rental payments unpaid at the time of the Board's request. All such payments made by

Jessor. If lessee fails to comply with the Board's request to pay assessments or other charges, lessee shall pay to the Association all amounts authorized under the Declaration as if lessee were an

including the obligation for assessments, for which he or she would otherwise be responsible. Owner. The above provision shall not be construed to release the Owner from any obligation,

to any leasing transaction entered into by Declarant (regardless of whether said lease is entered into prior to Applicability of this Paragraph. Notwithstanding the above, this Paragraph shall not apply

pursuant to Article III, Part A, Section 2 of the Bylaws), the Association, or the holder of any first Mortgage or after the expiration of Declarant's right to appoint and remove officers and directors of the Association

on a Unit who becomes the Owner of a Unit through foreclosure or any other means pursuant to the

2.

Except as amended hereby, the Declaration shall remain in full force and effect.

First Amendent to Declaration - leusing [SIGNATURES COMMENCE ON FOLLOWING PAGE]

10931-002

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IN WITNESS WHEREOF, the undersigned persons, being the officers of the Association, haye

executed this First Amendment and hereby certify that this First Amendment was duly adopted this J31h day of __

Jane 7 _, 2005.

ASSOCIATION:

Signed, sealed and delivered THE LODGE AT ATHENS CONDOMINIUM

this 13th day of han wary, 2005. ASSOCIATION, INC.,

a Georgia non-profit corporation

Vany A. Kerkonder

Witness By:

Noreen etteen Frank C. Silcox, its President and Secretary

Notary Public IXOREEN STEEN

My Commission Expires: EXPIRES: October 23, 2005

[NOTARY SEAL] 1.800.3.MOTARY FL Notary Service & Bonding, inc.

[CORPORATE SEAL.]

DECLARANT: CAMPUS LODGE OF ATHENS, LTD.,

a Florida limited partnership

By: Campus Lodge of Athens, Inc.,

its general manager

By: trama l. _(SEAL)

Name: Frank C. Silcox

Signed, scled, and delivered Title: PresidenT

this 13t day of January. 2005

in the presence of:

Many A. Kerkonder

Notary Public

[NOTARY SEAL]

DOREEN STEEN

*OY ROE MY COMMISSION # DDO62AS

1-800-31.CTARY FL. Notary Service & Bonding, inc. EXPIRES: Octolier 23, 200S

10931-002 First Amendment to Declaration - leasing

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EXHIBIT "A"

CONSENT OF MEMBERS

The undersigned Owners hereby consent to the foregoing First Afnendment to the Declaration of

Condominium for The Lodge at Athens Condominium: Ind Signed. sealed and delivered By: alert 3ł

this day of _, 200 Name:

Alexis J. Rivera cler

Witnes:: By:

Name: Deborah V. Rivera

Notary Public Owner(s) of Unit Number(s) 1138

My Coromission Expires:

[NOTARY SEAL]

Signed, sealed and delivered By:

this 8 day or February, 2004 Name: Hector L. Rivera

Witness By: Diana L

Name: Debra C. Riveratin

Owner(s) of Unit Number(s) _ 1133

Notary Public MIRIAM MELENDEZ

My Commission Expi Notary Public - State of Florida

[NOTARY SEAL] My Commission Expires Mar 3, 2006

Commission # DD 098902

Bonded By National Notary Asan

Signed, sealed and delivered By:

this day of _, 200 Name:

Witness By:

Name:

Notary Public Owner(s) of Unit Number(s)

My Commission Expires:

[NOTARY SEAL]

Signed, sealed and delivered By:

this _ _ ‹lay of → 200 Name

Witness By:

Name:

Notary Pullic Owner(s) of Unit Number(s) _

My Commission Expires:

[NOTARY SEAL]

10931-002ł Fitst Amendrent to Declaration - leasing

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EXHIBIT "A" (continued)

The undersigned Owners hereby consent to the foregoing First Amendment to the Declarat.

Condoninium for The Lodge at Athens Condominium:

Signed, sealed and delivered By:

tus " day ot y JOAN MOFFATT

By:

Aces Name:

Owner(s) of Unit Number(s)

Notary Pablic

[NOTAKY SEAL]

Signed, scaled and delivered By:

this day of → 200 Name:

By:

Witness Name:

Owner(s) of Unit Number(s)

Notary Public

My Cominission Expires:

[NOTARY SEAL]

Signed, scaled and delivered By:

this _ day of _, 200 Name:

By:

Witness Name:

Owner(s) of Unit Number(s) _

Notary Public

My Commission Expires:

[NOTARY SEAL]

Signed, staled and delivered By:

this day of _, 200 Name:

By:

Witness Name:

Owner(s) of Unit Number(s)

Notary Public

My Commission Expires:

[NOTARY SEAL]

First Amendment to Declaration - leasing

10931-002

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Deed Doc: CNDO

Return to: Fitzgerald & Burruss, L.L.C. Recorded 07/07/2005 03:08PM

1551 Jennings Mill Road

Suite 3300A Beverly Logan

Rogart, GA 30822 Clerk Superior Count, Atheus-Claike Couty, Ga.

BE 02901 Pg 0548-055łś

Return to: Weissman, Nowack, Curry & Wilco, P.C.

Оне Alliance Center, 4" Floor

3500 AHionce Center

Atlanta, Georgia 30326 Attention: DRM

Reference: Deed Book 2766

Page 135

SECOND AMENDMENT TO THE DECLARATION OF CONDOMINIUM

FOR THE LODGE AT ATHENS CONDOMINIUM

This SECOND AMENDMENT TO THE DECLARATION OF CONDOMINIUM FOR THE LODGE AT ATHENS CONDOMINIUM is made on the date set forth below by CAMPUS LODGE OF ATHENS, LTD., a Florida limited partnership (hereinafter referred to as "Declarant).

WITNESSETH:

WHEREAS, on November 9, 2004, that certain Declaration of Condominium for The Lodge at Athens was recorded in Deed Book 2766, Page 135, et seg., Athens-Clarke County, Georgia records, and that certain First Amendment to the Declaration of Condominium for The Lodge at Athens was recorded in Deed Book 2829, Page 354, et seg., aforesaid records (hereinafter collectively referred to as the "Declaration");

WHEREAS, a plat of survey showing the property originally submitted to the Declaration prepared by Proline Surveying, Inc., was filed in Condominium Plat Book C2, Page 111-113, Athens-Clarke County, Georgia records; and

WHEREAS, floor plans of the Units located on the property originally submitted to the Declaration, prepared by Aiken Harper Partners, Inc., were filed in Condominium Floor Plan Folder 230, Athens-Clarke County, Cieorgia records; and

WHEREAS, Declarant desires to subject to the provisions of the Declaration a portion of the real property described on Exhibit "B" to the Declaration and attached hereto as Exhibit "A" and incorporated by this reference ("Portion of Additional Property"); and

WHEREAS, a plat of survey showing the Portion Additional Property, as well as the originally submitted property, prepared by Proline Surveying, Inc., was filed in Condominium Plat Book, Page 13-1L, Athens-Clarke County, Georgia records; and

WHEREAS, floor plans of the units located on the Portion of Additional Property prepared by Aiken Harper Partners, Inc., were filed in Condominium Floor Plan Folder 2,39, Athens-Clarke County, Georgia records.

NOW, THEREFORE, subject to the provisions of O.C.G.A. $ 44-3-89 and Paragraph 25 of the Declaration, and in accordance with those provisions, Declarant hereby amends the Declaration as follows:

422420_3.dox 10931-002

B₺ 02901

The Portion of Additional Property is subject to the form of ownership set forth in the Georgia

Condominium Act, O.C.G.A. § 44-3-70 et seg. ("Act) and to the provisions of the Declaration. The Portion

of Additional Property shall be held, sold, transferred, conveyed, used, occupied and mortgaged or otherwise

encumbered subject to the provisions of the Act and the covenants, conditions, restrictions, easements,

assessments, and liens set forth in the Declaration, which are for the purpose of protecting the value and

desirability of, and which shall run with the title of the Portion of Additional Property and shall be binding

upon all persons or entities having any right, title, or interest in the Portion of Additional Property, their

respective heirs, legal representatives, successors, successors-in-title and assigns and shall be for the benefit

of all owners of property subject to the Declaration.

2.

The first paragraph of Paragraph 4 of the Declaration is deleted in its entirety and the following is

substituted therefor:

The Condominium is divided into seventy-two (72) separate Units,

Common Elements and Limited Common Elements. Each Unit consists of

a dwelling and its appurtenant percentage of undivided interest in the

Common Elements. Each Unit shall be conveyed as a separately

designated and legally described freehold estate subject to the Act and the

Condominium Instruments. The Units are depicted on the Survey and the

Floor Plans. Each Unit includes that part of the structure which lies within

the following boundaries:

3.

Declarant hereby reassigns the undivided percentage interest in the common elements and liabilities

for common expenses among all seventy-two (72) Units so that they are equal in accordance with the

Declaration.

[SIGNATURES ON FOLLOWING PAGE]

- 2-

................... ........

BE 02901 Pg 0550

IN WITNESS WHEREOF, the undersigned being the duly appointed ofticer of Declarant has executed this Second Amendment to the Declaration of Condominium for The Lodge at Athens this 20l day of June → 2005.

DECLARANT: CAMPUS LODGE OF ATHENS, LTD.,

a Florida limited partnership

By: Campus Lodge of Athens, Inc.

its general partner

By: Frans

Name: FranK C. Silcox

PresidenT ____ [CORPORATE SEAL]

Signed, sealed, and delivered this

209 day of qune, 2005.

Kina Dermandey

Witness

doreen steen

Notary Public

My Commission Expires:

[NOTARY SEAL] DOREEN STEEN

• MY COMMISSION * DD 067245

T OF ILORD EXPIRES: October 23, 2005

1-800-3-NOTARY F.:. Nottuy Service & Bonding, Inc.

- 3 -

....... .......

BE 02901 Pg 0551

EXHIBITIAI

DESCRIPTION OF PORTION OF ADDITIONAL PROPERTY

The Subject property is located at the Campus Lodge Apartment Complex, and comprises of all that tract or parcel of land, lying and being in GMD 216 of Athens-Clark County, and being more particularly described as follows:

BEGINNING at a point located at the intersection of the North right-of-way of Strickland Street and the West right-of-way of North Avenue,

THENCE South 79 degrees 58 minutes 12 seconds West along the North right-of-way of Strickland Street for a distance of 213.83 feet to an iron pin found ½ inch re-bar;

THENCE continuing along the said right-of-way South 10 degrees 23 minutes 20 seconds East for a distance of 5.69 feet to an iron pin found ½ inch re-bar;

THENCE progressing along the North right-of-way of Strickland Street South 80 degrees 47 minutes 59 seconds West for a distance of 374.58 feet to a found axle;

THENCE leaving the right-of-way of Strickland Street North 09 degrees 16 minutes 11 seconds West for a distance of 396.71 feet to a point located on the West boundary line of the Campus Lodge Apartments; Continuing along the said boundary line South 80 degrees 05 minutes 00 seconds West for a distance of 92.96 feet to a point;

Thence moving forward along the West boundary line of the Campus Lodge Apartments North 09 degrees 25 minutes 20 seconds West for a distance of 199.90 feet to a point;

THENCE North 80 degrees 08 minutes 22 seconds East for a distance of 92.50 feet to an iron pin found ½ inch re-bar situated on the specified boundary line;

Continuing onward North 09 degrees 17 minutes 07 seconds West for a distance of 250.0 feet to an iron pin found ½ inch re-bar located on the named boundary line;

THENCE South 80 degrees 34 minutes 08 seconds West for a distance of 92.53 feet to an iron pin found ¼ inch oval rod positioned on the said boundary line;

THENCE ahead on the referred boundary line North 09 degrees 21 minutes 31 seconds for a distance of 100.02 feet to an iron pin found ¼ inch oval rod;

Continuing along the West boundary line of the Campus Lodge Apartments North 80 degrees 44 minutes 14 seconds East 92.48 feet to an iron pin found ½ inch re-bar;

THENCE leaving the said boundary line North 88 degrees 10 minutes 55 seconds East for a distance 173.49 feet to a point said point being THE TRUE POINT OF BEGINNING.

THENCE North 78 degrees 16 minutes 25 seconds East for a distance of 63.05 feet to a point; THENCE South 55 degrees 52 minutes 18 seconds East for a distance of 38.45 feet to a point; THENCE South 11 degrees 43 minutes 35 seconds East for a distance of 134.43 feet to a point; THENCE South 32 degrees 19 minutes 01 seconds West for a distance of 33.97 feet to a point; THENCE South 78 degrees 16 minutes 25 seconds West for a distance of 9.87 feet to a point; THENCE North 09 degrees 42 minutes 04 seconds West for a distance of 3.94 feet to a point; THENCE South 88 degrees 17 minutes 57 seconds West for a distance of 57.36 feet to a point; THENCE North 11 degrees 43 minutes 35 seconds West for a distance of 172.51 feet to a point and THE TRUE POINT OF BEGINNING.

Together with and subject to covenants, easements, and restrictions of record.

Said property contains 0.36 acres more or less.

422420_3.do: 10931-002

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D'eed Doc: CNDO

Recorded 11/09/2004 11:03AM

Beverly Logan

Clerk Supesior Cout, Athens-Clarke County, Ga. BL 02766 Pg 0135-0208

Return to:

Linda B. Curry, Esq.

Weissman. Nowack, Curry & Wilco, P.C.

One Alliance Center, 4 Floor

3500 Lenox Road

Atlanta, Georgia 30326

DECLARA TION OF CONDOMINIUM

FOR

THE LODGE AT ATHENS CONDOMINIUM

WEISSMAN, NOWACK, CURRY & WILCO, P.C.

Attorneys

One Alliance Center, ạẠồạFloor

3500 Lenox Road

Atlanta, Georgia 30326

(404) 926-4500

COPYRIGHT (c) 2004.

All rights reserved. This Declaration may be used only in connection with the sale of property at The

Lodge at Athens Condominium ond the operation of The Lodge of Athens Condominium Association,

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GSCCCA.org - Image Index Page 2 of 50 111111111In Bt 02766 2r,6 STATE OF GEORGIA COUNTY OF CLARICE DECLARATION OF CONDOMINTI FOR THE LODGE AT ATHENS CONDOMINIUM THIS DECLARATION is made on the date set forth below by Campus Lodge of Athens, Ltd., a Georgia limited partnership (hereinafter referred to as "Declarant");

WITNESSETH

WHEREAS, Declarant is the owner of the real property which is located in Clarke County, Georgia and is described in Exhibit "A" attached hereto and incorporated herein by this reference;

WHEREAS, a plat of survey related to the Condominium dated October 26, 2004, was filed in Condominium Plat Boo Georgia Records;

repared by Praline Surveying, Inc., Page(s) /if , Clarke County, /12 WHEREAS, floor plans relating to the coAdominium pre .

were filed in Condominium Floor Plan Book eZ,....40 , Page(s)

ared by Aiken Harper Partners, Inc., of the Clarke County, Georgia Records WHEREAS, Declarant desires to subject the real property described in Exhibit "A" hereto, including the improvements thereof, to the provisions of this Declaration and to the Georgia Condominium Act; and \ OW, THEREFORE, Declarant hereby declares that the real property described in Exhibit "A" of this Declaration, including the improvements located thereon, is hereby submitted and made subject to the form of ownership set forth in the Georgia Condominium Act, and is hereby subjected to the provisions of this Declaration. By virtue of the recording of this Declaration, said property shall be held, sold, transferred.

conveyed, used, occupied, and mortgaged or otherwise encumbered subject to provisions of the Georgia Condominium Act and the covenants, conditions, restrictions, easements, assessments, and liens set forth in this Declaration, which are for the purpose of protecting the value and desirability of, and which shall run with the title to, the real property subject to this Declaration, and shall be binding on all persons having any right, title or interest in all or any portion of the real property subject to this Declaration, their respective heirs, legal representatives, successors, successors-in-title and assigns, and shall be for the benefit of all owners of the property subject to this Declaration.

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BL: 02766 ≥ 0$37

TABLE OF CONTENTS

NAME...

2. DEFINITIONS...

3. LOCATION, PROPERTY DESCRIPTION, PLATS AND PLANS..

4. UNITS AND BOUNDARIES

COMMON BLEMENTS.. 5

LIMITED COMMON ELEMENTS.. .6

7. ASSOCIATION MEMBERSHIP AND ALLOCATION OF VOTES.. ... 7

8. ALLOCATION OF LIABILITY FOR COMMON EXPENSES.. .7

9. ASSOCIATION RIGHTS AND RESTRICTIONS.. .. 8

10. ASSESSMENTS. ... 9

11. INSURANCE.. ... 12

12. REPAIR AND RECONSTRUCTION.. .. 15

13. ARCHITECTURAL CONTROLS..... ... 16

14. USE RESTRICTIONS .20

15. LEASING.. ...27

16. SALE OF UNITS.. ...30

17. MAINTENANCE RESPONSIBILITY.. .30

18. MORTGAGEE'S RIGHTS -33

19. GENERAL PROVISIONS .. 36

20. EMINENT DOMAIN . 39

21. EASEMENTS.. ... 39

22. AMENDMENTS ..42

23. SEVERABILITY ...43

24. DECLARANT RIGHTS... ..43

25. EXPANSION OF THE CONDOMINIUM. .... 44

26. PREPARER.... ...44

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BL: 02766 P2 0138

EXHIBITS

DESCRIPTION OF SUBMITTED PROPERTY.... ..*A"

DESCRIPTION OF ADDITIONAL PROPERTY... •.•.•............. "B"

BYLAWS........................

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GSCCCA.org - Image Index Page 5 of 50 111111111111111111111 Bk 62766 rt 0139 DECLARATION OF CONDOMINIUM FOR THE LODGE AT ATHENS CONDOMINIUM

1. N AIVIF

The name of the condominium is The Lodge at Athens Condominium (hereinafter sometimes called "The Lodge at Athens" or the "Condominium," as further defined herein), which condominium is hereby submitted by Declarant to the Georgia Condominium Act, O.C.G.A. § 44-3-70, et sett. (1991 and Supp. 2(03).

2. DEFINITIONS

Generally, terms used in this Declaration, the Bylaws, and the Articles of Incorporation shall have their normal, generally accepted meanings given in the Act or the Georgia Nonprofit Corporation Code. Unless the context otherwise requires, certain terms used in this Declaration, the Bylaws and the Articles of Incorporation shall be defined as follows:

u) Act shall mean the Georgia Condominium Act, O.C.G.A. § 44-3-70, et seq. (1991 and Supp. 2003), as such Act may be amended from time to time.

(b) Additional Property shall mean that property described in Exhibit "B" attached hereto and incorporated herein, which Declarant may, but shall have no obligation to, submit to the Condominium as provided in this Declaration.

(c) Architectural Review Committee or ARC shall mean the committee established to exercise the architectural review powers set forth in Paragraph 13 hereof, which shall be the Board of Directors of the Association unless by resolution the Board appoints a separate Architectural Review Committee.

(d) Area of Common Responsibility shall mean and refer to the Common Elements, together with those areas, if any, which by the terms of this Declaration or by contract or agreement with any other person or entity, become the responsibility of the Association.

(e) Articles or Articles of Incorporation shall mean the Articles of Incorporation of The Lodge of Athens Condominium Association, Inc., which have been filed with the Secretary of State of the State of Georgia.

(C Association shall mean The Lodge of Athens Condominium Association, Inc., a Georgia nonprofit corporation, its successors or assigns.

(g) Road or Board of Directors shall mean the body responsible for management and operation of the Association.

(hi Bylaws shall mean the Bylaws of The Lodge of Athens Condominium Association, Inc..

attached to this Declaration as Exhibit "C" and incorporated herein by this reference.

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(i) Declarat ion.

Common Elements shall mean those portions of the property subject to this Declaration, which are not included within the boundaries of a Unit, as more particularly described in this

(j) rommon Expenses shall mean the expenses incurred or anticipated to be incurred by the Association for the general benefit of the Condominium including, but not limited to, those expenses incurred for maintaining, repairing, replacing, and operating the Common Elements, and as required under the Reciprocal Easement Agreement.

k) Community-Wide Standard shall mean the standard of conduct, maintenance, or other activity generally prevailing within the Condominium. Such standard may be more specifically determined by the Board of Directors and the Architectural Review Committee.

d) Ciamktminittm shall mean all that property described in Exhibit "A" attached hereto and incorporated herein by this reference, submitted to the provisions of the Act by this Declaration and any property described in Exhibit "B" that is later submitted to the provisions of the Act and this Declaration.

in) Condominium instruments shall mean this Declaration and all exhibits to this Declaration, including the Bylaws of the Association, and the Survey and Floor Plans, all as may be supplemented or amended from time to time.

t n) Contractor shall mean any person, firm, partnership, corporation, association, or other organization that is engaged in the business of designing, developing, constructing, or selling dwellings or the alteration of or addition to an existing dwelling, repair of a new or existing dwelling, or construction, sale, alteration, addition, or repair of an appurtenance to a new or existing dwelling, including, but not limited to, Declarant. The term includes:

(i) An owner, officer, director, shareholder, partner, or employee of the contractor;

(ii) dwelling; and Subcontractors and suppliers of labor and materials used by a contractor in a (iii) A risk retention group registered under applicable law, if any.

(e) Declarant shall mean Campus Lodge of Athens, Ltd., a Florida limited partnership, its respective successors and assigns and any other Person or entity as further set forth in Section 44-3- 71(13) of the Act. The expiration of Declarant's right to appoint the directors and officers of the Association as provided in Article III, Part A, Section 2 of the Bylaws shall not alter the status of Campus Lodge of Athens, Ltd. as Declarant herein.

(p) Declarant's Easement Are shall mean that certain area, as shown on the Floor Plans, that Declarant has the right to use exclusively for any purpose it deems appropriate as set forth in subparagraph 21(g).

(q) Domestic Partner shall mean any adult who cohabitates with an Owner and who has been designated as the Owner's Domestic Partner in a written statement, signed by the Owner and filed with the Association's Secretary. A person shall no longer be a Domestic Partner upon the Secretary's receipt of a written termination notice, signed by either the Owner or the Domestic Partner.

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(r) Electronic Document shall mean information created, transmitted, received or stored by electronic means and retrievable in human perceivable form including, without limitation, e-mail, web pages, electronic documents, and facsimile transmissions.

(s) Electronic Signature shall mean a signature created, transmitted, received or stored by electronic means and includes, but is not limited to, a Secure Electronic Signature.

(t) Eligible Mortgage Holder shall mean those holders of first Mortgages secured by Units in the Condominium who have requested notice of certain items as set forth in this Declaration.

(u) Floor Plans shall mean the floor plans for The Lodge at Athens Condominium, filed in the condominium file cabinet of the Clarke County, Georgia records.

(v) Limited Common Elements shall mean a portion of the Common Elements reserved for the exclusive use of those entitled to occupy one (1) or more, but less than all, Units, as more particularly set forth in this Declaration.

(w) Majority shall mean those eligible votes, Owners, or other group as the context may indicate totaling more than fifty percent (50%) of the total eligible number.

(x) 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 of fee title for such purpose.

(:i) Mortgagee or Mortgage Holder shall mean the holder of any Mortgage.

(z) Occupant shall mean any Person (i) staying overnight in a Unit for a total of more than thirty (30) days, either consecutive or nonconsecutive, in any calendar year, regardless of whether such Person is a tenant or the Owner of such Unit.

(aa) Owner shall mean the record titleholder of a Unit within the Condominium, but shall not include a Person who is only a Mortgage holder.

(bb) other legal entity.

Person shall mean any individual, corporation, firm, association, partnership, trust, or is c) Reciprocal Easement Agreement shall mean that certain Reciprocal Easement Agreement between Campus Lodge of Athens, L ., and The Lodge at Athens Condominium Association, Inc., recorded in Deed Boolialek Page , Clarke County, Georgia records, as amended or as may be amended.

Sernre Electronic Signature shall mean an electronic or digital method executed or adopted by a Person with the intent to be bound by or to authenticate a record, which is unique to the Person using it, is capable of verification, is under the sole control of the Person using it, and is linked to data in such a manner that if the data is changed, the electronic signature is invalidated.

tee) Survey shall mean the plat of survey for The Lodge at Athens Condominium, filed in the condominium plat book of the Clarke County, Georgia records.

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GSCCCA.org - Image Index Page 8 of 50 411111111111i'm .4,1: hi; I IIIlk ?1( ea 766 Pg Q:142, t ft) Total Acsoeiation Vote shall mean all of the eligible votes attributed to members of the Association (including votes attributable to Declarant), and the consent of Declarant for so long as Declarant owns a Unit primarily for the purpose of sale.

(gg) I Ink shall mean that portion of the Condominium intended for individual ownership and use as more particularly described in this Declaration and shall include the undivided ownership in the Common Elements assigned to the Unit by this Declaration.

3. LOCATION, PROPPRTY DESCRIPTION. PLATS AND PLANS

The Condominium subject to this Declaration and the Act is located in G.M.D. 216 of Athens- Clarke County, Georgia, being more particularly described in Exhibit "A" attached to this Declaration, which exhibit is specifically incorporated herein by this reference. The Survey and Floor Plans relating to the Condominium will be filed in the Clarke County, Georgia records at the time the Condominium property is submitted to this Declaration. The Survey and Floor Plans are incorporated herein by reference as fully as if the same were set forth in their entirety herein.

So long as Declarant owns a Unit, Declarant reserves the right, but shall have no obligation, to make improvements and changes to all or part of the Common Elements and the Units owned by Declarant (other than changes to the location of Unit boundaries unless expressly permitted herein), including, without limitation, addition and realignment of parking spaces. addition and reconfiguration of storage spaces, renovation and installation of changes to utility systems and facilities, rearrangement and installation of security and refuse facilities, work relating to building exteriors, and extension of the drives and utility lines and pipes located on the Condominium.

4. UNITS AND ROI WM PJES

The Condominium will be divided into forty-eight (48) separate Units, Common Elements, and Limited Common Elements. Each Unit consists of a dwelling or commercial space, as applicable, and its appurtenant percentage of undivided interest in the Common Elements. Each Unit shall be conveyed as a separately designated and legally described freehold estate subject to the Act and the Condominium Instruments. The Units are depicted on the Survey and the Floor Plans. Each Unit includes that part of the structure, which lies within the following boundaries:

(1) Vertical Boundaries The perimetrical or vertical boundaries of each Unit shall be the vertical planes formed by the outermost surface of the studs in the walls separating the Unit from the exterior wall of the Condominium building and the walls separating the Unit from the hallway of the floor on which the Unit is located in the Condominium building. With respect to common walls between the Units, the perimetrical or vertical boundary of the Units served thereby shall be the centerline of such wall.

The vertical boundaries include the wallboard or other material comprising the wall of the Unit.

(h) Horizontal Boundaries

(i) If the Unit is on the top floor of the building, the upper horizontal boundary of such Unit is the exterior, unfinished, unexposed surface of the wallboard or other material comprising the ceiling of the Unit, with such material constituting part of the Unit. The lower horizontal boundary of such Unit is the lowermost surface of the wood floor truss structure with lightweight concrete comprising the subflooring of the Unit, with the flooring and subflooring constituting part of the Unit.

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GSCCCA.org - Image Index Page 9 of 50 MINIM Bi.; 02766 7:1. 0143 (ii) If the Unit is on the bottom floor of the building, the upper horizontal boundary of such Unit is the lowermost surface of the wood floor truss system with lightweight concrete comprising the subflooring of the Unit above, with the subflooring of the Unit above not constituting part of the Unit below. The lower horizontal boundary of such Unit is the uppermost surface of the concrete slab on which the Unit is constructed, with the flooring, if any, constituting part of the Unit and the concrete subflooring and building foundation not constituting part of the Unit.

(iii) If the Unit is not on the top or bottom floors of the building, the upper horizontal boundary of such Unit is the lowermost surface of the wood floor truss system with lightweight concrete comprising the subflooring of the Unit above, with the subflooring of the Unit above not constituting part of the Unit below. The lower horizontal boundary of such Unit is the lowermost surface of the wood floor truss system with lightweight concrete comprising the subflooring of the Unit, with the flooring and subflooring constituting part of the Unit.

(c) Additional Information to Interpret Unit Roandaries Entry doors and exterior glass surfaces, including, but not limited to, windows and glass doors, serving the Unit shall be included within the boundaries of the Unit. Heating and air conditioning systems serving a single Unit (including any part of any such system located outside the boundaries of the Unit), all duct work for heating and air conditioning systems and appliances and plumbing fixtures within a Unit shall be part of the Unit.

If any chutes, flues, ducts, conduits, wires, pipes or other apparatus lies partially within and partially outside of the designated boundaries of the Unit, any portion thereof which serves only that Unit shall be deemed to be a part of that Unit, while any portions thereof which serve more than one (1) Unit or any portion of the Common Elements shall be deemed a part of the Common Elements.

In interpreting deeds and Floor Plans, the existing physical boundaries of a Unit as originally constructed or of a Unit reconstructed in substantial accordance with the original Floor Plans thereof shall be conclusively presumed to be its boundaries rather than the metes and bounds expressed in any deed or Floor Plan, regardless of settling or lateral movement of the building in which the Unit was located, and regardless of minor variance between the boundaries shown on the Floor Plans or in a deed and those of the Unit.

The ownership of each Unit shall include, and there shall pass with each Unit, whether or not separately described in the conveyance thereof, that percentage of the right, title and interest in the Common Elements attributable to such Unit, together with membership in the Association and an undivided interest in the funds and assets held by the Association.

5. COMMON F) .RMENTS

The Common Elements consist of all portions of the Condominium not located within the boundaries of a Unit. The Common Elements include, without limitation, certain utility infrastructures, fences, paving, walls, retaining walls, the foundation, roofs, exterior walls of the buildings, landscape areas, outside parking area and lighting for same, mail area, stairs, hallways, dumpster, limited access gated entry system, and all other lighting in any Common Element of the Condominium buildings.

Ownership of the Common Elements shall be by the Owners as tenants-in-common. Each Unit is assigned an equal percentage of undivided interest in and to the Common Elements. Such percentages of undivided interest may be altered only by the consent of all Owners and Mortgagees (or such lesser number of Owners and Mortgagees as may hereafter be prescribed by the Act) expressed in a duly - 5 - 357458_4-dee 10931-003 http://search.gsccca.org/Imaging/HTML5Viewer.aspx?id=24082559&key1=2766&key2=1... 6/21/2018

GSCCCA.org - Image Index Page 10 of 50 tall11112111 I 02766 91 4 recorded amendment to this Declaration, except in the case of expansion of the Condominium, as provided in Paragraph 25 hereof, in which case the amendment may be approved and executed by Declarant without approval of the Owners or Mortgagees.

The Common Elements shall remain undivided, and no Owner or any other person shall bring any action for partition or division of the whole or any part thereof except as provided in the Act. Except as provided for Limited Common Elements or as otherwise provided herein, each Owner and the Association may use the Common Elements for the purposes for which they are intended, but no such use shall enter or encroach 'von the lawful rights of the other Owners.

6. ; IMTTED COMMON FT .P.MENTS

t a) they are assigned are:

The Limited Common Elements located on the Condominium and the Unit(s) to which

(i) the portion of the Common Elements on which there is located any portion of the J.,r conditioning or heating system exclusively serving a particular Unit or Units is assigned as a Limited Common Element to the Unit or Units so served;

(ii) Common Element to the Unit so served;

any utility meter which serves only one (1) Unit is assigned as a Limited (iii) a Unit may be assigned one (1) or more parking spaces, which are shown on the Survey as a Limited Common Element assigned to the Unit. Parking spaces may be initially assigned or reassigned by amendment to this Declaration as provided in subparagraphs (b) and

(c) below;

(iv) any screened porch attached to and serving only one (1) Unit is assigned as a Limited Common Element to the Unit to which it is attached and which it serves;

(v) any storage space attached to and serving only one (1) Unit is assigned as a Limited Common Element to the Unit to which it is attached and which it serves;

(vi) sole discretion of Declarant.

each Unit is assigned one (1) mailbox or mail slot, to be initially assigned in the ()) The Association's Board of Directors, without need for a membership vote, is hereby authorized to assign and to reassign Limited Common Elements and Common Elements not previously assigned. provided that any such assignment or reassignment shall be made in accordance with the provisions of Section 44-3-82(b) and (c) of the Act. A Common Element not previously assigned as a Limited Common Element may be so assigned and a Limited Common Element may be reassigned by the Board, without the need for a vote of the Association, upon written application to the Association by the Owner or Owners for whose exclusive use such Common Element is requested or whose use of the Limited Common Element previously assigned is directly affected. Upon such application, the Association shall prepare and execute an amendment to the Declaration assigning the Common Element as a Linrted Common Element or reassigning the Limited Common Element, which amendment shall be executed by the Owner or Owners making such application. Such amendment shall be delivered and become effective as provided in Section 44-3-82 of the Act. For so long as Declarant owns a Unit primarily for the purpose of sale, an amendment to assign a Common Element, not previously assigned as a Limited Common Element shall be executed by the officers of the Association, if the request is made - 6 - 357458_4.Joc 1093l-00:

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GSCCCA.org - Image Index Page 11 of 50 li 11E11111111111VIII k02766 •1; 45 by Declarant. The Board has the right to approve or disapprove any such request made by any Person other than Declarant.

(c) For so long as Declarant owns any Unit primarily for the purpose of sale, Declarant shall have the right to sell to Owners one (1) or more parking spaces to be assigned as Limited Common Elements pursuant to subparagraphs (a) and (b) above. The proceeds of the sale of parking spaces as Limited Common Elements shall belong to Declarant.

7. ASSOCIATION MF.MTIFRS141P AND AT .0CATION OF VOTF..S

All Owners, by virtue of their ownership of a fee or undivided fee interest in any Unit in the Condominium, excluding Persons holding such interest under a Mortgage, are members of The Lodge of Athens Condominium Association, Inc., and, except as otherwise provided herein or in the Bylaws, 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 Bylaws. Subject to the provisions of the Condominium Instruments.

the Owner or collective Owners shall be entitled to one (1) equally weighted vote for such Unit.

8. ALLOCATION OF I .TARTLITY FOR COMMON F.XFF.NSFS

(a) Except as provided below or elsewhere in the Act or Condominium Instruments, the amount cf all Common Expenses shall be assessed equally against all the Units.

(b) The Board of Directors shall have the power to levy special assessments against Units pursuant to this Paragraph and to Section 44-3-80(b) of the Act as, in its discretion, it shall deem appropriate. Failure of the Board of Directors to exercise its authority under this Paragraph shall not be grounds 'or any action against the Association or the Board of Directors and shall not constitute a waiver of the Board's right to exercise its authority under this Paragraph in the future with respect to any expenses, including an expense for which the Board has not previously exercised its authority under this Paragraph.

(i) Any Common Expenses benefiting less than all of the Units or significantly disproportionately benefiting all Units may be specially assessed equitably among all of the Units that are benefited according to the benefit received. Except for expenses for maintenance, repair or replacement of Limited Common Elements, which may be specially assessed, expenses incurred for the maintenance, repair or replacement of the Area of Common Responsibility, shall not be specially assessed.

(ii) Any Common Expenses occasioned by the conduct of less than all of those entitled to occupy all of the Units or by the Occupant(s), licensees or invitees of any such Unit or Units may be specially assessed against such Unit or Units.

(c) In the event the Condominium is served by a common water meter, the Board shall have the authority to install submeters and assess individual Unit utilities usage charges as special assessments as provided in subparagraph (b)(i) above. This shall include the right to add a charge for the cost of overhead for such submetering, against individual Units and/or to install separate utility meters for the Units.

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9. ASSOCIATION RIGHTS ANT) RESTRICTIONS

In addition to and not in limitation of all other rights it may have, the Association, acting through its Board of Directors, shall have the right and authority:

(a) to enter into Units for maintenance, emergency, security, or life-safety purposes, which right may be exercised by the Association's Board of Directors, officers, agents, employees, managers, and all police officers, firemen, ambulance personnel, and similar emergency personnel in the performance of their respective duties. Except in an emergency situation, entry shall be only during reasonable hours and after reasonable notice to the Owner or Occupant of the Unit. For the purposes of this Paragraph, an emergency justifying immediate entry into a Unit shall include, but not be limited to, the following situations: a water or other utility leak, fire, strong foul odor, obvious insect infestation or sounds indicating that a person or animal might be injured or sick and require immediate medical attention. No one exercising the rights granted in this subparagraph shall be liable for trespass, damages, or in any other manner by virtue of exercising such rights, except as provided in the Act. The failure to exercise the rights herein or to exercise said rights in a timely manner shall not create liability to any of the above-referenced parties, it being agreed that no duty to enter a Unit shall exist;

(b) to make and to enforce reasonable rules and regulations governing the use of the Condominium, including the Units, Limited Common Elements, and Common Elements;

(c) to enforce use restrictions, other Declaration and Bylaws provisions, and rules and regulations by the imposition of reasonable monetary fines and suspension of use and voting privileges as provided in Section 44-3-76 of the Act, as amended;

(d) to grant and accept permits, licenses, utility easements, leases, and other easements;

to control, manage, operate, maintain, improve and replace all portions of the Area of Common Responsibility;

(I) to represent and act on behalf of the Owners in the event of damage or destruction as a result of casualty loss in accordance with the provisions of the Act and Paragraph 12 of this Declaration;

(g) Declaration;

to represent and act on behalf of the Owners in the event of any loss resulting from condemnation or eminent domain in accordance with the provisions of the Act and Paragraph 20 of this

(h) to acquire, hold, and dispose of tangible and intangible personal property and real property;

to collect security deposits in reasonable amounts, as determined by the Board of Directors in its sole discretion, to protect against any damage to the Condominium, including, without limitation, damage resulting from: moving in or out of a Unit; the transportation and use of construction materials in the Condominium; and the alteration, modification, or addition to a Unit and any Limited Common Element appurtenant thereto. Costs for repair of such damage may be deductible from the security deposit and any additional expenses may be specifically assessed against the Unit under subparagraph 8(b)(ii) above;

(j) to approve contractors or subcontractors who have access to the Condominium for the purpose of making repairs or improvements to Units based on rules and regulations promulgated and adopted by the Board which may include, without limitation: financial stability of the contractors and/or subcontractors; history of compliance with the Condominium Instruments and rules and regulations of the - 8 - 3574584.duc 10931-003 http://search.gsccca.org/Imaging/HTML5Viewer.aspx?id=24082559&key1=2766&key2=1... 6/21/2018

GSCCCA.org - Image Index Page 13 of 50 11111111111111111111111 Bk. 27661:1 P 0147 Association; and other factors that may be reflective of quality and ability. The Board may also impose insurance requirements and collect other non-refundable fees for use of the trash receptacle;

(k) at the sole expense of the Association, without need for a membership vote, and without the consent of any affected Owner, to relocate any portion of the air conditioning, heating, plumbing, ventilating, exhaust or electrical system serving a particular Unit, provided that after such relocation, the system serving the Unit functions at least as well and at no greater cost to the Owner as existed prior to the relocation;

(I) to close permanently or temporarily any portion of the Common Elements (excluding the Limited Common Elements, and any Common Elements the use of which is reasonably necessary for access to or from a Unit and any portion of the Common Elements subject to the Reciprocal Easement Agreement or any portion of the Common Elements over, on, upon or which Declarant has an easement) with thirty

(30) day:. prior notice to all Owners, except that, in emergency situations requiring a temporary closing, prior notice shall not be required so long as notice is given within three (3) days after the closing explaining the reason for the closing. Notwithstanding the above, the Owners may re-open closed Common Elements by a majority vote of the Total Association Vote, cast at a duly called special or annual meeting; and

(m) to enter into joint agreements and contracts with other property owners or condominium or homeowners associations for the provision of services, including, without limitation, management, landscaping, property monitoring services, and trash removal services.

10. ASSESSMENTS

(a) Purpose of Assessment The Association shall have the power to levy assessments as provided herein and in the Act. 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.

(b) Creation of the Tien and Personal Obligation For 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: (i) annual assessments or charges; (ii) special assessments, such assessments to be established and collected as hereinafter provided; and (iii) specific assessments against any particular Unit which are established pursuant to the terms of this Declaration, including but not limited to reasonable fines imposed in accordance with the terms of this Declaration.

411 such assessments, together with charges, interest, costs, and reasonable attorneys' fees actually incurred and if the Board so elects, rents, in the maximum amount permitted by the Act, shall be a charge on the Unit and shall be a continuing lien upon the Unit against which each assessment is made. Such amounts 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 and his or her grantee shall be jointly and severally liable for all assessments and charges due and payable at the time of any 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 equal monthly installments due on the first day of each calendar month. No Owner may exempt him or herself from liability for or otherwise withhold payment of assessments for any reason whatsoever, including, but not limited to, nonuse of the Common Elements, the Association's failure to perform its obligations required hereunder, or a - 9 - 357458_4b>:

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GSCCCA.org - Image Index Page 14 of 50 111111111111111111 13k 02766 P 0148 dispute arising from the Association's performance of its duties. The lien provided for herein shall have priority as provided in the Act.

The Board of Directors shall have the right to: (i) not spend the full amount budgeted for any particular line item in the budget; (ii) spend more than what has been budgeted; and (iii) shift revenues within the budget from one line to another.

(c) Delinquept Assessment% All assessments and related charges not paid on or before the due date shall be delinquent, and the Owner shall be in default.

(i) If any monthly installment of annual assessments or any part thereof is not paid in full by the tenth (10th) day of the month or if any other charge is not paid within ten (10) days of the due date, a late charge equal to the greater of Ten Dollars ($10) or ten percent (10%) of the amount not paid, or such higher amounts as may be authorized by the Act, may be imposed without further notice or warning to the delinquent Owner and interest at the rate of ten percent (10%) per annum or such higher rate as may be permitted by the Act shall accrue from the due date.

(ii) If part payment of assessments and related charges is made, the amount received may be applied first to costs and reasonable attorneys' fees actually incurred, then to late charges, then to interest, then to delinquent assessments, and then to current assessments.

(iii) If assessments, fines or other charges or any part thereof due from an Owner remain delinquent and unpaid for a period greater than fifteen (15) days from the date due, a notice of delinquency may be given to that Owner stating that if the assessment, fine or charge remains delinquent for more than ten (10) days from the date of the notice of delinquency, the Board of Directors may accelerate and declare immediately due all of that Owner's unpaid installments of the ;mut assessment and of any special assessment without any further notice being given to the delinquent Owner. Upon acceleration, that Owner shall thereby lose the privilege of paying the annual assessment in monthly installments for that fiscal year.

(iv) If assessments and other charges or any part thereof remain unpaid more than thirty

(30) days after they become delinquent, the Association, acting through the Board, may institute suit to collect all amounts due pursuant to the provisions of the Declaration, the Bylaws, the Act and Georgia law, including reasonable attorneys' fees actually incurred, and suspend the Owner and/or Occupant's right to use the Common Elements, including the right to bring or park vehicles on the Common Elements or have guests bring or park vehicles on the Common Elements. However, the Board may not limit pedestrian, medical, fire, police or other health, safety, service or emergency %allele ingress or egress to or from the Unit or deny necessary parking of clearly and properly identified handicapped vehicles used by handicapped owners or occupants protected by the Fair Housing Amendments Act of 1988. Prior to suspending parking privileges, the Association shall provide the delinquent Owner or Occupant written notice of its intention to do so, sent by certified mail not less than ten (10) days prior to the date of such suspension.

If any assessment or other charge is delinquent for thirty (30) days or more, and the Association has obtained judgment(s) totaling more than Seven Hundred Fifty Dollars ($750)

against the Owner or encumbering the Unit, then, in addition to all other rights provided in the Act and herein, the Association shall have the right, in compliance with any requirements set forth in the Section 44-3-76 of the Act, to suspend water, electricity, gas, heat, air conditioning, or other utility services to the Unit paid for as a Common Expense by the Association. Any costs incurred by the Association in discontinuing and/or reconnecting any utility service, including reasonable - 10 - 357458_4.doc 10931-003 http://search.gsccca.org/Imaging/HTML5Viewer.aspx?id=24082559&key1=2766&key2=1... 6/21/2018

GSCCCA.org - Image Index Page 15 of 50 tfil1111M11111111 CO27156 049 attorneys' fees, shall be an assessment against the Unit. The utility services shall not be required to be restored until the judgment(s) is(are) paid in full, at which time the Association shall make arrangements for restoration of the service. An Owner whose utility or service has been suspended hereunder shall not be entitled to use any such utility or service from any source, and any such unauthorized use shall be considered a theft of services under O.C.G.A. Section 16-8-5.

Notwithstanding the above, if cable television service or any other service not constituting a utility provided by the Association as a Common Expense, that service may be suspended upon ten

(10) days written notice to the delinquent Owner, without obtaining any judgment against the Owner or encumbering the Unit. Enforcement under this subparagraph is not dependent upon or related to other restrictions and/or other actions.

(d) ('amputation of Operating Butivt and Assessment It shall be the duty of the Board at least twenty-one (21) days prior to the Association's annual meeting to prepare and deliver to each member a budget covering the estimated costs of operating the Condominium during the coming year and a notice of the assessments to be levied against each Unit for the following year. The budget and the assessment shall become effective unless disapproved at a duly called and constituted annual meeting of the Association by a vote of a majority of the Total Association Vote; provided, however, if a quorum is not obtained at the annual meeting, the budget shall become effective even though a vote to disapprove the budget could not be called at this meeting.

Notwithstanding the foregoing, 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 far the succeeding year. In such case, the Board may propose a new budget at any time during the year at a special meeting of the Association. The proposed budget and assessment shall be delivered to the members at least twenty-one (21) days prior to the proposed effective date thereof and at least seven (7)

days prior to the special meeting. The approval procedure set forth above for budgets considered at annual meetings shall also apply to budgets considered at special meetings.

Notwithstanding anything to the contrary stated herein, during the time in which Declarant has the right to appoint directors and officers of the Association under Article III, Part A, Section 2 of the Bylaws, Declarant or Declarant appointed Board of Directors shall be authorized to unilaterally pass a new budget to reflect costs resulting from the addition of a phase or phases to the Condominium or to reflect costs that were not contemplated at the time the initial, estimated operating budget for the Association was developed.

(e) Special Assessment% In addition to the annual assessment provided for in subparagraph

(b) above, the Board may, at any time, and in addition to any other rights it may have, levy a special assessment against all Owners, notice of which shall be sent to all Owners. Any special assessment (except as provided in subparagraph 8(b) regarding the power to assess specially pursuant to Section 44-3-80(b) of the Act and subparagraph 12(b) herein, regarding repair or reconstruction of casualty damage to or destruction of all or part of the Condominium) which would cause the average total of special assessments levied in one (1) fiscal year to exceed Two Hundred Dollars ($200) per Unit or such higher amount as is authorized by the Act, shall be approved by a majority of the Total Association Vote prior to becoming effective.

(1) Capital Reserve Rurig,et and Contribution. The Board of Directors shall annually prepare a capital reserve budget that 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 shall set the required capital - 11 - 357458_4.doe 10931-003 http://search.gsccca.org/Imaging/HTML5Viewer.aspx?id=24082559&key1=2766&key2=1... 6/21/2018

GSCCCA.org - Image Index Page 16 of 50 1111101111011111111 Fk 02766 J c150 reserve contribution, if any, in an amount sufficient to permit meeting the projected capital needs of the Association, as shown on the capital reserve budget, with respect both to amount and timing by equal annual assessments over the period of the budget. The annual capital reserve contribution required, if any, shall be fixed by the Board and included within the budget and assessment as provided in subparagraph (d) of this Paragraph. A copy of the capital reserve budget shall be distributed to each member in the same manner as the operating budget.

(g) 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 unpaid.

including any late charges, interest, fines, or other charges against a Unit. The Association shall respond in writing within five (5) business days of receipt of the request for a statement; provided, however, the Association may require the payment of a fee, not exceeding Ten Dollars ($10), or such higher amount as may be authorized by the Act, as a prerequisite to the issuance of such a statement. Such written statement shall be binding on the Association as to the amount of assessments due on the Unit as of the date specified therein.

lb) Surplus Funds and Common Profits. Pursuant to Section 44-3-108 of the Act, common profits from whatever source shall be applied to the payment of Common Expenses. Any surplus funds remaining after the application of such common profits to the payment of Common Expenses shall, at the option of the Board of Directors, either be distributed to the Owners or credited to the next assessment chargeable to the Owners in proportion to the liability for Common Expenses attributable to each Unit, or added to the Association's capital reserve account as set forth in (f) above.

If the Board of Directors reasonably determines that during a fiscal year there will likely be a surplus of funds at the end of such fiscal year (excluding amounts designated for reserves), the Board may, but shall not be required to, reduce the amount of the annual assessment to be collected from the Owners for the remainder of that fiscal year. Any Owner who has already paid the entire annual assessment at the time of such reduction shall, in the discretion of the Owner, either receive a refund of the overpayment or a credit of the amount of the overpayment towards the annual assessment of the Association for the following fiscal year. Notwithstanding the above, the Association may first apply the amount of any overpayment toward any other amount the Owner may owe to the Association.

Working Capital F»tift Declarant, on behalf of the Association, shall establish a working capital fund to meet unforeseen expenditures or to purchase any additional equipment or services. A non- refundable contribution to the working capital fund of the Association shall be paid by the purchaser of a Unit at the closing of each sale or resale of a Unit in the amount of two (2) months of the general assessment charged to such Unit. Declarant shall not use the working capital funds to defray any of its expenses, reserve contributions, or construction costs or to make up any budget deficits while it is in control of the Association. Notwithstanding anything to the contrary herein, the contribution to the working capital fund shall not be due from: (i) any grantee who is the Domestic Partner, spouse or former spouse of the grantor;

(ii) any grantee that is a wholly-owned entity of the grantor; (iii) any grantee to whom a Unit is conveyed by a will or through the law of intestacy; or (iv) any grantee of a Unit who obtains title pursuant to judicial or nonjudic10 foreclosure of any first Mortgage of record or secondary purchase money Mortgage of record (provided that neither the grantee nor any successor grantee on the Mortgage is the seller of the Unit).

11. INSURANCE.

The Association shall obtain and maintain at all times, as a Common Expense, insurance as required by Section 44-3-107 of the Act, as amended, and as required herein. In accordance with the Act, - 12 - 357458_4.d )c 10931-003 http://search.gsccca.org/Imaging/HTML5Viewer.aspx?id=24082559&key1=2766&key2=1... 6/21/2018

GSCCCA.org - Image Index Page 17 of 50 1111111111 1111191111 1 Pk 02766 F 0151 the property insurance shall, at a minimum, afford fire and extended coverage insurance for and in an amount consonant with the full replacement value of the buildings and other structures on the Condominium. Such coverage shall include all of the Units and the fixtures initially installed therein by Declarant and replacements thereof up to the value of those initially installed by Declarant, but shall not include any improvements or additions (including wall coverings and fixtures) made by or on behalf of any Owner other than those made by Declarant and shall exclude furnishings and other personal property within a Unit.

All insurance purchased by the Association pursuant to this Paragraph shall run to the benefit of the Association, the Board of Directors, officers, all agents and employees of the Association, the Owners and their respective Mortgagees, and all other persons entitled to occupy any Unit as their interests may appear.

The Association's insurance policy may contain a reasonable deductible, and the amount thereof shall not be subtracted from the face amount of the policy in determining whether the insurance equals at least the replacement cost of the insured property.

The Board of Directors shall make available for review by Owners a copy of the Association's insurance policy to allow Owners to assess their personal insurance needs and each Owner shall have the right to obtain additional coverage at his or her own expense.

All insurance coverage for the Association 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 every two (2) years to conduct an insurance review to determine if the policy in force k adequate to meet the needs of the Association and to satisfy the requirements of Section 44-3- 107 of the Act, as amended. Such responsibility may be performed, and shall be deemed reasonably performed, by the Board requesting the Association's insurance agent to verify that insurance policies in existence meet the needs of the Association and satisfy the requirements of Section 44-3-107 of the Act, as amended.

The Board of Directors shall utilize reasonable efforts to secure a blanket hazard insurance policy providing "all risk" coverage in an amount equal to full replacement cost, before application of deductibles, of all improvements located on the Condominium. If "all risk" coverage is not reasonably available at reasonable cost, the Board shall obtain, at a minimum, fire and extended coverage, including coverage for vandalism and malicious mischief, in like amounts. The Board shall use reasonable efforts to obtain policies that will provide the following:

(i) the insurer waives its rights of subrogation of any claims against directors, officers, the managing agent, the individual Owners, Occupants, and their respective household nembers;

(ii) any "other insurance" clause contained in the master policy shall expressly exclude individual Owners' policies from its operation;

(iii) 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 Owners, the Board of Directors, or any of their agents, employees, or household members, nor be canceled for nonpayment of premiums;

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GSCCCA.org - Image Index Page 18 of 50 1111111111001011111 EA 02766 Pg 0152 (iv) the master policy may not be canceled, substantially modified, or subjected to nonrenewal without at least thirty (30) days prior notice in writing to the Board of Directors and all Mortgagees of Units; and

(v) an agreed value endorsement and an inflation guard endorsement.

(b) upon request.

All policies of insurance shall be written with a company licensed to do business in the State of Georgia. The company shall provide insurance certificates to each Owner and each Mortgagee

(c) Exclusive authority to adjust losses under policies obtained by the Association shall be vested in the Association's Board of Directors; provided, however, no Mortgagee having an interest in such losses may be prohibited from participating in the settlement negotiations, if any, related thereto.

(d) In no event shall the insurance coverage obtained and maintained by the Association hereunder be brought into contribution with insurance purchased by individual Owners or their Mortgagees. Each Owner shall notify the Board of Directors of all structural improvements made by the Owner to his or her Unit. Any 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 cancelled.

te) In addition to the insurance required hereinabove, the Board shall obtain as a Common Expense

(i) requirements of law;

workers' compensation insurance if and to the extent necessary to meet the (ii) public liability insurance in amounts no less than required by Section 44-3-107 of the Act, as amended, and officers' and directors' liability insurance in such amounts as the Board may determine. The public liability insurance shall contain a cross liability endorsement;

(iii) fidelity bonds, if reasonably available, covering officers, directors, employees, and other persons who handle or are responsible for handling Association funds. Such bonds, if reasonably available, shall be in an amount consistent with the best business judgment of the Board of Directors, but in no event less than three (3) months assessments plus a reasonable amount to cover all or a reasonable portion of reserve funds in the custody of the Association at any time during the term of the bond; provided, however, fidelity coverage herein required may be reduced based on the implementation of financial controls which take one or more of the following forms: (a) the Association or management company, if any, maintains a separate bank account for the working account and the reserve account, each with appropriate access controls and the bank in which funds are deposited sends copies of the monthly bank statements directly to the Association; (b) the management company, if any, maintains separate records and bank accounts for each association that uses its services and the management company does not have the authority to draw checks on, or to transfer funds from, the Association's reserve account; or

(r) two (2) members of the Board of Directors must sign any checks written on the reserve account; and - 14 - 357458_4.da.:

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GSCCCA.org - Image Index Page 19 of 50 1111111111111111111111111 Bk; 02766 PE, 0153 (iv) such other insurance as the Board of Directors may determine to be necessary or desirable including, for example coverage of the following types of property contained within a Unit, regardless of ownership: (A) fixtures, improvements and alterations that are part of the building or structure; and (B) appliances, such as those used for refrigerating, ventilating, cooking, dishwashing, laundering, security or housekeeping.

Insurance carried by the Association as a Common Expense shall not be required to include: (i) any part of a Unit that is not depicted on the original Survey and Floor Plans; or (ii) any part of a Unit that was not included as part of the collateral for the initial loan made for the initial purchase of the Unit, nor shall the Association include public liability insurance for individual Owners for liability arising within the Unit.

(g) Nothing contained herein gives any Owner or other party a priority over any rights of first Mortgagees as to distribution of insurance proceeds. Any insurance proceeds payable to the Owner of a Unit on which there is a Mortgagee endorsement shall be disbursed jointly to such Owner and the Mortgagee. This is a covenant for the benefit of any such Mortgagee and may be enforced by any such Mortgagee.

(h) Every Owner shall be obligated to obtain and maintain at all times insurance covering those portions of his or her Unit to the extent not insured by policies maintained by the Association.

Upon request by the Board, the Owner shall furnish a copy of such insurance policy or policies to the Association. In the event that any such Owner fails to obtain insurance as required by this subparagraph, the Association may purchase such insurance on behalf of the Owner and assess the cost thereof to the Owner, to be collected in the manner provided for collection of assessments under Paragraph 10 hereof.

(i) Insurance Deductibles In the event of an insured loss, any required deductible shall be considered a maintenance expense to be paid by the person or persons who would be responsible for such loss in the absence of insurance. If the loss affects more than one (1) Unit or a Unit and the Common Elements, the cost of the deductible may be apportioned equitably by the Board among the parties suffering loss in proportion to each affected owner's portion of the total cost of repair. Notwithstanding this, if the insurance policy provides that the deductible will apply to each Unit separately or to each occurrence, each Owner shall be responsible for paying the deductible pertaining to his or her Unit, if any. If any Owner or Owners fail to pay the deductible when required under this subparagraph, then the Association may pay the deductible and assess the cost to the Owner or Owners pursuant to Paragraph 8 of this Declaration; provided, however, where the deductible is for insurance required under the Act, no Owner shall be assigned more than One Thousand Dollars ($1,000), or such higher amount as authorized by the At t. as the cost of the deductible for any one (1) occurrence.

(:) Payments Claims to Delinquent Owners. Notwithstanding anything to the contrary herein, in the event of an insured loss under the Association's master hazard insurance policy for which the Association receives from the insurer payment for a loss sustained by an Owner who is delinquent in the payment of assessments owed to the Association under Paragraph 10 hereof, then the Association may retain and apply such proceeds to the delinquency. Any surplus remaining after application of the proceeds to any delinquency shall be paid by the Association to the affected Owner.

12. R EPA TR AND RECONSTRIICTION

hi the event of damage to or destruction of all or any part of the Condominium as a result of fire or other casualty, unless eighty percent (80%) of the Owners, including the Owner or Owners of any damaged Unit or Units, vote not to proceed with the reconstruction and repair of the structure, the Board of Directors -15- 357458 4Akc 10931-003 Intp://search.gsccca.org/Imaging/HTML5Viewer.aspx?id=24082559&key1=2766&key2=1... 6/21/2018

GSCCCA.org - Image Index Page 20 of 50 1111111111 111111111 Bk 02766 Pg 0154 or its duly authorized agent shall arrange for and supervise the prompt repair and restoration of the structure.

In the event of substantial damage or destruction, each holder of a first Mortgage shall be entitled to written notice of the damage, and nothing in these documents shall be construed to afford a priority to any Owner with respect to the distribution of proceeds to any such Unit.

(a) Cost Estimates Immediately after a fire or other casualty causing damage to the Condominium, the Board of Directors shall obtain reliable and detailed estimates of the cost of repairing and restoring the structures (including any damaged Unit) to substantially the condition that existed before such casualty, allowing for any changes or improvements necessitated by changes in applicable building codes. Such costs may also include professional fees and premiums for such bonds as the Board of Directors determines to be necessary.

(b) Snitrce and Allocation of Proceeds. If the proceeds of insurance are not sufficient to defray the costs of reconstruction and repair due to failure of the Association to maintain coverage as provided in Paragraph 11 of this Declaration, the additional cost shall be a Common Expense. If, for any reason, tie proceeds of insurance are not sufficient to defray the costs of reconstruction and repair, as determined by the Board, the additional costs shall be assessed against the Owners of the Unit(s)

damaged in proportion to the damage to the Units or against all Owners, in the case of insufficient funds to cover damage to the Common Elements. This assessment shall not be considered a special assessment as discussed in subparagraph 10(e). If there are surplus funds after repair and reconstruction is completed, such funds shall be common funds of the Association to be used as directed by the Board.

(c) Floor Plans and Specifications. Any such reconstruction or repair shall be substantially in accordance with the Floor Plans and specifications under which the Condominium was originally constructed to standard finish so as to exclude any upgrades made to Units, except where changes are necessary to comply with current applicable building codes or where improvements not in accordance with the original Floor Plans and specifications are approved by the Board of Directors. To the extent insurance proceeds are available, the Association may reconstruct or repair Owner improvements damaged as a result of fire or other casualty.

(d) Encroachments Encroachments upon or in favor of Units that 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 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) Constriction Fund. The net proceeds of the insurance collected on account of a casualty and the funds collected by the Association from assessments against 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 Paragraph to be disbursed by the Association in appropriate progress payments 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.

13. ARCHITECT( RAT CANTR Of .S

(a) During Declarant Control During the time in which Declarant has the right to appoint directors and officers of the Association under Article III, Part A, Section 2 of the Bylaws, there shall be no Architectural Review Committee and all encroachments onto the Common Elements or Limited Common Elements, exterior change, alteration or construction (including painting and landscaping), and - 16 - 357458_4.Ioc 10931-003 http://search.gsccca.org/Imaging/HTML5Viewer.aspx?id=24082559&key1=2766&key2=1... 6/21/2018

GSCCCA.org - Image Index Page 21 of 50 111111111111141111 lit.102766 Pg 0155 any erection, placement or posting of any object, sign, clothesline, speaker, playground equipment, light, fountain, flag, personalized or customized exterior door mat, or thing on the exterior or roofs of the buildings, in any windows (except window treatments as provided herein), or on any Limited Common Elements or any Common Elements, must receive the prior written approval of Declarant. However, a mezuzah or comparable religious symbol not larger than three inches (3") in width and nine inches (9")

in height may be posted on the doorframe of the Unit. In addition, reasonable seasonal decorative lights may be displayed between Thanksgiving and January 15. Granting or withholding such approval shall be within the sole discretion of Declarant. All references in the Condominium Instruments to the Architectural Review Committee or ARC shall refer to Declarant during the period Declarant has the right to appoint the officers and directors of the Association. Notwithstanding anything to the contrary stated herein, the initial improvements constructed on the Condominium and all architectural modifications thereto that are made by Declarant shall not be subject to approval pursuant to this Paragraph.

(b) After Declarant control After such time as Declarant's rights to appoint officers and directors of the Association as provided in Article III, Part A, Section 2 of the Bylaws has expired, an Architectural Review Committee shall be appointed by the Board of Directors and except for Declarant, so long as Declarant shall own a Unit for sale, no Owner, Occupant, or any other person may make any encroachment onto the Common Elements or Limited Common Elements, or make any exterior change, addition, alteration, or construction (including painting and landscaping), nor erect, place or post any object, sign, clothesline, speaker, playground equipment, light, fountain, flag, personalized or customized exterior door mat, or thing on the exterior or roofs of the buildings, in any windows (except window treatments as provided herein), on any Limited Common Elements, or on any other Common Elements, without first obtaining the written approval of the ARC. However, a mezuzah or comparable religious symbol not larger than three inches (3") in width and nine inches (9") in height may be posted on the doorframe of the Unit. In addition, reasonable seasonal decorative lights may be displayed between Thanksgiving and January 15. The standard for approval of such improvements shall include, but not be limited to, aesthetic consideration, materials to be used, harmony with the external design of the existing buildings, Units and structures, the location in relation to surrounding structures and topography, and the impact a such approval, if any, on the increase or decrease of sounds and vibrations between the Units and between the Units and the Common Elements. Notwithstanding the above, Declarant shall not be required to obtain any approvals under this Paragraph.

(c) Alteration of I hilts. Subject to the other provisions of this Declaration, alterations to the interiors of Units, relocation of the boundaries between adjoining Units, and subdivision of Units are subject to the following restrictions:

(i) Alterations to the. Interiors of the I Tnits. Except as provided herein, no Owner or Occupant may make any alteration within a Unit which involves connecting to Common Element pipes, lines, conduits and/or other apparatus for access to common utilities without prior written ARC approval (including, but not limited to, modifying connection of washers and dryers). Except as provided herein, no Owner or Occupant shall make any interior modifications to or place an excessive load on any structural or load bearing portions of a Unit without first obtaining the prior written approval of the ARC. Such approval shall not be granted by the ARC unless the Owner has presented to the ARC a report or drawing prepared by a licensed structural engineer showing that compensating measures will be taken to ensure the structural integrity of the Unit and the Condominium. All building code requirements must be complied with and necessary permits and approvals secured for any modifications. Notwithstanding the above, all Owners desiring to make any interior modifications or alterations to a Unit affecting the Common Elements or structure or load bearing portions of a Unit must make application to the ARC as described below in order for the ARC to make the determination of whether the ARC's approval is required.

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GSCCCA.org - Image Index Page 22 of 50 11111111111111111111 Bk 02766 Pg, 0156 Notwithstanding the above, if any Owner acquires an adjoining Unit, such Owner shall have the right (subject to the prior written approval of the Mortgagees of the Units involved)

to remove all or any part of any intervening partition or to create doorways or other apertures therein, notwithstanding the fact that such partition may, in whole or part, be part of the Common Elements, so long as no portion of any structural or load bearing portions of the Unit(s) are materially weakened or removed and the ARC has approved the plans described above and no portion of any Common Elements is damaged, destroyed or endangered, other than that partition and any chutes, flues, ducts, conduits, wires or other apparatus contained therein which shall be relocated by such Owner if such facilities serve any other part of the Condominium.

Notwithstanding the above, Declarant shall not be required to obtain any approvals under this Paragraph. The alterations permitted in this Paragraph shall not be deemed an alteration or relocation of boundaries between adjoining Units as defined in O.C.G.A. § 44-3-91.

(ii) Relocation of Boundaries Boundaries between adjoining Units shall not be relocated; provided, however, Declarant shall have the right to relocate boundaries between Units owned by Declarant without the approval of the Board of Directors, and the Board of Directors shall execute the required amendment to the Declaration.

(iii) Stihciivisinn of I Inks No Unit shall be subdivided into a smaller Unit or Units.

(d) Applications Applications for approval of any such architectural modification shall be in writing and shall provide such information as the ARC may reasonably require. Once an application and all required information is received by the ARC, the ARC shall stamp the application as being complete and shall then forward to the applicant a written notice of application completion (the "Notice of Application Completion"). The ARC shall be the sole arbiter of such application and may withhold approval for any reason, including purely aesthetic considerations, and it shall be entitled to stop any construction that is not in conformance with approved plans. The Board or ARC may publish written architectural standards for exterior and Common Element alterations or additions, and any request in substantial compliance therewith shall be approved; provided, however, each such requested change shall be in harmony with the external design of the existing buildings and Units and the location in relation to surrounding structures and topography of the vicinity.

In the event that the ARC fails to approve or to disapprove such application within forty-five (45)

days after the date of the Notice of Application Completion, ARC approval will not be required and this Paragraph will be deemed complied with; provided, however, even if the requirements of this Paragraph are satisfied, nothing herein shall authorize anyone to construct or maintain any structure or improvement that is otherwise in violation of the Declaration, the Bylaws, or the rules and regulations of the Association.

(e) Encroachments onto Common Plements The ARC, subject to this Paragraph, may permit Owners to make encroachments onto the Common Elements as it deems acceptable.

(I) Condition of Apprnvnl 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- interest, shall assume all responsibilities for maintenance, repair, replacement and insurance of such change, modification, addition, or alteration, unless otherwise agreed to in writing by the ARC. It is the responsibility of every Owner of a Unit to determine for him or herself what architectural modifications have been made to his or her Unit by any predecessor-in-interest. In the discretion of the Board or ARC, an Owner may be made to verify such condition of approval by written instrument in recordable form acknowledged by such Owner on behalf of him or herself and all successors-in-interest.

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(g) I .imiration of Liability Review and approval of any application pursuant to this Paragraph is made on the basis of aesthetic considerations only, and neither Declarant, the Board of Directors nor the ARC shall bear any responsibility for ensuring the structural integrity or soundness of approved construction or modifications, or for ensuring compliance with building codes and other governmental requirements. Neither Declarant, the Association, the Board of Directors, the ARC, or member of any of the foregoing shall be held liable for any injury, damages or loss arising out of the manner or quality of approved construction on or modifications to any Unit.

(h) No Waiver of Flitimi Approvals Each Owner acknowledges that the members of the Board of Directors and ARC will change from time to time and that interpretation, application and enforcement of the architectural standards may vary accordingly. Each Owner further acknowledges that the Board of Directors and ARC may adopt different architectural standards for different parts of the condominium, based on street visibility and location of the proposed modification in the building. The approval of either the Board of Directors or the ARC of any proposals, plans and specifications or drawings for any work done or proposed, or in connection with any other matter requiring the approval and consent of the Board of Directors, or the ARC shall not be deemed to constitute a waiver of any right to withhold approval or consent as to any similar proposals, plans and specifications, drawings, or matters whatever subsequently or additionally submitted for approval or consent.

i) Enforcement Any construction, alteration, or other work done in violation of this Paragraph shall be deemed to be nonconforming. Upon written request from the Board or the ARC, Owners shall, at their own cost and expense, remove such construction, alteration, or other work and shall restore the property to substantially the same condition as existed prior to the construction, alteration, or other work.

Should an Owner fail to remove and restore as required hereunder, the Board or its designees shall have the right to enter the property, remove the violation and restore the property to substantially the same condition as existec prior to the construction, alteration or other work. All costs thereof, including reasonable attorneys' fees, may be assessed against the benefited Unit and collected as an assessment pursuant to this Declaration.

In addition to the foregoing, the Board of Directors shall have the authority and standing, on behalf of the Association, to impose reasonable fines and to pursue all legal and equitable remedies available to enforce the provisions of this Paragraph and its decisions. Furthermore, the Board shall have the authority to record in the Clarke County land records notices of violation of the provisions of this Paragraph.

If any Owner or Occupant makes any exterior change, alteration, or construction (including landscaping) upon the Common Elements or Limited Common Elements in violation of this Paragraph, he or she does so at his or her sole risk and expense. The Board may require that the change, alteration or construction be removed or that it remain on the Common Elements or Limited Common Elements without reimbursement to the Owner or Occupant for any expense he or she may have incurred in making the change, alteration or construction.

(j' Commencement of Construction All changes, modifications and improvements approved by the ARC hereunder must be commenced within six (6) months from the date of approval. If not commenced within six (6) months from the date of such approval, then such approval shall be deemed revoked by the ARC, unless the ARC gives a written extension for commencing the work. All work approved by the ARC hereunder shall be completed in its entirety within ninety (90) days from the date of commencement, unless otherwise agreed in writing by the ARC. All approved changes, modifications, and improvements must be completed in their entirety. An Owner may not construct only a portion or part of an approved change, modification, or improvement.

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14. (ISE RESTRICTIONS

Each Owner of a Unit shall be responsible for ensuring that the Owner's family, guests, tenants and Occupants comply with all provisions of the Condominium Instruments and the rules and regulations of the Association. Furthermore, each Owner and Occupant shall always endeavor to observe and promote the cooperative purposes for which the Association was established. In addition to any rights the Association may have against the Owner's family, guests, tenants or Occupants, as a result of such person's violation of the Condominium Instruments, the Association may take action under this Declaration against the Owner as if the Owner committed the violation in conjunction with the Owner's family, guests, tenants or Occupants.

In addition to the following use restrictions, the Board of Directors may adopt rules and regulations in accordance with the terms hereof and as specified in the Bylaws.

(a) Ilse of Units Each Unit shall be used for residential purposes only, and no trade or business of any kind may be conducted in or from a Unit or any part of the Condominium, except that the Owner or Occupant residing in a Unit may conduct ancillary business activities within the Unit so long as:

(i) the existence or operation of the business activity is not apparent or detectable by sight, sound, or smell from outside of the Unit;

(ii) the business activity does not involve visitation of the Unit by employees, clients, customers, suppliers or other business invitees in greater volume than would normally be expected for guest visitation to a residential Unit without business activity;

(iii) Condominium;

the business activity is legal and conforms to all zoning requirements for the (iv) the business activity does not increase traffic in the Condominium in excess of what would normally be expected for residential Units in the Condominium without business activity (other than by a reasonable number of deliveries by couriers, express mail carriers, parcel delivery services and other such similar delivery services);

(v) the business activity does not increase the insurance premium paid by the Association or otherwise negatively affect the Association's ability to obtain insurance coverage;

(vi) the business activity is consistent with the residential character of the Condominium and does not constitute a nuisance or a hazardous or offensive use, or threaten the security or safety of other residents of the Condominium, as determined in the Board's discretion;

and (vii) the business activity does not result in a materially greater use of common element facilities or Association services.

The terms "business" and "trade," as used herein, shall have their ordinary, generally accepted meanings, and shall include, without limitation, any occupation, work, or activity undertaken on an ongoing basis which involves the provision of goods or services to persons other than the provider's family and for which the provider receives a fee, compensation, or other form of consideration, regardless of whether:

(i) such activity is engaged in full or part-time; (ii) such activity is intended to or does generate a profit; or (iii) a license is required therefor. Notwithstanding the above, the use of a Unit by an on-site management - 20 - 357458_4. d,)c 1093 I -OW http://search.gsccca.org/Imaging/HTML5Viewer.aspx?id=24082559&key1=2766&key2=1... 6/21/2018

GSCCCA.org - Image Index Page 25 of 50 11111111111111111111 Bk o2766 Pg 0159 agent operating on behalf of the Association shall not be considered a trade or business within the meaning of this Paragraph.

(b) Number of Occupants. The maximum number of Occupants in a Unit shall be limited to two (2) people per bedroom in the Unit, (as such bedrooms are depicted on the original Survey and Floor Plans filed in the Clarke County, Georgia records). This occupancy restriction shall not apply to require the removal )f any person lawfully occupying a Unit on the date of the recording of this Declaration. Upon written application, the Board shall grant variances to this restriction to comply with provisions of the Fair Housing Amendments Act of 1988 or any amendments thereto.

If an Owner of a Unit is a corporation, partnership, trust or other legal entity not being a natural person, the entity shall designate in writing to the Board the name(s) of the person(s) who will occupy the Unit. The designated person(s) to occupy the Unit may not be changed more frequently than once every six

(6) months without the express written consent of the Board as determined in the Board's sole discretion.

(c) Outbuildings. No structure of a temporary character, trailer, tent, shack, carport, garage, barn or ether outbuilding shall be erected by any Owner or Occupant, other than Declarant, on any portion of the Condominium, at any time, either temporarily or permanently, without the prior written approval of the Board.

(d) JJsr of Common Rlements Including Amenities There shall be no obstruction of the Common Elements, nor shall anything be kept on, parked on, stored on or removed from any part of the Common Elements without the prior written consent of the Board, except as specifically provided herein.

All Owners and Occupants are prohibited from using the detention pond area for any recreational purpose.

With prior written Board approval, and subject to any restrictions imposed by the Board, an Owner may reserve portions of the Common Elements for use for a period of time as set by the Board. Any such Owner who reserves a portion of the Common Elements as provided herein shall assume, on behalf of him or herself and his or her guests, Occupants and family, all risks associated with the use of the Common Elements and all liability for any damage or injury to any person or thing as a result of such use. The Association shall not be liable for any damage or injury resulting from such use unless such damage or injury is caused solely by the willful acts or gross negligence of the Association, its agents or employees.

There shall be no use of the roofs of the Condominium buildings by the Owners, their family members, guests, tenants, invitees, agents or contractors. The Association and its agents and contractors shall have access to the roofs for performing its maintenance and repair responsibility. There shall be no gardening or landscaping on the Common Elements by Owners or Occupants without the prior written consent of the Board. This subparagraph shall not apply to Declarant, for so long as Declarant shall own a Unit for sale.

(e) Use of Limited Common Flements Except as otherwise provided herein, the use of the Limited Common Elements assigned to the Units is restricted exclusively to the Owners of the Unit to which such Limited Common Elements are assigned, and said Owner's family members, guests, tenants and invitees. The Limited Common Elements are reserved for exclusive use, but shall not be construed or interpreted to be separate and apart from the Common Elements in general, and the restrictions applicable to the Common Elements shall also apply to the Limited Common Elements.

(i) ,Storage Spares.. Storage spaces shall be used solely for the purpose of storing any personal property belonging to the Owner or Occupant of the Unit to which such storage space is assigned as a Limited Common Element. No Owner or Occupant shall store any explosives, or any flammable, odorous, noxious, corrosive, hazardous or pollutant materials or any other goods in the space that would cause danger or nuisance to the storage space or the Condominium. The storage -21- 357458 4.4:Itc 10931-003 http://search.gsceca.org/Imaging/HTML5Viewer.aspx?id=24082559&key1=2766&key2=1... 6/21/2018

GSCCCA.org - Image Index Page 26 of 50 1111111111111111111111II Bk 02766 Pg 0160 space shall not be used for any purposes unlawful or contrary to any ordinance, regulation, fire code, or health code. If hazardous substances are stored, used, generated or disposed of on or in the storage space or if the storage space becomes contaminated in any manner for which the Owner or Occupant thereof is legally liable, Owner or Occupant shall indemnify and hold harmless Declarant, Association and Board of Directors from any and all claims, damages, fines, judgments, penalties, costs, liabilities or losses and any and all sums paid from settlement of claims, attorneys' tees, consultant and expert fees, arising as a result of that contamination by Owner or Occupant.

(0 Prohibition of Darnar Nuisance Raj Noise Without the prior written consent of the Board of Directors, nothing shall be done or kept on the Condominium, or any part thereof, which would increase the rate of insurance on the Condominium or any Unit or part thereof, which would be in violation of any statute, rule, ordinance, regulation, permit or other validly imposed requirements of any governmental body, or which would increase the Common Expenses.

The Units in the Condominium are built in close proximity to one another, resulting in the sharing of common walls, floors and ceilings. As a result, noise and vibration may be detectable between Units or between Units and the Common Elements. Therefore, an Owner or Occupant shall not conduct activities within a Unit or use a Unit in a manner that interferes with or causes disruption to the use and quiet enjoyment of another Unit by its respective Owner and Occupant.

Furthermore, noxious, destructive or offensive activity shall not be carried on within any portion of the Condominium. No Owner or Occupant of a Unit may use or allow the use of the Unit or any portion of the Condominium at any time, in any way or for any purpose which may endanger the health, unreasonably annoy or disturb or cause embarrassment, or discomfort to other Owners or Occupants, or in such a way as to constitute, in the sole opinion of the Board of Directors, a nuisance. In addition, no Owner or Occupant of a Unit may use or allow the use of a Unit or the Common Elements in any manner which creates disturbint; noises, including, without limitation, use of stereo speakers or equipment that will in the sole discretion of the Board of Directors interfere with the rights, comfort or convenience of the other Owners or Occupants. Nothing herein, however, shall be construed to affect the rights of an aggrieved Owner to proceed individually for relief from interference with his or her property or personal rights.

No Owner, Occupant or agent of such Owner or Occupant shall do any work which, in the reasonable opinion of the Association's Board of Directors or its designee, would jeopardize the soundness or safety of the Condominium or any structure created thereon, would reduce the value thereof, or would impair any easement or other interest in real property thereto, without in every such case the unanimous, prior written consent of all members of the Association and their Mortgagees.

No damage to or waste of the Common Elements, or any part thereof, shall be permitted by any Owner or member of his or her family or any invitee of any Owner. Each Owner shall indemnify and hold the Association and the other Owners harmless against all loss to the Association or other Owners resulting from any such damage or waste caused by such Owner, members of his or her family, guests, invitees, or Occupants of his or her Unit.

(g) Firearms and Fireworks. The display or discharge of firearms or fireworks on the Common Elements or Limited Common Elements is prohibited; provided, however, the display of lawful firearms on the Common Elements or Limited Common Elements is permitted by law enforcement officers and also is permitted for the limited purpose of transporting the firearms across the Common Elements or Limited Common Elements to or from the Owner's Unit. The term "firearms" includes "B-B" guns, pellet guns, and other firearms of all types, regardless of size. The term "fireworks" shall include those items as listed in 0.C.G.A 4 25-10-1, as amended.

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(h) Bets. No Owner or Occupant may keep any animal on any portion of the Condominium except as expressly permitted in this subparagraph. An Owner or Occupant may keep no more than a total of two (2) dogs and/or cats per Unit and a reasonable number of other generally recognized household pets, as determined in the Board's sole discretion, weighing less than two (2) pounds each (including by way of illustration, but not limitation, fish, gerbils and small birds).

No Owner or Occupant may keep, breed or maintain any pet for any commercial purpose, and no structure for the care, housing, or confinement of any pet shall be constructed or maintained on any part of the Common Elements, including Limited Common Elements, without prior written ARC approval. No pets are allowed on any portion of the Common Elements except for the designated dog walk area, if any;

provided, however, an Owner or Occupant may walk a pet across the Common Elements to reach such dog walk area, if any, or to enter or exit the Condominium property. Notwithstanding the foregoing, pets must be kept on a leash and be under the physical control of a responsible person at all times while on the Common Elements, but excluding the Limited Common Elements. Feces left upon the Common Elements:

or in any area subject to the Reciprocal Easement Agreement by pets must be immediately removed by the owner of the pet or the person responsible for the pet.

No potbellied pigs, snakes, pit bulldogs, Rotweillers, or Doberman Pinschers, may be brought onto or kept on the Condominium at any time. In addition, other animals determined in the Board's sole discretion to be dangerous shall not be brought onto or kept on the Condominium at any time. The Board may require that any pet that, in the Board's opinion, endangers the health of any Owner or Occupant or creates a nuisance or unreasonable disturbance, be permanently removed from the Condominium upon seven (7) days written notice. If the Owner or Occupant fails to do so, the Board may remove the pet. The Board may remove any pet, which, in the Board's sole discretion, presents an immediate danger to the health, safety or property of any community member, without prior notice to the pet's owner.

Any Owner or Occupant who keeps or maintains any pet upon the Condominium shall be deemed to have agreed to indemnify and hold the Association, its directors, officers, and agents free and harmless from any loss, claim or liability of any kind or character whatever arising by reason of keeping or maintaining such pet within the Condominium.

I Parking A parking space assigned as a Limited Common Element, exclusively serving a particular Unit may only be used by the Owner or Occupants to whom the parking spaces is assigned, and his/her guests and families.

For so long as Declarant owns a Unit primarily for the purpose of sale. Declarant may sell more parking spaces (which parking spaces shall thereafter be Limited Common Elements appurtenant to the Unit to which they have been sold) to an Owner and may adopt rules regulating the use of unassigned parking spaces.

Vehicles permitted under this subparagraph may be parked only in designated, lined parking spaces, or other areas authorized in writing by the Board.

Disabled and stored vehicles are prohibited from being parked on the Condominium. For purposes hereof, a vehicle shall be considered "disabled" if it does not have a current license tag or is obviously inoperable. A vehicle shall be considered "stored" if it remains on the Condominium without being driven for fourteen (14) consecutive days or longer without prior written Board permission.

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GSCCCA.org - Image Index Page 28 of 50 iii111111111111111111 Pi: 02766 0162 Boats, trailers, jet-skis and trailers for same, panel trucks, buses, trucks with a load capacity of one

(1) ton or more, vans (excluding vans used by handicapped persons, mini-vans or sport utility vehicles used as passenger vehicles and receiving a "car" or "passenger vehicle" classification by the Georgia Department of Motor Vehicles), recreational vehicles (RVs and motor homes), vehicles used primarily for commercial purposes, and vehicles with commercial writings on their exteriors other than Sheriffs, Marshals, or police officers vehicles marked as such, are also prohibited from being parked on the Condominium, except in areas, if any, that may be designated by the Board as parking areas for particular types of vehicles.

Notwithstanding the above, trucks, vans, commercial vehicles and vehicles with commercial writings on their exteriors shall be allowed temporarily on the Common Elements during normal business hours for the purpose of serving any Unit or the Common Elements; provided, however, no such vehicle shall remain on the Common Elements overnight or for any purpose unless prior written consent of the Board is first obtainer.

If any vehicle is parked on any portion of the Condominium in violation of this Paragraph or in violation of the Association's rules and regulations, the Board or agent of the Association may place a notice on the vetticle specifying the nature of the violation and stating that after twenty-four (24) hours the vehicle may be towed or booted. The notice shall include the name and telephone number of the person or entity that will do the towing or booting and the name and telephone number of a person to contact regarding the alleged violation. If twenty-four (24) hours after such notice is placed on the vehicle the violation continues or thereafter occurs again within six (6) months of such notice, the Board or agent of the Association may have the vehicle towed or booted in accordance with the notice, without further notice to the Owner or user of the vehicle.

B. a vehicle is parked in a fire lane, is blocking another vehicle or access to another Owner's Unit or parking space, is obstructing the flow of traffic, is parked on any grassy area, is parked in a parking space which has been assigned as exclusively serving another Unit, or otherwise creates a hazardous condition, no notice shall be required and the Board or agent of the Association may have the vehicle towed immediately.

If a vehicle is towed in accordance with this subparagraph, neither the Association nor any officer or agent of the Association shall be liable to any person for any claim of damage as a result of the towing activity.

Notwithstanding anything to the contrary herein, the Board may elect to impose fines or use other available sanctions, rather than exercise its authority to tow or boot.

j) Heating of I 'nits in Colder Months In order to prevent breakage of water pipes during colder months of the year resulting in damage to any portion of the Condominium, increased Common Expenses, and increased insurance premiums or cancellation of insurance policies due to numerous damage claims, the thermostats within the Units shall be maintained with the heat in an "on" position and at a minimum temperature setting of fifty-five degrees (55°) Fahrenheit (except during power failures or periods when heating equipment is broken) whenever the temperature is forecasted to or does reach thirty-two degrees i ;32°) Fahrenheit or below. Owners and Occupants of Units shall take all steps possible on a timely basis to keep heating equipment, including, but not limited to, the thermostat, in good working order and repair. The Board of Directors may fine any Owner or Occupant and/or may cause the water service to the violator's Unit to be discontinued for violation of this subparagraph, in addition to any other remedies of the Association.

(k) Signs Except as may be provided for herein or as may be required by legal proceedings, and except for signs which may be erected by Declarant related to the development and sale of Units, no signs, advertising posters, flyers, political placards or billboards of any kind shall be erected, placed, or permitted to remain on the Condominium without the prior written consent of the Board or its designee.

The Board also shall have the authority to adopt regulations permitting temporary signs on the front door of - 24 - 357458_4.d.x.

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GSCCCA.org - Image Index Page 29 of 50 1111111M1111111111 fik 02766 7% 0163 a Unit announcing births, birthdays or other events for limited periods of time. The Board shall have the right to erect reasonable and appropriate signs on behalf of the Association.

(I) Rubbish. Trash, and Garhagt. All rubbish, trash, and garbage shall be regularly removed from the Unit and shall not be allowed to accumulate therein. No garbage or trash shall be placed on the Common Elements or Limited Common Elements outside the Unit, temporarily or otherwise, except in trash dumpsters. Rubbish, trash, and garbage shall be disposed of in sealed bags and either placed in the trash dumpsters, or proper receptacles designated by the Board for collection or removed from the Condominium.

(m) I Tnsightly or I Inkempt Conditions The pursuit of hobbies or other activities, including, but not limited to 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 part of the Condominium. Clothing, bedding, rugs, mops, appliances, indoor furniture, and other household items shall not be placed or stored outside the Unit.

(n) parage Sales Garage sales, yard sales, flea markets, or similar activities are prohibited unless approved in writing by the Board of Directors.

(o) Window Treatments All windows in Units must have window treatments. The color of all window treatments visible from outside the Unit must be white or off-white. Bed sheets shall not be used as window treatments.

Antennas and Satellite Dishes. Except as provided below, no satellite dish, antenna or other device for the transmission or reception of television signals, radio signals or any form of electromagnetic wave or radiation shall be erected, used or maintained on any portion of the Condominium, including the Unit or Limited Common Elements; provided, however, the Association shall have the right to erect, construct and maintain such devices. The following shall apply to all Owners:

(i) No transmission antenna, of any kind, may be erected anywhere on the Condominium, including the Units, without written approval of the Board of Directors or the Architectural Review Committee.

(ii) No direct broadcast satellite (DBS) antenna or multi-channel multi-point distribution service (MMDS) antenna larger than one meter in diameter shall be placed, allowed or maintained upon the Condominium, including the Units and the Limited Common Elements.

(iii) DBS and MMDS satellite dishes or antennas one meter or less in diameter and television broadcast service antennas may only be installed in accordance with Federal Communication Commission (FCC) rules and the rules and regulations of the Association, both as may be amended from time to time.

In the event of a transfer of the Unit which includes a satellite dish or antenna, the Grantee shall assume all responsibility for the satellite dish or antenna and shall comply with this Declaration, the Bylaws and the rules and regulations regarding satellite dishes and antennas, including, but not limited to, those requirements relating to maintenance and removal of satellite dish or antenna.

(q) (killing. The use of outdoor grills on any portion of the Condominium buildings, including without limitation, the screened porches, is prohibited; provided, however, Owners and Occupants are - 25 - 357458_4.do)

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GSCCCA.org - Image Index Page 30 of 50 1111111111111111111111111 Clir266 1,416it permitted to use grills located on the Common Elements that were provided by Declarant or the Association, if any.

Abandoned Personal Property Personal property, other than vehicles as provided for in subparagraph (i) shall not be kept, or allowed to remain for more than twenty-four (24) hours upon any portion of the Common Elements, other than on a Limited Common Element, without prior written Board permission. If the Board determines that a violation exists, then, not less than two (2) days after written notice is placed on the personal property and/or on the front door of the property owner's Unit, if known, the Board may remove and either discard or store the personal property in a location which the Board may determine: and shall have no obligation to return, replace or reimburse the owner of the property. The notice shall include the name and telephone number of the person or entity that will remove the property and the name and telephone number of a person to contact regarding the alleged violation.

The Board, in its discretion, may determine that an emergency situation exists and may exercise its removal tights hereunder without prior notice to the property owner; provided, however, in such case, the Board shall give the property owner, if known, notice of the removal of the property and the location of the property within three (3) days after the property is removed.

Neither the Association nor any officer or agent thereof shall be liable to any person for any claim of damage resulting from the removal activity in accordance herewith. The Board may elect to impose fines or use other available remedies, rather than exercise its authority to remove property hereunder.

(t:) Replacing Carpet with Tile or Hardwood Floors Other than Declarant, no Owner, Occupant, or any other person may replace carpeting with a tile, marble, vinyl, hardwood floor, or other hard surfaced flooring material, on the interior floor of a Unit which is located immediately above another Unit without first obtaining written approval of Declarant or the Architectural Review Committee, as applicable, as set forth in Paragraph 13. Among other factors, Declarant or the Architectural Review Committee, as applicable, may consider whether the change will cause noise to any Unit below which will exceed the average noise level in Units below Units with carpeted floors and that the weight of such proposed flooring is appropriate and will not cause problems to the structure or subflooring.

The Owner applying for such approval shall provide Declarant or the Architectural Review Committee, as applicable, with information regarding these factors, as well as other information requested by Declarant or the Architectural Review Committee regarding the proposed flooring and its effect; provided, however, the noise level requirements shall be considered to be met if the Owner provides .t sound transmission test that the proposed flooring will create a noise level less than a standard level set by reasonable regulation of Declarant or the Architectural Review Committee, as applicable.

t) Sale_Eetiocl Notwithstanding any provisions contained in this Declaration to the contrary, during the period of the sale of the Units it shall be expressly permissible for Declarant, its contractors, agents, employees, assigns and representatives, to maintain and carry on, upon such portion of the Condominium as Declarant may deem necessary, such facilities and activities as in the sole opinion of Declarant may be reasonably required, convenient or incidental to the completion and sale of the Units, including, but without limitation, business offices, signs, model Units and sales offices. The right to maintain and carry on such facilities and activities shall include specifically the right to use the parking facilities on the Condominium for such purposes and to use the Units owned by Declarant as model Units and as offices for the sale of the Units and related activities.

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(u) Move In/Move Out Owner or Occupant shall not move furniture, construction materials, and other over-sized items in or out of the Condominium except during such hours and according to requirements to be determined by the Board of Directors.

(v) I ife-Safety Systems. Owners and Occupants shall not tamper with or disengage any portion of the life-safety systems that serve the Condominium including, without limitation, the sprinkler heads and all branch and feed lines that support such sprinkler heads, and all fire control devices (such as smoke detectors and call boxes), regardless of whether such items are located within the boundaries of a Unit.

15. LEASING.

In order to preserve the character of the Condominium as predominantly owner-occupied, and to comply with the eligibility requirements for financing in the secondary mortgage market, the leasing of Units shall be governed by the restrictions imposed by this Paragraph. Except as provided herein, the leasing of Units shall be prohibited. "Leasing," for the purposes of this Declaration, is defined as regular, exclusive occupancy of a Unit by any Person other than the Owner. For purposes hereof, occupancy by a roommate of an Owner who occupies the Unit as such Owner's primary residence shall not constitute Leasing hereunder.

(a) General. Owners desiring to lease their Units may do so only if they have applied for and received from the Board of Directors either a "Leasing Permit" or a "Hardship Leasing Permit."

Such a permit, upon its issuance, will allow an Owner to lease his or her Unit provided that such Leasing is in strict accordance with the terms of the permit and this Paragraph. The Board of Directors shall have the authority to establish conditions as to the duration and use of such permits consistent with this Paragraph. All Leasing Permits and Hardship Leasing Permits shall be valid only as to a specific Owner and Unit and shall not be transferable between either Units or Owners, but shall be transferable to successors in title to the same Unit.

b) Leasing Permits An Owner's request for a Leasing Permit shall be approved if current, outstanding Leasing Permits have not been issued for more than twenty-five percent (25%) of the total number of Units (excluding Units owned by Declarant) in the Condominium. A Leasing Permit shall be automatically revoked upon the happening of any of the following events: (i) the failure of an Owner to lease hia or her Unit within one hundred eighty (180) days of the Leasing Permit having been issued;

(ii) the failure of an Owner to have his or her Unit leased for any consecutive one hundred eighty (180)

day period thereafter; or (iii) the occurrence of the date referenced in a written notification by the Owner to the Association that the Owner will, as of said date, no longer need the Leasing Permit. If current Leasing Permits have been issued for more than twenty-five percent (25%) of the total number of Units (excluding Units owned by Declarant), no additional Leasing Permits shall be issued (except for Hardship Leasing Permits) until the number of outstanding current Leasing Permits falls below twenty- five percent (25%) of the total number of Units (excluding Units owned by Declarant) in the Condominium. Owners who have been denied a Leasing Permit shall automatically be placed on a waiting list for a Leasing Permit and shall be issued the same if they so desire when the number of current outstanding Leasing Permits issued falls to twenty-five percent (25%) or less of the total number of Units (excluding Units owned by Declarant) in the Condominium. The issuance of a Hardship Leasing Permit to an Owner shall not cause the Owner to be removed from the waiting list for a Leasing Permit.

(C) Hardship I easing Pero its If the failure to lease will result in a hardship, the Owner may seek to lease on a hardship basis by applying to the Board of Directors for a Hardship Leasing Permit. The - 27 - 357458_44 x 10931-003 http://search.gsccca.org/Imaging/HTML5Viewer.aspx?id=24082559&key1=2766&key2=1... 6/21/2018

GSCCCA.org - Image Index Page 32 of 50 1111111111111111111M rsk 02 766 Pt 0166 Board of Directors shall have the authority to issue or deny requests for Hardship Leasing Permits in its discretion after considering the following factors: (i) the nature, degree, and likely duration of the hardship, (ii the harm, if any, which will result to the Condominium if the permit is approved, (iii) the number of Hardship Leasing Permits which have been issued to other Owners, (iv) the Owner's ability to cure the hardship, and (v) whether previous Hardship Leasing Permits have been issued to the Owner. A "hardship"

as described herein shall include, but not be limited to the following situations: (A) an Owner must relocate his or her residence outside the greater Atlanta metropolitan area and cannot, within six (6) months from the date that the Unit was placed on the market, sell the Unit except at a price below the current appraised market value, after having made reasonable efforts to do so; (B) where the Owner dies and the Unit is being administered by his or her estate; and (C) the Owner takes a leave of absence or temporarily relocates and intends to return to reside in the Unit. Hardship Leasing Permits shall be valid for a term not to exceed one

(1) year. Owners may apply for additional Hardship Leasing Permits. Hardship Leasing Permits shall be automatically revoked if during the term of the permit, the Owner is approved for and receives a Leasing Permit.

(d) I ,easing Pmvisinns Leasing which is authorized, pursuant to permit, hereunder shall be governed by the following provisions:

(i) Notice. At least seven (7) days prior to entering into the lease of a Unit, the Owner snail provide the Board with a copy of the proposed lease agreement. The Board shall approve or disapprove the form of said lease. In the event a lease is disapproved, the Board shall notify the Owner of the requisite action to be taken in order to bring the lease in compliance with the Declaration and any rules and regulations adopted pursuant thereto.

(ii) General. Units may be leased only in their entirety; no fraction or portion may be teased without prior written Board approval. All leases shall be in writing and in a form approved by the Board prior to the effective date of the lease. The Board may maintain and, upon request, provide a form that is deemed acceptable. There shall be no subleasing of Units or assignment of !cases without prior written Board approval. All leases must be for an initial term of not less than three (3) months, except with written Board approval, which shall not be unreasonably withheld in cases of undue hardship. Within ten (10) days after executing a lease agreement for the lease of a 'nit, the Owner shall provide the Board with a copy of the lease and the name of the lessee and all other people occupying the Unit. The Owner must provide the lessee copies of the Declaration, Bylaws, and the rules and regulations. Nothing herein shall be construed as giving the Association the right to approve or disapprove a proposed lessee; the Board's approval or disapproval shall be limited to the form of the proposed lease.

(iii) I iahility for Assessments lice of Common Elements, and Compliance with Declaration, Bylaws, and Rules and Regulations. 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 the lease by existence of this covenant, and the lessee, by occupancy of the Unit, agrees to the applicability of this covenant and incorporation of the following language into the lease:

(A) Compliance with Declaration_ Bylaws, and Rules and Regulations. The lessee shall comply with all provisions of the Declaration, Bylaws, and rules and regulations adopted pursuant thereto and shall control the conduct of all other Occupants and guests of the leased Unit in order to ensure such compliance. The Owner shall cause all Occupants of his or her Unit to comply with the Declaration, Bylaws, and the rules and regulations adopted pursuant thereto, and shall be responsible for all violations by such - 28 - 357458_44K 10931-003 http://search.gsccca.org/Imaging/HTML5Viewer.aspx?id=24082559&key1=2766&key2=1... 6/21/2018

GSCCCA.org - Image Index Page 33 of 50 1111111111111111111111 Bk 02766 Pg 0167 Occupants, notwithstanding the fact that such Occupants of the Unit are fully liable and may be sanctioned for any such violation. If the lessee, or a person living with the lessee, violates the Declaration, Bylaws, or a rule or regulation for which a fine is imposed, notice of the violation shall be given to the Owner and the lessee, and such fine may be assessed against the lessee in accordance with Article V of the Bylaws. If the fine is not paid by the lessee within the time period set by the Board, the Owner shall pay the fine upon notice from the Association of the lessee's failure to pay the fine. Unpaid fines shall constitute a lien against the Unit.

Any violation of the Declaration, Bylaws, or rules and regulations adopted pursuant thereto by the lessee, any Occupant, or any guest of lessee, is deemed to be a default under the terms of the lease and authorizes the Owner to terminate the lease without liability and to evict the lessee in accordance with Georgia law. The Owner hereby delegates and assigns to the Association, acting through the Board, the power and authority of enforcement against the lessee for breaches resulting from the violation of the Declaration, Bylaws, and the rules and regulations adopted pursuant thereto, including the power and authority to evict the lessee as attorney-in-fact on behalf and for the benefit of the Owner, in accordance with the teens hereof. If the Association proceeds to evict the lessee, any costs, including reasonable attorneys' fees actually incurred and court costs associated with the eviction shall be an assessment and lien against the Unit.

(B) I Ice of Common Elements The Owner transfers and assigns to the lessee, for the term of the lease, any and all rights and privileges that the Owner has to use the Common Elements, including but not limited to, the use of any and all recreational facilities and other amenities.

(C) J lability for Assessments When an Owner who is leasing his or her Unit fails to pay any annual or special assessment or any other charge for a period of more than thirty (30) days after it is due and payable, then the delinquent Owner hereby consents to the assignment of any rent received from the lessee during the period of delinquency, and, upon request by the Board, lessee shall pay to the Association all unpaid annual and special assessments and other charges payable during and prior to the term of the lease and any other period of occupancy by lessee. However, lessee need not make such payments to the Association in excess of, or prior to the due dates for, monthly rental payments unpaid at the time of the Board's request. All such payments made by lessee shall reduce, by the same amount, lessee's obligation to make monthly rental payments to lessor. If lessee fails to comply with the Board's request to pay assessments or other charges, lessee shall pay to the Association all amounts authorized under the Declaration as if lessee were an Owner.

The above provision shall not be construed to release the Owner from any obligation, including the obligation for assessments, for which he or she would otherwise be responsible.

(e) Applicability of this Par-wait. Notwithstanding the above, this Paragraph shall not apply to any leasing transaction entered into by Declarant (regardless of whether said lease is entered into prior to or after the expiration of Declarant's right to appoint and remove officers and directors of the Association pursuant to Article III, Part A, Section 2 of the Bylaws), the Association, or the holder of any first Mortgage on a Unit who becomes the Owner of a Unit through foreclosure or any other means pursuant to the satisfaction of the indebtedness secured by such Mortgage. Such parties shall be permitted to lease a Unit without first obtaining a permit in accordance with this Paragraph, and such Units shall not considered as - 29 - 35745/1_4.dor 10931-003 http://search.gsccca.org/Imaging/HTML5Viewer.aspx?id=24082559&key1=2766&key2=1... 6/21/2018

GSCCCA.org - Image Index Page 34 of 50 111111111111111111111111 Bk 02766 Pt 0168 being leased in determining the maximum number of Units that may be leased in accordance with this Paragraph.

16. SAT E OF INrrs, An Owner intending to make a transfer or sale of a Unit or any interest in a Unit shall give written notice to the Board of Directors of such intention within seven (7) days after execution of the transfer or sales documents. The Owner shall furnish to the Board as part of the notice (i) the name and address of the intended grantee; and (ii) such other information as the Board may reasonably require. This Paragraph shall not be construed to create a right of first refusal in the Association or in any third party.

In addition, a non-refundable contribution to the working capital fund of the Association shall be paid to the Association by the purchaser of a Unit at the closing of each sale or resale of a Unit in the amount of two (2) months of the general assessment charges to such Unit in accordance with Paragraph 10(i) hereof.

Within seven (7) days after receiving title to a Unit, the purchaser of the Unit shall give written notice to the Board of Directors of his or her ownership of the Unit. Upon failure of an Owner to give the required notice within the seven (7) day time period provided herein, the Board may levy fines against the Unit and the Owner thereof, and assess the Owner for all costs incurred by the Association in determining his or her identity.

17. MA INTEN A NCF. RF.SPONSIR .ITY

(a) By the Owner. Each Owner shall have the obligation to maintain and keep in good repair all portions of his or her Unit and all improvements made by the Owner to the Limited Common Elements assigned to the Unit except any portion of a Unit which is expressly made the maintenance obligation of the Association as set forth in subparagraph (b) below. This maintenance responsibility shall include, but not be limited to the following: all glass surfaces (excluding exterior cleaning), windows, window frames (except for periodic painting, staining and/or cleaning of the exterior window frames), casings and locks (including caulking of windows); all doors, doorways, door frames, and hardware that are part of the entry system of the Unit (except for periodic painting, staining and/or cleaning of the exterior surface of entry doors and door frames facing the hallway of the Condominium); all portions of the heating and air conditioning system, including the air conditioning compressor and the fan coil serving the Unit; and all pipes, linos, ducts, conduits, or other apparatus which serve only the Unit, whether located within or without a Unit's boundaries (including all electricity, water, sewer, or air conditioning pipes, lines, ducts, conduits, or other .apparatus serving only the Unit).

In addition, each Owner shall have the responsibility:

(i) serving his or her Unit.

To keep in a neat, clean and sanitary condition any Limited Common Elements (ii) To perform his or her responsibility in such manner so as not to unreasonably disturb other persons in other Units.

(iii) To promptly report to the Association or its agent any defect or need for repairs, for which the Association is responsible.

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GSCCCA.org - Image Index Page 35 of 50 1111111111111111111111 Bk 02766 Pt 01 69 (iv) To pay for the cost of repairing, replacing or cleaning up any item which is the responsibility of the 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 Owner, his or her family, tenants or guests, with the cost thereof to be added to and become part of the Owner's next chargeable assessment.

(b) Ry the Association The Association shall maintain and keep in good repair as a Common Expense the "Area of Common Responsibility," which includes the following:

(i) all Common Elements, including any Limited Common Elements, but excluding all improvements made to such Limited Common Elements; provided, however, the cost of maintenance and repair of Limited Common Elements may be assessed against the Owner to whom the Limited Common Element is assigned under Paragraph 8(b)(i);

(ii) all portions of the roofs and the roofs support systems, including the roofs joists and cross braces, even if such roofs joists and cross braces are located within a Unit;

(iii) periodic painting, staining and/or cleaning of exterior surfaces of the Condominium buildings, exterior window frames, and entry doors and door frames facing the hallway of the Condominium, on a schedule to be determined by the Board of Directors;

(iv) the Board of Directors; and periodic cleaning of exterior window surfaces on a schedule to be determined by

(v) life safety, including, but not limited to, interior sprinkler systems, and building systems.

Subject to the maintenance responsibilities herein provided, any maintenance or repair performed on or to the Common Elements by an Owner or Occupant which is the responsibility of the Association hereunder (including, but not limited to landscaping of Common Elements) shall be performed at the sole expense of such Owner or Occupant, and the Owner or Occupant shall not be entitled to reimbursement from the Association even if the Association accepts the maintenance or repair.

The Association shall repair incidental damage to any Unit resulting from performance of work that is the responsibility of the Association. As finish levels can have varying degrees, such repairs will be complete only to the extent of being "paint-ready". Such repair and subsequent cleaning shall be performed based on a reasonableness standard. In performing its responsibilities hereunder, the Association shall have the authority to delegate to such persons, firms or corporations of its choice, such duties as are approved by the Board of Directors.

The Association shall not be liable for injury or damage to person or property caused by the elements or by the Owner of any Unit, or any other person, or resulting from any utility, rain, snow or ice which may leak or flow from any portion of the Common Elements or from any pipe, drain, conduit, appliance gar equipment which the Association is responsible to maintain hereunder, except for injuries or damages arising after the Owner of a Unit has put the Association on notice of a specific leak or flow from any portion of the Common Elements and the Association has failed to exercise due care to correct the leak or flow within a reasonable time thereafter. The Association shall not be liable to the Owner of any Unit or such Owner's Occupant, guest, or family, for loss or damage, by theft or otherwise, of any property which - 31 - 3574513_4.dc.c 10931-003 Intp://search.gsccca.org/Imaging/HTML5Viewer.aspx?id=24082559&key1=2766&key2=1... 6/21/2018

GSCCCA.org - Image Index Page 36 of 50 1111111111111111 Bk 02766 Pg 0170 may be stored in or upon any of the Common Elements. The Association shall not be liable to any Owner.

or any Owner's Occupant, guest or family for any damage or injury caused in whole or in part by the Association's failure to discharge its responsibilities under this Paragraph where such damage or injury is not a foreseeable, natural result of the Association's failure to discharge its responsibilities. No diminution or abatement of assessments shall be claimed or allowed by reason of any alleged failure of the Association to take some action or perform some function required to be taken or performed by the Association under this Declaration, or for inconvenience or discomfort arising from the making of repairs or improvements which are the responsibility of the Association, or from any action taken by the Association to comply with any law, ordinance, or with any order or directive of any municipal or other governmental authority.

((;) Failure to Maintain. If the Board of Directors determines that any Owner has failed or refused to discharge properly his or her obligation with regard to the maintenance, repair, or replacement of items of which he or she is responsible hereunder, then, the Association shall give the Owner written notice of the Owner's failure or refusal and of the Association's right to provide necessary maintenance, repair, or replacement at the Owner's cost and expense. The notice shall set forth with reasonable particularity the maintenance, repair, or replacement deemed necessary by the Board of Directors.

Unless the Board of Directors determines that an emergency exists, the Owner shall have ten (10)

days within which to complete maintenance or repair, or if the maintenance or repair is not capable of completion within such time period, to commence replacement or repair within ten (10) days. If the Board determines that: (i) an emergency exists or (ii) that an Owner has not complied with the demand given by the Association as herein provided; then the Association may provide any such maintenance, repair, or replacement at the Owner's sole cost and expense, and such costs shall be added to and become a part of the assessment to which such Owner is subject, shall become and be a lien against the Unit, and shall be collected as provided herein for the collection of assessments.

If the Board determines that the need for maintenance or repair is in the Area of Common Responsibility and is caused through the willful or negligent act of any Owner, or Occupant or their family, guests, lessees, or invitees, then the Association may assess the cost of any such maintenance, repair, or replacement against the Owner or Occupant's Unit, shall become a lien against the Unit, and shall be collected as provided herein for the collection of assessments.

td)

(i) The Board of Directors, upon resolution, shall have the authority to require all or any Owner(s) to do any act or perform any work involving portions of the Condominium which are the maintenance responsibility of the Owner, which will, in the Board's sole discretion, decrease the possibility of fire or other damage in the Condominium, reduce the insurance premium paid by the Association for any insurance coverage or otherwise assist the Board in procuring or maintaining ;uch insurance coverage. This authority shall include, but need not be limited to, requiring Owners to install and maintain smoke detectors, requiring Owners to certify that they have checked the batteries for their smoke detectors. requiring Owners to allow the Association to inspect the smoke detectors and replace batteries if needed on a schedule to be determined by the Board of Directors, requiring Owners to make improvements to the Owner's Unit, and such other measures as the Board may reasonably require so long as the cost of such work does not exceed Three Hundred Dollars ($300) per Unit in any twelve (12) month period.

(ii) In addition to, and not in limitation of, any other rights the Association may have, if any Owner does not comply with any requirement made by the Board of Directors pursuant to subparagraph (d)(i) above, the Association, upon fifteen (15) days' written notice (during which - 32 - 357458 4.doc 10931-003 finp://search.gsccca.org/Imaging/HTML5Viewer.aspx?id=24082559&key1=2766&key2=1... 6/21/2018

GSCCCA.org - Image Index Page 37 of 50 11111111111111111 Bk 02766 Pg 0171 period the Owner may perform the required act or work without further liability), may perform such required act or work at the Owner's sole cost. Such cost shall be an assessment and a lien against the Unit as provided herein. The Association shall have all rights necessary to implement the requirements mandated by the Board pursuant to subparagraph (d)(i) of this Paragraph, including, but not limited to, a right of entry during reasonable hours and after reasonable notice to the Owner or Occupant of the Unit, except that access may be had at any time without notice in an emergency saltation.

(e) Mold and/nr Mildew. Mold and/or mildew can grow in any portion of the Condominium that is exposed to elevated levels of moisture. The Association and each Owner agree to: (i) regularly inspect the parts of the Condominium that they respectively maintain, and which are visible and accessible without having to first conduct invasive testing, for the existence of mold, mildew, and/or water intrusion (except when the water intrusion is part of the normal functioning of improvements and appliances such as showers, sinks, dishwashers, and other similar appliances and improvements) and/or damage; (ii) upon discovery, immediately repair in a good and workmanlike condition the source of any water intrusion in the parts of the Condominium that they respectively maintain; (iii) remediate or replace any building material located in the parts of the Condominium that they respectively maintain that has absorbed water or moisture as a result of water intrusion; and (iv) promptly and regularly remediate all mold and/or mildew discovered in the parts of the Condominium that they respectively maintain in accordance with current industry-accepted methods. In addition, the Association agrees to notify the Owners, and each Owner agrees to notify the Association of the discovery of mold, mildew, and/or water intrusion and/or damage in the parts of the Condominium that they respectively maintain. Each Owner further agrees not to block or cover any of the heating, ventilation or air-conditioning ducts located in the Unit.

Notwithstanding anything to the contrary herein, Declarant shall have no obligation to perform any invasive testing or inspections, maintenance or repairs in accordance with this subparagraph 17(e), and shall not be held liable for any loss or damage caused by the failure of the Association or an Owner to perform their obligations herein.

18. MORTCIAMP'S RIC11-11.

(a) Unless at least two-thirds (2/3) of the first Mortgagees and Owners give their consent, the Association or the membership shall not:

by act or omission seek to abandon or terminate the Condominium;

(ii) change the pro rata interest or obligations of any individual Unit for the purpose of

(A) levying assessments or charges or allocating distributions of hazard insurance proceeds or condemnation awards; or (B) determining the pro rata share of ownership of each Unit in the Common Elements;

(iii) this Declaration;

partition or subdivide any Unit in any manner inconsistent with the provisions of (iv) by act or omission seek to abandon, partition, subdivide, encumber, sell, or transfer the Common Elements (the granting of easements or licenses, as authorized herein, shall not be deemed a transfer within the meaning of this clause); or - 33 - 357458..4.doc 10931-003 hnp://search.gsccca.org/Imaging/HTML5Viewer.aspx?id=24082559&key1=2766&key2=1... 6/21/2018

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(v) use hazard insurance proceeds for losses to any portion of the Condominium t whether to Units or to Common Elements) for other than the repair, replacement, or reconstruction o' such portion of the Condominium.

The provisions of this subparagraph shall not be construed to reduce the percentage vote that must be obtained from Mortgagees or Owners where a larger percentage vote is otherwise required by the Act or the Condominium Instruments for any of the actions contained in this Paragraph.

(b) Where the Mortgagee holding a first Mortgage of record, a secondary purchase money Mortgage of record (provided that neither the grantee nor any successor grantee on the secondary purchase money Mortgage is the seller of the Unit) or other purchaser of a Unit obtains title pursuant to judicial or nonjudicial foreclosure of the Mortgage, it shall not be liable, nor shall the Unit be subject to a lien, for the share of the Common Expenses or assessments by the Association chargeable to such Unit which became due prior to such acquisition of title. Such unpaid share of Common Expenses or assessments shall be deemed to be Common Expenses collectible from Owners of all the Units, including such acquirer, its successors and assigns. Additionally, such acquirer shall be responsible for all charges accruing subsequent to the passage of title, including, but not limited to, all charges for the month in which title is passed.

(c) Upon written request to the Association, identifying the name and address of the holder and the Unit number or address, any Eligible Mortgage Holder will be entitled to timely written notice of:

(i) any condemnation loss or any casualty loss which affects a material portion of the Condominium or any Unit on which there is a first Mortgage held by such Eligible Mortgage Holder;

(ii) any delinquency in the payment of assessments or charges owed by an Owner of a Unit subject to a first Mortgage held by such Eligible Mortgage Holder which remains unsatisfied for a period of sixty (60) days, and any default in the performance by an individual Owner of any other obligation under the Condominium Instruments which is not cured within sixty (60) days;

(iii) any lapse, cancellation, or material modification of any insurance policy or fidelity bond maintained by the Association; or (iv) any proposed action that would require the consent of a specified percentage of Eligible Mortgage Holders, as specified herein.

(d) Upon written request to the Association, identifying the name and address of the holder and the Unit number or address, any Eligible Mortgage Holder, or insurer or guarantor of a first mortgage on a Unit, will be entitled to timely written notice of:

(i) any proposed amendment of the Condominium Instruments effecting a change in

(a) the boundaries of any Unit or the exclusive easement rights appertaining thereto; (b) the interests in the Common Elements 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 purposes to which any Unit or the Common Elements are restricted;

(ii) any proposed termination of the Condominium;

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GSCCCA.org - Image Index Page 39 of 50 111111111111111311111 Bk 02766 Pg 0173 (iii) any condemnation loss or any casualty loss which affects a material portion of the Condominium or any Unit on which there is a first Mortgage held by such Eligible Mortgage Holder;

(iv) any delinquency in the payment of assessments or charges owed by an Owner of a Unit subject to a first Mortgage held by such Eligible Mortgage Holder which remains unsatisfied for a period of sixty (60) days, and any default in the performance by an individual Owner of any other obligation under the Condominium Instruments which is not cured within sixty (60) days;

(v) any lapse, cancellation, or material modification of any insurance policy or fidelity bond maintained by the Association; or (vi) any proposed action that would require the consent of a specified percentage of Eligible Mortgage Holders, as specified herein.

(e) Any holder of a first Mortgage shall be entitled, upon written request, to receive within a reasonable time after request, a copy of the financial statement of the Association for the immediately preceding fiscal year, free of charge to the Mortgagee so requesting.

( Notwithstanding anything to the contrary herein contained, the provisions of Paragraphs 15 and 16 governing leasing and sales of units, respectively, shall not apply to impair the right of any first Mortgagee to:

(i) foreclose or take title to a Unit pursuant to remedies contained in its Mortgage; or (ii) take a deed or assignment in lieu of foreclosure; or (iii) sell, lease, or otherwise dispose of a Unit acquired by the Mortgagee.

(g) No Priority No provision of this Declaration or the Bylaws gives or shall be construed as giving any Owner or other party priority over any rights of the first mortgagee of any Unit in the case of distribution to such Owner of insurance proceeds or condemnation awards for losses to or a taking of the Common Elements.

(h) Notice to Associatinu. Upon request, each Owner shall be obligated to furnish to the Association the name and address of any mortgagee encumbering such Owner's Unit.

(i) Failure of Mortgage vt to Respoad. Any Mortgagee who receives a written request from the Board to respond to any action shall be deemed to have approved such action if the Association does not receive t written response from the Mortgagee within thirty (30) days of the date of the Association's request. provided such request is delivered to the Mortgagee by certified or registered mail, return receipt requested

j) Constntrtion of this Paragraph Nothing contained in this Paragraph shall be construed to reduce the percentage vote that must otherwise be obtained under the Condominium Instruments or Georgia law for any of the actions set forth in this Paragraph.

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19. GENERAL PROVISIONS.

SECURITY. THE ASSOCIATION OR DECLARANT MAY, BUT SHALL NOT BE

REQUIRED TO, FROM TIME TO TIME, PROVIDE MEASURES OR TAKE ACTIONS WHICH

DIRECTLY OR INDIRECTLY IMPROVE SECURITY ON THE CONDOMINIUM; HOWEVER,

EACH OWNER, FOR HIM OR HERSELF AND HIS OR HER TENANTS, GUESTS, LICENSEES,

AND INVITEES, ACKNOWLEDGES AND AGREES THAT NEITHER THE ASSOCIATION NOR

DECLARANT IS A PROVIDER OF SECURITY AND NEITHER PARTY SHALL HAVE A DUTY

TO PROVIDE SECURITY ON THE CONDOMINIUM, FURTHERMORE, THE ASSOCIATION

DOES NOT GUARANTEE THAT NON-OWNERS AND NON-OCCUPANTS WILL NOT GAIN

ACCESS TO THE CONDOMINIUM AND COMMIT CRIMINAL ACTS ON THE

CONDOMINIUM NOR DOES THE ASSOCIATION GUARANTEE THAT CRIMINAL ACTS ON

THE CONDOMINIUM WILL NOT BE COMMITTED BY OTHER OWNERS OR OCCUPANTS.

IT SHALL BE THE RESPONSIBILITY OF EACH OWNER TO PROTECT HIS OR HER

PERSON AND PROPERTY AND ALL RESPONSIBILITY TO PROVIDE SUCH SECURITY

SHALL, LIE SOLELY WITH EACH OWNER. NEITHER DECLARANT NOR THE

ASSOCIATION SHALL BE HELD LIABLE FOR ANY LOSS OR DAMAGE BY REASON OF

FAILURE TO PROVIDE ADEQUATE SECURITY OR INEFFECTIVENESS OF MEASURES

UNDERTAKEN.

Dispute Resolution. Prior to filing a lawsuit against the Association, the Board, or any

officer, director, or property manager of the Association, an Owner or Occupant must request and attend a

hearing with the Board of Directors. Any such request shall be in writing and shall be personally delivered

to any member of the Board of Directors or the property manager, if any, of the Association. The Owner or

Occupant shall, in such request and at the hearing, make a good faith effort to explain the grievance to the

Board and resolve the dispute in an amicable fashion, and shall give the Board a reasonable opportunity to

address the Owner or Occupant's grievance before filing suit. Upon receiving a request for a hearing, the

Board shall give notice of the date, time and place of the hearing to the person requesting the hearing. The

Board shall schedule this hearing for a date not less than seven (7) or more than twenty-one (21) days from

Parking Spaces, Garages and Vehicles. Neither Declarant nor the Association shall be held

liable for any loss or damage arising from theft, vandalism, malicious mischief, or any loss or damage

resulting from water or acid damage, to any property placed or kept in any parking space in the

Condominium. Each Owner or Occupant with use of a parking space who places or keeps a vehicle and/or

any personal property in the vehicle, does so at his or her own risk.

Unit Keys. At the request of the Association, each Owner, by acceptance of a deed to a

Unit, agrees to provide the Association with a key to the Unit (and the security alarm code, if any) to be

used by the Association for maintenance, emergency, security or safety purposes as provided in

subparagraph 9(a) of this Declaration (and for pest control, if necessary, as provided in subparagraph 21(e)

of this Declaration). Neither Declarant nor the Association shall be liable for any loss or damage due to its

holding such key, or use of such key for the purposes described above and each Owner shall indemnify and

hold hamless Declarant, the Association and its officers and directors against any and all expenses,

including attomeys' fees, reasonably incurred by or imposed upon Declarant, the Association or its officers

or directors in connection with any action, suit, or other proceeding (including settlement of any such action,

suit or proceeding) brought by the Owner or the Owner's family, tenants, guests, employees, invitees, or

licensees against Declarant, the Association, its officers or directors arising out of or relating to its holding

or use of such key for the purposes described above.

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(e) Right of Action All Owners hereby acknowledge and agree that the Association shall not be entitled to institute any legal action against anyone on behalf of any or all of the Owners which is based on any alleged construction defect (as such term is defined in O.C.G.A. § 8-2-36) in any Unit, the Common Elements or the Limited Common Elements, or any damage allegedly sustained by any Owner by reason thereof, except the Association may bring an action against a Contractor to recover damages resulting from construction defects in any of the Common Elements or Limited Common Elements. Such action may be maintained only after:

(1) The Association first obtains the written approval of each Owner whose interest in the Common Elements or Limited Common Elements will be the subject of the action;

(ii) A vote or written agreement of the Owners to which at least a majority of the votes of the members of the Association are allocated;

(iii) The Board and the Contractor have met in person and conferred in a good faith attempt to resolve the Association's claim or Contractor has definitively declined or ignored the requests to meet with the Board; and (iv) The Association has otherwise satisfied all of the pre-action requirements for a claimant to commence an action as set forth in 0.C.G.A. § 8-2-35, et seq.

Notwithstanding the above, once the Declarant no longer has the right to appoint and remove directors and officers, as set forth in Article III, Part A, Section 2 of the Bylaws, the Association's Board of Directors may negotiate the resolution of any alleged defect(s) in the Common Elements or Limited Common Elements on behalf of the Owners and shall have the right and authority to settle and release on behalf of any and all of the Owners claims, causes of action, damages and suits involving the same. Any such settlement and release shall bind all Owners and their successors and assigns. As set forth in Paragraph 22 hereof, no amendment to this Declaration shall (i) modify, alter, or delete any provision of this Declaration that benefits the Declarant or any rights, privileges, easements, protections, or defenses of the Declarant; or (ii) alter the rights of the Owners or the Association in relationship to the Declarant, without the written consent of the Declarant attached to and recorded with such amendment.

(r; SliccegRor neclaranN. Any successor to Declarant shall not be responsible or subject to liability by operation of law or through the purchase of Declarant's interest in the Condominium or any portion thereof at foreclosure or otherwise for any act, omission, or matter occurring or arising from any act, omission, or matter occurring prior to the time the successor succeeded to the interest of Declarant.

(g) Disrlostzes. Each Owner and Occupant acknowledge the following:

(i) The Condominium is located adjacent to thoroughfares that may be affected by traffic and noise from time to time and may be improved and/or widened in the future.

(ii) The views from an Owner's Unit may change over time due to, among other circumstances, additional development and the removal or addition of landscaping.

(iii) No representations are made regarding the zoning of adjacent property, or that the category to which adjacent property is zoned may not change in the future.

(iv) No representations are made regarding the schools that currently or may in the future serve the Unit.

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(v) Since in every neighborhood, there are conditions that different people may find objectionable, it is acknowledged that there may be conditions outside of the Condominium property that an Owner or Occupant may find objectionable and that it shall be the sole responsibility of the Owners and Occupants to become acquainted with neighborhood conditions that could affect the Unit.

(vi) No representations are made that the Unit is or will be soundproof or that sound may not be transmitted from one Unit to another.

(vii) The Condominium floor plans and the dimensions and square footage calculations shown thereon are only approximations. Any Owner who is concerned about any representations regarding the floor plans should do his/her own investigation as to the dimensions, measurements and square footage of his/her Unit.

(viii) All Owners and Occupants acknowledge and understand that Declarant may be onstructing/renovating portions of the Condominium and engaging in other construction activities related to the construction of Common Elements and additional phases of the Condominium. Such renovation and construction activities may, from time to time, produce certain conditions on the Condominium, including, without limitation: (A) noise or sound that is objectionable because of its volume, duration, frequency or shrillness; (B) smoke; (C) noxious, toxic, or corrosive fumes or gases; (D) obnoxious odors; (E) dust, dirt or flying ash; (F) unusual fire or explosion hazards; (0) temporary interruption of utilities; and/or (II) other conditions that 1Pay threaten the security or safety of Persons on the Condominium. Notwithstanding the k.regoing. all Owners and Occupants agree that such conditions on the Condominium resulting tram renovation and construction activities shall not be deemed a nuisance and shall not cause Declarant and its agents to be deemed in violation of any provision of the Declaration.

(ix) Exposed concrete surfaces in portions of the Condominium which are not heated and cooled are subject to cracking due to (A) water penetration, (B) expansion and contraction of the concrete with temperature changes, and (C) building settlement.

(viii) Concrete surfaces in heated and cooled portions of the Condominium are subject to cracking due to building settlement.

(ix) A Unit may trap humidity created by every day living (cooking, bathing, laundering etc.). As a result, condensation may appear on the interior portion of windows and glass surfaces and fogging of windows and glass surfaces may occur due to temperature disparities between the interior and exterior portions of the windows and glass. If left unattended and not properly maintained by Owners and Occupants, the condensation may increase resulting in staining, damage to surrounding seals, caulk, paint, wood work and sheetrock, and potentially, mildew and/or mold (see subparagraph 17(e) of this Declaration).

[ADD OTHER DISCLOSURES]

(h) Smires 'During Declarant ratarol Each Owner acknowledges that Declarant and its affiliates may provide services utilized by communities such as this Condominium including, but not limited to, management services. Each Owner consents and agrees that the Association may enter into service contracts with Declarant and its affiliates.

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(i) Reciprocal Pacement Agreement Every Owner, by acceptance of a deed to a Unit, acknowledges that, in addition to being subject to and bound by the Condominium Instruments, he or she is subject to the Reciprocal Easement Agreement.

(i) Supremacy of Reciprocal Easement Agreement In addition to all of the rights and obligations which have been conferred or imposed upon the Association pursuant to this Declaration, the Bylaws. or the Articles of Incorporation, the Association shall be entitled to exercise any of the rights conferred upon it and shall be subject to all of the obligations imposed upon it pursuant to the Reciprocal Easement Agreement. The Association and all committees of the Association shall also be subject to all superior rights and powers, which have been conferred pursuant to the Reciprocal Easement Agreement.

The Association shall take no action in derogation of the rights of or contrary to the interest of the Reciprtx:al Easement Agreement.

20. RMINENT DOMAIN

In the event of a taking by condemnation or by eminent domain, the provisions of the Act shall prevail and govern; provided, however, any proceeds received for a taking of the Common Elements (other than Limited Common Elements) by condemnation or eminent domain shall, at the option of the Board, either be allocated to the Owners pursuant to O.C.G.A. § 44-3-97(a), as amended, or be deposited into the Association's operating account or reserve account to be applied to Common Expenses. Each holder of a first Mortgage shall be entitled to written notice of any such condemnation proceedings, and nothing in the Condominium Instruments shall be construed to give a priority to any Owner in the distribution of proceeds to such (hit.

21. F. ASEMENTS

(a) Ilse and Enjoyment Each Owner and Occupant shall have a right and a non-exclusive easement of use and enjoyment in and to the Common Elements (including the right of access, ingress and egress to and from his or her Unit over those portions of the Condominium designated for such purpose), and such non-exclusive easement shall be appurtenant to and shall pass with the title to such Unit, subject to

(i) the rights of the Owners to the exclusive use of the Limited Common Elements assigned to their respective Units; (ii) to the right of the Association to control the use and enjoyment of the Common Elements as provided by the terms of this Declaration including, but not limited to, the right of the Association to suspend voting and use privileges as provided herein; and (iii) the right of the Association to have access to the Units and Limited Common Elements assigned to a Unit to discharge its rights and obligations. under the Condominium Instruments, including without limitation, the maintenance responsibility of the Association.

(b) Support. Every portion of a Unit and all Limited Common Elements contributing to the support of an abutting Unit shall be burdened with a non-exclusive easement of support for the benefit of such abutting Unit.

(c) Encroachments The Units and Common Elements shall be subject to non-exclusive easements of encroachment as set forth in the Act.

(d) Utilities. To the extent that the sprinkler system or any utility line, pipe, wire, or conduit serving any Unit, Units or the Common Elements shall lie wholly or partially within the boundaries of another Unit or the Common Elements, such other Unit, Units, or the Common Elements shall be burdened with a non-exclusive easement for the use, maintenance, repair and replacement of such sprinkler system, utility line, pipe, wire or conduit, such non-exclusive easement to be in favor of the Unit, Units, or Common - 39 - 357458_4.doc 10931.003 . 6/21/2018 http://search.gsccca.org/Imaging/HTML5Viewer.aspx?id-24082559&key1=2766&key2=1..

Page 44 of 50 GSCCCA.org - Image Index a 02766 0175 Elements served by the same and the Association. It shall be the obligation of the benefited Owner to maintain, replace and repair any pipe, line, conduit, duct or wire owned by such Owner, even if such pipe, line conduit, duct or wire is located within the boundaries of a Unit of another Owner. In such circumstance, the benefited Owner shall repair all incidental damage to any Unit resulting from performance of any such work. All Owners hereby covenant and agree that as finish levels can have varying degrees, such repairs will be complete only to the extent of being "paint-ready". Components that may require repair or replacement, such as tile and trim, will be reinstalled only to the extent of readily available materials or similar materials (trim and such will also be finished to "paint-ready"). Due to the uncontrollability of quality of repair, items such as faux paint treatment, wallpaper, ceiling/wall appliqué, and any other similar types of finishes, will not be the responsibility of the benefited Owner.

(e) Pest Control The Association may but shall not be obligated to dispense chemicals for the extermination of insects and pests within the Units and Common Elements. In the event the Association chooses to provide such pest control, the Association and its duly authorized contractors, representatives, and agents shall have an easement to enter Units for the purpose of dispensing chemicals for the exterminating of insects and pests within the Units and Common Elements. Owners shall either provide a key to th...t Unit for purpose of such entry or have someone available at such times as are designated by the Board of Directors to allow entry into the Unit for this purpose. The Association shall not be liable for any illness, damage, or injury caused by the dispensing of these chemicals for this purpose.

(t) Community Rnttntin Roard As part of the Common Elements maintained by the Association, Declarant and/or the Board shall have the right, but not the obligation, to erect on the Condominium a bulletin board primarily for the use of Owners in advertising their Units for sale. For so long as the Association desires to maintain this bulletin board, each Owner and his licensed real estate broker and agent may use the Condominium for access, ingress and egress to and from this bulletin board;

provided, however, the use of the bulletin board shall be subject to such reasonable nondiscriminatory rules and regulations as may be adopted or promulgated by the Board regulating the size and duration of such advertisements. Declarant or Board may terminate use of this bulletin board entirely at any time, and no property rights of any kind are created hereby.

(g) Declarant Easements For so long as Declarant owns any Unit primarily for the purpose of sale, Declarant and its duly authorized contractors, subcontractors, representatives, agents, associates, employees, tenants and successors and assigns shall have: (i) a non-exclusive easement for access and ingress to, egress from and use of the Common Elements for the placement and maintenance of signs, banners, balloons, decorations marketing materials and tables, a sales office, a leasing office, a business office, promotional facilities and model Units on any portion of the Condominium, together with such other facilities as in the opinion of Declarant may be reasonably required, convenient or incidental to the completion, renovation, improvement, development, sale or lease of any Unit; (ii) a non-exclusive easement to use the Common Elements for special events and promotional activities; and (iii) a transferable, non- exclusive casement on, over, through, under and across the Common Elements and Limited Common Elements for the purpose of making improvements on the Condominium or any portion thereof, for the purpose of constructing, installing, replacing, repairing, restoring and maintaining all utilities, buildings, driveways. landscaping and any other improvements on the Condominium property or serving the Condominium, and for the purpose of doing all things reasonably necessary and proper in connection therewith.

Additionally, Declarant and its duly authorized contractors, subcontractors, representatives, agents, associates, employees, tenants and successors and assigns, shall have an exclusive easement for any and all purposes it deems appropriate over, on and through Declarant's Easement Area so long as Declarant, or any - 40 - 357458_440c 10931-003 http://search.gsccca.org/Imaging/HTML5Viewer.aspx?id=24082559&key1=2766&key2=1... 6/21/2018

Page 45 of 50 GSCCCA.org - Image Index 11111111Malliii 13k 02 766 Pg 01 79 successor Declarant, owns any Unit for the purpose of sale or lease or has an unexpired option to add Additional Property.

(h) Ra.sernents in Favor of Additional Property Owner. There is reserved to Declarant and its successors and assigns, including any purchaser of the Additional Property, a non-exclusive easement upon, across, above and under all property within the Condominium (including the Common Elements and Limited Common Elements) for developing the Additional Property whether or not it is developed as part of the Condominium. In accordance therewith and until such time as Declarant or its successors record an amendment to the Declaration effecting the submission of the Additional Property (which is not required), then it shall be expressly permissible for Declarant and its successors and assigns to maintain and carry on, upon such portion of the Condominium as Declarant may deem necessary, such facilities and activities as in the sole opinion of Declarant may be required, convenient or incidental to Declarant's development, construction and sales activities related to developing the Additional Property whether or not it is developed as part of the Condominium including, but without limitation, the following:

(i) the right of access, ingress and egress for vehicular and pedestrian traffic over.

under, on or in the Condominium;

(ii) the right to tie into and/or otherwise connect and use (without a tap-on or any other fee for so doing), replace, relocate, maintain and repair any device which provides utility or similar iervices, including, without limitation, electrical, telephone, natural gas, water, sewer and drainage lines and facilities constructed or installed in, on, under and/or over the Condominium;

(iii) the right to carry on sates and promotional activities in the community and the right to construct and operate business offices, signs, construction trailers, residences, model Units, and sales offices. Declarant may use residences, offices or other Units owned or used by Declarant as model Units and sales offices.

Rights exercised pursuant to such reserved easement shall be exercised with a minimum of interference to the quiet enjoyment of affected property, reasonable steps shall be taken to protect such property, and damage shall be repaired by the person causing the damage at his or her sole expense. This Paragraph shall not be amended without Declarant or Declarant's successor and assign's express written consent, so long as the Convertible Space has not been converted into one

(I) or more residential Units in accordance with this Declaration and so long as the Additional Property has not been submitted to the Condominium.

(1) Fasltrnent and I Tse. Rights Granted by Declarant For so long as Declarant has an option unilaterally to subject Additional Property to this Declaration as provided in Paragraph 25, Declarant shall have an easement and the right to grant to persons who are not members of the Association, but who are residents of the Additional Property, the right to use the Common Elements, including, without limitation, recreational facilities. The extent and duration of such use shall be determined solely by Declarant.

Declarant hereby expressly reserves unto itself, its successors and assigns, a non-exclusive, perpetual right, privilege and easement with respect to the Condominium for the benefit of Declarant, its successors, assigns and the above-discussed nonmember users, over, under, in and/or on the Condominium (including, without limitation, the above-described recreational facilities), without obligation and without charge, for the purposes of taking all actions related to or connected with the granting of nonmember use and the use by such nonmembers as described above. The right, privilege and easement shall include, without limitation, the right of access, ingress, use and egress of and to the -41 - 357458_4.doc 10931-003 . 6/21/2018 http://search.gsccca.org/Imaging/HTML5Viewer.aspx?id=24082559&key1=2766&key2=1..

Page 46 of 50 GSCCCA.org - Image Index a 111111aft1; I '' t)2766 Pt 0180 above-described recreational facilities and the right of access, ingress, use and egress for vehicular and pedestrian traffic over, under, on or in the Condominium roads, parking areas and walkways.

22. AMRNDMENTS

Except where a higher vote is required for action under any other provision of this Declaration or by the Act, in which case such higher vote shall be necessary to amend such provision, 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 eligible Association vote and such amendment shall otherwise comply with the provisions of Section 44-3-93 of the Act. Moreover, no amendment to this Declaration shall modify, alter, or delete any: (a) provision of this Declaration that benefits Declarant; (b) rights, privileges, easements, protections, or defenses of Declarant; or (c) rights of the Owners or the Association in relationship to Declarant, without the written consent of Declarant attached and recorded with such amendment, until the later of the following: (i) the date upon which Declarant no longer owns any Unit; (ii) the date upon which Declarant no longer has the right to appoint the directors and officers of the Association as provided in Article III, Part A, Section 2 of the Bylaws; or (iii)

ten (10) years after the date on which this Declaration is recorded in the Clarke County, Georgia records, whichever period of time is longer.

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 certified by the President and Secretary of the Association and recorded in the Clarke County, Georgia land records.

In addition to the above, material amendments to this Declaration must be approved by Eligible Mortgage Holders who represent at least fifty-one percent (51%) of the votes of Units that are subject to Mortgages held by Eligible Mortgage Holders. Notwithstanding the above, the approval of any proposed amendment by an Eligible Mortgage Holder shall be deemed implied and consented to if the Eligible Mortgage Holder fails to submit a response to any written proposal for an amendment within thirty (30)

days after the Eligible Mortgage Holder receives notice of the proposed amendment sent by certified or registered mail, return receipt requested. Material amendments are those that establish, provide for, govern or regulate any of the following:

(a) Voting;

(b) Assessments, assessment liens or subordination of such liens;

(c) Reserves for maintenance, repair and replacement of the Common Elements;

(d) Insurance or fidelity bonds;

(e) Rights to use of the Common Elements;

(f) Responsibility for maintenance and repair of the Condominium;

(g) Expansion or contraction of the Condominium or the addition, annexation or withdrawal of property to or from the Condominium, except the submission of the Additional Property to the Condominium as set forth in this Declaration;

(h) Boundaries of any Unit;

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GSCCCA.org - Image Index Page 47 of 50 1111111111111111111111 FA 02766 Pg 01 Si

(i) The interests in the Common Elements or Limited Common Elements;

(j) Convertibility of Units into Common Elements or of Common Elements into Units;

(k) Leasing of Units;

(I) Imposition of any right of first refusal or similar restriction on the right of an Owner to sell, transfer. or otherwise convey his or her Unit in the Condominium;

(m) Establishment of self-management by the Association where professional management has been required by any of the agencies or corporations set forth below;

(n) Amendment of any provisions that are for the express benefit of Eligible Mortgage holders or insurers or guarantors of first mortgages on Units in the Condominium; and

(o) Restoration or repair of the Condominium (after damage or partial condemnation) in a manner other than that specified in the Condominium Instruments).

Notwithstanding the foregoing, Declarant or the Board of Directors, without the necessity of a vote from the Owners, may amend this Declaration to correct any scriveners errors, comply with any applicable state, city or federal law, and/or to bring the Condominium into compliance with applicable rules and regulations of the Federal National Mortgage Association ("Fannie Mae"), the Department of Housing and Urban Development ("HUD") and the Veterans Administration ("VA") pursuant to federal law.

Any action to challenge the validity of an amendment adopted under this Paragraph must be brought within one (1) year of the effective date of such amendment. No action to challenge such amendment may be brought after such time.

23. SEVF.R ABILITY

Invalidation of any one of these covenants or restrictions by judgment or court order or otherwise shall in no way affect the application of such provision to other circumstances or affect any other provision(s), which shall remain in full force and effect.

24 DECI .ARANT RIGHTS.

Notwithstanding anything to the contrary herein, and in addition to Declarant's right to appoint and remove officers and directors under Article III, Part A, Section 2 of the Bylaws and other rights set forth herein, Declarant shall have the right, as long as Declarant owns at least one (1) Unit, to conduct such sales, marketing, leasing, administrative and other activities at the Condominium as Declarant deems appropriate for the sale, marketing or leasing of any Unit and Declarant shall have a non-exclusive easement right across the Common Elements to erect signs, banners, balloons and other decorations and to conduct such other sales, marketing and leasing activities as provided herein. The expiration of Declarant's right to appoint and remove officers and directors of the Association pursuant to Article III, Part A, Section 2 of the Bylaws shall not terminate or alter the status of the above-referenced entity and its respective successors and assigns as Declarant hereunder or divest Declarant of other rights specifically reserved to Declarant herein.

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25. EXPANSION OF THE CONDOMINTI IM

Declarant reserves the option to expand the Condominium by adding to the Condominium all or any part of the Additional Property on one (1) or more occasions. Except for zoning and other governmental requirements, there are no limitations as to the location of improvements on the Additional Property. The Additional Property may be added as a whole at one time or portions may be added at different times. There are no limitations fixing the boundaries of any portion of the Additional Property that may be submitted to the Declaration, and there are no limitations regulating the order in which portions of the Additional Property may be submitted to this Declaration. This option shall expire seven (7) years from the date of recording of this Declaration; provided, however, Owners of Units to which two-thirds (2/3) of the total vote in the Association appertain, excluding any votes appurtenant to any Unit or Units then owned by Declarant, may consent to the extension of this expansion option within one (1) year prior to the date upon which the option would have otherwise expired. The maximum number of Units that may be created on the Additional Property and added to the Condominium is two hundred and sixty-five (265). The maximum average number of Units per acre that may be created on any portion of property added to the Condominium is fifteen (15). No assurances are made that any improvements will be made on all or any of the Additional Property that may be submitted to the Declaration. The Additional Property shall not necessarily be restricted exclusively to residential use, but shall be subject only to uses allowed by applicable zoning ordinances. No assurances are made that the units which may be built on all or any portion of the Additional Property will be substantially identical to the Units on the submitted property in any way whatsoever, including but not limited to the quality of construction, the principal materials to be used in such construction and architectural style. All improvements to be located on each portion of the Additional Property that is being submitted to the Condominium shall be substantially complete prior to its submission to the Condominium. Declarant shall have the right to assign Limited Common Elements on the Additional Property. which may include Limited Common Elements different from those assigned in this Declaration and there shall be no limitations on the right to assign Limited Common Elements on the Additional Property. In addition, in the event that the Additional Property is added to the Condominium, Declarant shall haNe the right, but not the obligation, to assign portions of the existing Common Elements as Limited Common Elements to some or all of the Units existing as of the date of recording of this Declaration. The undivided interests in the Common Elements are allocated equally among the Units on the submitted property and, upon the expansion of the Condominium to include any portion of the Additional Property, shall be reallocated among the Units on the submitted property and the Additional Property on the same basis. Any expansion under this Paragraph shall be effected by Declarant's unilaterally executing and recording the amendments to this Declaration, the plats and the plans required by the Act, and to reflect any differences in the subsequent phase or phases as contemplated by this Paragraph, at Declarant's sole expense. The Units thereby created and added shall be owned by Declarant, but the Common Elements shall be owned by all of the Owners.

26. PRFPARF,R

This Declaration was prepared by Linda B. Curry and Darryl R. Moss. Weissman, Nowack, Curry & Wilco, P.C., One Alliance Center, 4th Floor, 3500 Lenox Road, Atlanta, Georgia 30326.

[SIGNATURES ON FOLLOWING PAGE)

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BE 02766 Fg 0183

IN WITNESS WHEREOF, Declarant has executed this Declaration under seal this 24 day of

August _,2004.

DECLARANT: CAMPUS LODGE OF ATHENS, LTD.,

a Florida limited partnership

Campus Lodge of Athens, Inc.,

its general manager

Frank C. Silos _(SEAL) Name: Frank C. Silcox

Title: AesidenT

-→ 200 ฿

in the presence of:

Rich K legal

Witness Doreen steen

Notary Public

[NOTARY SEAL]

DOREEN STEEN

• MY COMMISSION * D1) 067245

EXPIRES: October 23.2005

-0007 NOTARY FL Notery Service 8 Boncing, Inc.

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imanag:_357458_3

........

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GSCCCA.org - Image Index Page 50 of 50 111110111111111111111111 rst 02766 Pg 0184 EXHIBIT "A"

Description Of Submitted Property All that tract or parcel of land, lying and being in G.M.D. 216 of Athens-Clarke County, and being more particularly described as follows:

BEGINNING at a point located at the intersection of the North right-of-way of Strickland Street and the West right-of-way of North Avenue, THENCE South 79 degrees 58 minutes 12 seconds West along the North right-of-way of Strickland Street for a distance of 213.83 feet to an iron pin found' inch re-bar;

THENCE continuing along the said right-of-way South 10 degrees 23 minutes 20 seconds East for a distance of 5.69 feet to an iron pin found' inch re-bar;

THENCE progressing along the North right-of-way of Strickland Street South 80 degrees 47 minutes 59 seconds West for a distance of 374.58 feet to a found axle;

THENCE leaving the right-of-way of Strickland Street North 09 degrees 16 minutes 11 seconds West for a distance of 396.71 feet to a point located on the West boundary line of the Campus Lodge Apartments;

Continuing along the said boundary line South 80 degrees 05 minutes 00 seconds West for a distance of 92.96 feet to a point;

THENCE moving forward along the West boundary line of the Campus Lodge Apartments North 09 degrees 25 minutes 20 seconds West for a distance of 199.90 feet to a point;

THENCE North 80 degrees 08 minutes 22 seconds East for a distance of 92.50 feet to an iron pin found 1/2 inch re-bar situated on the specified boundary line;

Continuing onward North 09 degrees 17 minutes 07 seconds West for a distance of 250.0 feet to an iron pin foun I 1/2 inch re-bar located on the named boundary line;

THENCE South 80 degrees 34 minutes 08 seconds West for a distance of 92.53 feet to an iron pin found 34 inch oval rod positioned on the said boundary line;

THENCE ahead on the referred boundary line North 09 degrees 21 minutes 31 seconds for a distance of 100.02 feet to an iron pin found % inch oval rod;

Continuing along the West boundary line of the Campus Lodge Apartments North 80 degrees 44 minutes 14 seconds East 92.48 feet to an iron pin found''/ inch re-bar;

THENCE North 09 degrees 23 minutes 26 seconds West for a distance of 130.20 feet to an iron pin found 1/2 re-bar located on the referenced boundary line;

THENCE leaving the said boundary line North 50 degrees 52 minutes 09 seconds East for a distance 108.51 feet to a point said point being THE TRUE POINT OF BEGINNING;

THENCE North 11 degrees 22 minutes 14 seconds West for a distance of 69.73 feet to a point;

THENCE North 78 degrees 37 minutes 46 seconds East for a distance of 189.43 feet to a point;

THENCE South 11 degrees 22 minutes 14 seconds East for a distance of 74.73 feet to a point;

THENCE South 78 degrees 00 minutes 51 seconds West for a distance of 19.66 feet to a point;

THENCE South 11 degrees 59 minutes 09 seconds East for a distance of 14.89 feet to a point;

THENCE South 78 degrees 37 minutes 46 seconds West for a distance of 137.07 feet to a point;

THENCE North 69 degrees 54 minutes 35 seconds West for a distance of 38.52 feet to a point and THE TRUE POINT OF BEGINNING.

Together with and subject to covenants, easements, and restrictions of record.

Said property contains 0.38 acres more or less.

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GSCCCA.org - Image Index Page 1 of 5 11111111111111111111111 Bk 02766 Pg 0185 TOGFTHER WITH All that tract or parcel of land, lying and being in G.M.D. 216 of Athens-Clarke County, and being more particularly described as follows:

BEGINNING at a point located at the intersection of the North right-of-way of Strickland Street and the West right-of-way of North Avenue, THENCE South 79 degrees 58 minutes 12 seconds West along the North right-of-way of Strickland Street for a distance of 213.83 feet to an iron pin found' inch re-bar;

THENCE continuing along the said right-of-way South 10 degrees 23 minutes 20 seconds East for a distance of 5.69 feet to an iron pin found 1/2 inch re-bar;

THENCE progressing along the North right-of-way of Strickland Street South 80 degrees 47 minutes 59 seconds West for a distance of 374.58 feet to a found axle;

THENCE leaving the right-of-way of Strickland Street North 09 degrees 16 minutes 11 seconds West for a distance of 396.71 feet to a point located on the West boundary line of the Campus Lodge Apartments;

Continuing along the said boundary line South 80 degrees 05 minutes 00 seconds West for a distance of 92.96 feet to a point;

THENCE moving forward along the West boundary line of the Campus Ledge Apartments North 09 degrees 25 minutes 20 seconds West for a distance of 199.90 feet to a point;

THENCE North 80 degrees 08 minutes 22 seconds East for a distance of 92.50 feet to an iron pin found 3/42 inch re-bar situated on the specified boundary line;

Continuing onward North 09 degrees 17 minutes 07 seconds West for a distance of 250.0 feet to an iron pin found 1/2 inch re-bar located on the named boundary line;

THENCE South 80 degrees 34 minutes 08 seconds West for a distance of 92.53 feet to an iron pin found 3/4 inch oval rod positioned on the said boundary line;

THENCE ahead on the referred boundary line North 09 degrees 21 minutes 31 seconds for a distance of 100.02 feet to an iron pin found 3/4 inch oval rod;

Continuing along the West boundary line of the Campus Lodge Apartments North 80 degrees 44 minutes 14 seconds East 92.48 feet to an iron pin found 1/2 inch re-bar;

THENCE North 09 degrees 23 minutes 26 seconds West for a distance of 130.20 feet to an iron pin found'/ re-bar located on the referenced boundary line;

THENCE leaving the said boundary line North 67 degrees 43 minutes 44 seconds East for a distance 97.78 feet to a point said point being THE TRUE POINT OF BEGINNING;

THENCE North 78 degrees 37 minutes 46 seconds East for a distance of 189.43 feet to a point;

THENCE South 11 degrees 22 minutes 14 seconds East for a distance of 89.17 feet to a point;

THENCE; South 76 degrees 55 minutes 42 seconds West for a distance of 22.21 feet to a point;

THENCE South 78 degrees 37 minutes 46 seconds West for a distance of 130.21 feet to a point;

THENCE North 74 degrees 55 minutes 25 seconds West for a distance of 41.35 feet to a point;

THENCE. North 11 degrees 22 minutes 14 seconds West for a distance of 71.42 feet to a point and THE TRUE POINT OF BEGINNING.

Together with and subject to covenants, easements, and restrictions of record.

Said property contains 0.38 acres more or less.

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GSCCCA.org - Image Index Page 2 of 5 1111111111111111111111 Bk 02766 Pg 0186 EXHIBIT "A"

Description of Arlditinnol Property TRACTI All that tract or parcel of land, together with all improvements thereon, situate, lying and being in Athens- Clarke County, Georgia, particularly described as follows:

BEGINNING at an iron pin on the northwesterly side of North Avenue (formerly Madison avenue) at the southerly most corner of property now or formerly of Cleghorn, formerly Ingram; running thence North 53 degrees :34 minutes west 291.8 feet along line of property now or formerly of said Cleghorn to an iron pin;

running thence North 43 degrees 28 minutes east 148.3 feet to an iron pin; running thence North 34 degrees 26 minutes east 139.9 feet along line of property now or formerly of E.R. Arnold to an iron pin; running thence North 54 degrees 8 minutes west 581.0 feet to an iron pin; running thence South 41 degrees 00 minutes west 651.5 feet to an iron pin; running thence South 12 degrees 20 minutes east 118.0 feet to an iron pin; running thence South 77 degrees 40 minutes west 92.5 feet to an iron pin; running thence South 12 degrees 20 minutes east 230.0 feet to an iron pin; running thence North 77 degrees 40 minutes east 92.5 feet to an iron pin; running thence South 12 degrees 20 minutes east 395.8 feet to an iron pin on the northwesterly side of Strickland Street; running thence along the northwesterly side of said Strickland Street North 76 degrees 42 minutes east 589.6 feet to an iron pin at the northwesterly corner of the intersection of said Strickland Street and North Avenue; running thence along the northwesterly side of said North Avenue North 35 degrees 08 minutes east 388.5 feet to the beginning iron pin;

TOGETHER with an easement 10 feet in width over and across adjoining property for the purpose of maintaining the existing sewer line which services the above described property presently operating as Garden Springs Trailer Court, the center line of said easement being the existing sewer line.

TRACT J1'

All that tract or parcel of land containing 5.44 acres, situate, lying and being in Athens-Clarke County.

Georgia. particularly described as follows:

BEGINNING at an iron pin located as follows: Begin at an iron pin at the northwesterly corner of the intersection of North Avenue and Strickland Street, run thence North 35 degrees 08 minutes east 388.5 feet along the northwesterly side of said North Avenue to an iron pin, running thence North 53 degrees 34 minutes west 291.8 feet to an iron pin; run thence North 43 degrees 28 minutes east 148.3 feet to an iron pin; run thence North 34 degrees 26 minutes east 139.9 feet to an iron pin; and run thence North 54 degrees 08 minutes west 581.0 feet to said beginning iron pin; from said beginning iron pin running thence North 54 degrees 03 minutes west 398.2 feet to an iron pin hereinafter referred to as Iron Pin "A"; continuing thence North 54 degrees 08 minutes west to the center of a creek, which is the property line; running thence in a southwesterly direction and southerly direction along the meanderings of said creek to a point therein located by the courses and distances hereinafter given; running thence South 53 degrees 05 minutes east to an iron pin herein referred to as Iron Pin "B", the traverse lines between Iron Pin "A" and Iron Pin "B"

being South 63 degrees 10 minutes west 332.8 feet to an iron pin and thence South 20 degrees 44 minutes west 111.1 feet to said Iron Pin "13", continuing thence South 53 degrees 05 minutes east 195.1 feet to an iron pin; running thence South 12 degrees 20 minutes east 130.0 feet to an iron pin; running thence South 77 degrees 40 minutes west 92.5 feet to an iron pin; running thence South 12 degrees 20 minutes east 100.0 feet to an iron pin; running thence North 77 degrees 40 minutes east 92.5 feet to an iron pin; running thence ..alanisik•••••• http://search.gsccca.org/Imaging/HTML5Viewer.aspx?id=24082559&key1=2766&key2=1... 6/21/2018

GSCCCA.org - Image Index Page 3 of 5 IMRE r1 07;766 lg South 12 degrees 20 minutes east 132 feet to an iron pin; running thence North 41 degrees 00 minutes east 651.5 feet to said beginning iron pin.

TOGETHER WITH (i) all buildings, structures and improvements on the property or any parcel thereof, (ii) all fixtures, equipment, machinery, appliances and personal property of every kind and nature located in or on the property and used or useable in connection with the present or future operation thereof, (iii) all leases and rental contracts with respect to the property or any part or parcel thereof, (iv) all licenses, permits, certificates, warranties and guaranties with respect to any of the property and (v) all rights appurtenant to any of the real property, fixtures, leases and licenses including all rights to collect the income, rents, issues, profits, proceeds and revenues thereof and therefrom, and all easements, licenses, and rights-of-way appurtenant thereto.

LESS AND EXCEPT all that property as described in that certain Right of Way Deed between Mobiland, Inc. and the Department of Transportation dated August 25, 1980 and recorded in Deed Book 421, page 237, said Clerk's Office.

The above described property being more particularly described on that certain plat of survey entitled "Survey for Oconee Equity Management Co." dated July 20, 1993, prepared by Landmark Engineering Corporation and recorded in Plat Book 30, page 205, said Clerk's Office.

This being the same property as conveyed from Garden Springs Properties, Inc. to Oconee State Bank by Deed in Lieu of Foreclosure dated August 12, 1993 and recorded in Deed Book 1331, page 36, said Clerk's Office.

J.FSS AN) EXCEPT•

BILILDMILTRACE

All that tract or parcel of land, lying and being in G.M.D. 216 of Athens-Clarke County, and being more particularly described as follows:

BEGINNING at a point located at the intersection of the North right-of-way of Strickland Street and the West right-of-way of North Avenue, THENCE. South 79 degrees 58 minutes 12 seconds West along the North right-of-way of Strickland Street for a distance of 213.83 feet to an iron pin found '/2 inch re-bar;

THENCE continuing along the said right-of-way South 10 degrees 23 minutes 20 seconds East for a distance of 5.69 feet to an iron pin found 1/2 inch re-bar;

THENCE progressing along the North right-of-way of Strickland Street South 80 degrees 47 minutes 59 seconds West for a distance of 374.58 feet to a found axle;

THENCE leaving the right-of-way of Strickland Street North 09 degrees 16 minutes 11 seconds West for a distance of 396.71 feet to a point located on the West boundary line of the Campus Lodge Apartments;

Continuing along the said boundary line South 80 degrees 05 minutes 00 seconds West for a distance of 92.96 feet to a point;

THENCE. moving forward along the West boundary line of the Campus Lodge Apartments North 09 degrees 25 minutes 20 seconds West for a distance of 199.90 feet to a point;

THENCE North 80 degrees 08 minutes 22 seconds East for a distance of 92.50 feet to an iron pin found IA inch re-bar situated on the specified boundary line;

Continuing onward North 09 degrees 17 minutes 07 seconds West for a distance of 250.0 feet to an iron pin found 1/2 inch re-bar located on the named boundary line;

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THENCE South 80 degrees 34 minutes 08 seconds West for a distance of 92.53 feet to an iron pin found 3/4 inch oval rod positioned on the said boundary line;

THENCE ahead on the referred boundary line North 09 degrees 21 minutes 31 seconds for a distance of 100.02 feet to an iron pin found 3/4 inch oval rod;

Continuing along the West boundary line of the Campus Lodge Apartments North 80 degrees 44 minutes 14 seconds East 92.48 feet to an iron pin found 1/2 inch re-bar;

THENCE North 09 degrees 23 minutes 26 seconds West for a distance of 130.20 feet to an iron pin found 1/2 re-bar located on the referenced boundary line;

THENCE leaving the said boundary line North 50 degrees 52 minutes 09 seconds East for a distance 108.51 feet to a point said point being THE TRUE POINT OF BEGINNING;

THENCE North 11 degrees 22 minutes 14 seconds West for a distance of 69.73 feet to a point;

THENCE North 78 degrees 37 minutes 46 seconds East for a distance of 189.43 feet to a point;

THENCE South 11 degrees 22 minutes 14 seconds East for a distance of 74.73 feet to a point;

THENCE South 78 degrees 00 minutes 51 seconds West for a distance of 19.66 feet to a point;

THENCE South 11 degrees 59 minutes 09 seconds East for a distance of 14.89 feet to a point;

THENCE South 78 degrees 37 minutes 46 seconds West for a distance of 137.07 feet to a point;

THENCE North 69 degrees 54 minutes 35 seconds West for a distance of 38.52 feet to a point and THE TRUE POINT OF BEGINNING.

Together with and subject to covenants, easements, and restrictions of record.

Said property contains 0.38 acres more or less.

RI III DING 12 TR ACT

All that tract or parcel of land, lying and being in G.M.D. 216 of Athens-Clarke County, and being more particularly described as follows:

BEGINNING at a point located at the intersection of the North right-of-way of Strickland Street and the West right-of-way of North Avenue, THENCE South 79 degrees 58 minutes 12 seconds West along the North right-of-way of Strickland Street for a distance of 213.83 feet to an iron pin found''/ inch re-bar;

THENCE continuing along the said right-of-way South 10 degrees 23 minutes 20 seconds East for a distance of 5.69 feet to an iron pin found 1/2 inch re-bar;

THENCE progressing along the North right-of-way of Strickland Street South 80 degrees 47 minutes 59 seconds West for a distance of 374.58 feet to a found axle;

THENCIS leaving the right-of-way of Strickland Street North 09 degrees 16 minutes 11 seconds West for a distance of 396.71 feet to a point located on the West boundary line of the Campus Lodge Apartments;

Continuing along the said boundary line South 80 degrees 05 minutes 00 seconds West for a distance of 92.96 feet to a point;

THENCE moving forward along the West boundary line of the Campus Lodge Apartments North 09 degrees 25 minutes 20 seconds West for a distance of 199.90 feet to a point;

THENCE North 80 degrees 08 minutes 22 seconds East for a distance of 92.50 feet to an iron pin found 1/2 inch re-bar situated on the specified boundary line;

Continuing onward North 09 degrees 17 minutes 07 seconds West for a distance of 250.0 feet to an iron pin found 1/2 inch re-bar located on the named boundary line;

THENCE South 80 degrees 34 minutes 08 seconds West for a distance of 92.53 feet to an iron pin found 3/4 inch oval rod positioned on the said boundary line;

THENCE ahead on the referred boundary line North 09 degrees 21 minutes 31 seconds for a distance of 100.02 feet to an iron pin found 3/4 inch oval rod;

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BL: 02766 G 0189

Continuing along the West boundary line of the Campus Lodge Apartments North 80 degrees 44 minutes

14 seconds East 92.48 feet to an iron pin found ½ inch re-bar;

THENCE North 09 degrees 23 minutes 26 seconds West for a distance of 130.20 feet to an iron pin

found ½ re-bar located on the referenced boundary line;

THENCE leaving the said boundary line North 67 degrees 43 minutes 44 seconds East for a distance

97.78 feet to a point said point being THE TRUE POINT OF BEGINNING;

THENCE. North 78 degrees 37 minutes 46 seconds East for a distance of 189.43 feet to a point;

THENCE South 11 degrees 22 minutes 14 seconds East for a distance of 89.17 feet to a point;

THENCE: South 76 degrees 55 minutes 42 seconds West for a distance of 22.21 feet to a point;

THENCE: South 78 degrees 37 minutes 46 seconds West for a distance of 130.21 feet to a point;

THENCE: North 74 degrees 55 minutes 25 seconds West for a distance of 41.35 feet to a point:

THENCE: North 11 degrees 22 minutes 14 seconds West for a distance of 71.42 feet to a point and THE

TRUE POINT OF BEGINNING.

Together with and subject to covenants, easements, and restrictions of record.

Said property contains 0.38 acres more or less.

..... .....

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EXHIBIT "C"

BYLAWS

OF

THE LODGE AT ATHENS CONDOMINIUM ASSOCIATION, INC.

WEISSMAN, NOWACK, CURRY & WILCO, P.C.

Attorneys

One Alliance Center, 4ạẠạ Floor

3500 Lenox Road

Atlanta. Georgia 30326

(404) 926-4500

COPYRIGHT (c) 2004

All rights reserved. These Bylaws may be used only in connection with the sale of property at The Lodge at Athens Condominiun and the operation of The Lodge at Athens Condominium Association, Inc.

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TABLE OF CONTENTS

I. General

Applicability.

Name

3. Definitions

4. Membership.

5. Entity Members

6. Voting.

7. Majority.

Purpose

Electronic Documents and Electronic Signatures

HI. Meetings of Members...

1. Annual Meetings.

Special Meetings.

3. Notice of Meetings..

4. Waiver of Notice.. w w

Quorum

G. Adjournment

7. Proxy -•

8. Action Taken Without a Meeting.

9. Order of Business.

III. Board of Directors.

A. Composition and Selection.

Composition and Eligibility.

Directors Appointed by the Declarant

3. Number of Directors and Term of Office.

4 Removal of Members of the Board of Directors

S. Vacancies.

6. Compensation

7. Director Conflicts of Interest

Nomination

Elections ..

B. Meetings..

1. Regular Meetings .. 6 2. Special Meetings.

3_ Waiver of Notice.

4. Conduct of Meetings.

5. Open Meetings...

6. Action Without Meeting 9091211299 C Powers and Duties...

Powers and Duties.

Management Agent.

3_ Borrowing .....

Liability and Indemnification of Officers and Directors.

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D. Committees.. B2 02706 F. 0192

Architectural Control Committee 9 Other Committees ...

3. Service on Committees.

IV. Otficers . 9

Designation .. . 9 2. Election of Officers 9 3. Removal of Officers . 9 4. Vacancies.

5. President .. 10 6. Vice President. 10 7. Secretary .. 10 8. Treasurer. 10 9. Other Officers.. 10 10. Agreements, Contracts, Deeds, Leases, Etc.

V. Rule Making and Enforcement..

Authority and Enforcement

2. Fining and Suspension Procedure

Additional Enforcement Rights.

VI Miscellaneous 2

1. Notices.. 2 2. Severability 12 3. Captions .. 2 4. Gender and Grammar

5. Fiscal Year . 12 G. Financial Review .... 13 7. Conflicts. 13 8. Amendment. 13 9. Books and Records.. 13

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BYLAWS

OF

THE LODGE AT ATHENS CONDOMINIUM ASSOCIATION, INC.

Article I

General

Section 1. Applicability. These Bylaws provide for the self-government of The Lodge at Athens Condominium Association, Inc., in accordance with the Georgia Condominium Act, O.C.G.A. § 44-3-70, et seg. (1991 and Supp. 2003) as may be amended from time to time, the Articles of Incorporation filed with the Secretary of State and the Declaration of Condominium for The Lodge at Athens Condominium,

Section 2. Name. The name of the corporation is The Lodge at Athens Condominium Association, Inc. ("Association).

Section 3. Definitions. The terms used herein shall have their generally accepted meanings or such meanings as are specified in Paragraph 2 of the Declaration.

Section 4. Membership. An Owner of a Unit shall automatically become a member of 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 member's spouse or Domestic Partner may exercise the powers and privileges of the member. If title to a Unit is held by more than one (1) Person, the membership shall be shared in the same proportion as the title, but there shall be only one (1) membership and one (1) 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 and shall be transferred automatically by conveyance of that Unit and may be transferred only in connection with the transfer of title.

Section S. Entity Members. In the event an Owner is a corporation, limited liability company, partnership, trust, or other legal entity not being a natural person or persons, then any natural person who is an officer, director, or other designated agent of such corporation, partner of such partnership, beneficiary or other designated agent of such trust, manager of a limited liability company or representative of such other legal entity shall be eligible to represent such entity or entities in the affairs of the Association, including, without limitation, serving on the Board of Directors of the Association. Such person's relationship with the Association shall terminate automatically upon the termination of such person's relationship with the entity or entities which are the Owner, and termination of the person's relationship with the Association will create a vacancy in any elected or appointed position within the Association in which such person may have been serving and such vacancy will be filled in accordance with these Bylaws.

Section 6. Voting. Each Unit shall be entitled to one (1) equal vote, which vote may be cast by the Owner, the Owner's spouse or Domestic Partner, or by a lawful proxy as provided below. When more than one (1) Person owns a Unit, the vote for such Unit shall be exercised as they determine between or among themselves, but in no event shall more than one (1) vote be cast with respect to any Unit. If only one (1) co-owner attempts to cast the vote for a Unit, it shall be conclusively presumed that such co-owner is authorized on behalf of all co-owners to cast the vote for such Unit. In the event of disagreement between or among co-owners and an attempt by two (2) 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. No Owner shall be eligible to vote, either in person or by proxy, or to act as a proxy for any other member, if that Owner is shown on the books

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or management accounts of the Association to be more than thirty (30) days delinquent in any payment due the Association or if the Owner has had its voting rights suspended for the infraction of any provision of the Declaration, these Bylaws, or any rule of the Association. If the voting rights of an Owner have been suspended, that Owner shall not be counted as an eligible vote for purposes of establishing a majority or a

Section 7. Majority. As used in these Bylaws, the term "majority" shall mean those votes, Owners, or other group as the context may indicate totaling more than fifty percent (50%) of the total number of eligible votes, Owners, or other group, respectively. Unless otherwise specifically stated, the words "majority vote" mean more than fifty percent (50%) of those voting in person or by proxy. Except as otherwise specifically provided in the Declaration or these Bylaws, all decisions shall be by majority vote.

Section 8. 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 Condominium and performing all of the other acts that may be required to be performed by the Association pursuant to the Act, the Georgia Nonprofit Corporation Code and the Declaration. Except as to those matters which the Act, the Declaration or the Georgia Nonprofit Corporation Code specifically require to be performed by the vote of the Association membership, the administration of the foregoing responsibilities shall be performed by the Board of Directors as more particalarly set forth below.

Section 9. Electronic Documents and Electronic Signatures

Documents. Whenever these Bylaws require that a document, record or instrument be "written" or "in writing," the requirement is deemed satisfied by an Electronic Document.

(b) Signatures. Whenever these Bylaws require a signature, an Electronic Signature satisfies that requirement only if: (1) the signature is easily recognizable as a Secure Electronic Signature which is capable of verification, under the sole control of the signatory, and attached to the electronic document in such a way that the document cannot be modified without invalidating the signature; or (2) the Board reasonably believes that the signatory affixed the signature with the intent to sign the Electronic Document, and that the Electronic Document has not been modified since the signature was affixed.

(c) Verification and Liability for Falsification. The Board may require reasonable verification of any Electronic Signature or Electronic Document. Pending verification, the Board may refuse to accept any Electronic Signature or Electronic Document that, in the Board's sole discretion, is not clearly authentic. Neither the Board nor the Association shall be liable to any Member or any other Person for accepting or acting in reliance upon an Electronic Signature or Electronic Document that the Board reasonably believes to be authentic. Any Member or Person who negligently, recklessly or intentionally submits any falsified Electronic Document or an unauthorized Electronic Signature shall fully indemnify the Association for actual damuges, reasonable attorneys' fees and expenses incurred as a result of such

Article II

Meetings of Members

Section 1. Annual Meetings. The regular annual meeting of the members shall be held during the fourth quarter of each year with the date, hour, and place to be set by the Board of Directors. No annual meeting of the Association shall be set on a legal holiday.

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Section 2. Special Meetings. Special meetings of the members may be called for any purpose at any time by the President or Secretary, by request of any two (2) members of the Board of Directors, or upon written petition of Owners holding at least fifteen percent (15%) of the Total Association Vote. Any such written petition by the members must be submitted to the Association's Secretary. The Secretary shall then verify that the required number of members have joined in the petition and shall submit all proper petitions to the Association's President. The President shall then promptly call a special meeting for the purpose stated in the petition setting the date, time and location of the meeting (which is not required to be the date, time or location requested in any petition submitted to the Association), and the Secretary shall send notice of the meeting in accordance with these Bylaws. Any special meeting called pursuant to written petition shall be set within thirty (30) days of the date of the petition.

Section 3. Notice of Meetings. It shall be the duty of the Secretary to mail or deliver to the record Owner of each Unit or to the Units a notice of each annual or special meeting 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. The notice shall state the purpose of any special meeting, as well as the time and place where it is to be held. The notice of an annual meeting shall state the time and place of the meeting. If any Owner wishes notice to be given 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 proper service of notice.

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 represented by proxy, shall be deemed waiver by such Owner of notice of the time, date, and place thereof unless such Owner specifically objects 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 at such meeting 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 s may be provided elsewhere, the presence of Owners, in person or by proxy, entitled to cast one-third (1/3) of the Total Association Vote hall constitute a quorum. Once a quorum is established for a meeting, it shall conclusively be presumed to exist until the meeting is adjourned and shall not need to be reestablished. Owners whose voting rights have been suspended pursuant to the Declaration or these Bylaws shall not be counted as eligible votes toward the quorum requirement.

Section 6. Adjournment. Any meeting of the Owners may be adjoured from time to time for periods not exceeding ten (10) days by vote of the Owners holding the majority of the votes represented at such meeting, regardless of whether a quorum is present. Any business that could be transacted properly at the original session of the meeting may be transacted at a reconvened session, and no additional notice of such reconvened 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 signed, dated, and filed with the Secretary prior to the opening of the meeting for which it is to be used. Proxies may be delivered to the Board by personal delivery, U.S. mail or facsimile transmission to any Board member or the property manager. Proxies may be revoked only by written notice delivered to the Secretary, except that: (a) the presence in person by the giver of a proxy at a meeting for which the proxy is given shall automatically invalidate the proxy for that meeting; and (b) a later dated proxy shall automatically be deemed to invalidate any previously given proxy. A proxy holder may not appoint a substitute proxy holder unless expressly authorized to do so in the proxy.

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Section 8. Action Taken Without a Meeting. In the Board's discretion, any action that may be taken by the Association members at any annual, regular, or special meeting may be taken without a meeting if the Board delivers a written consent form or written ballot to every member entitled to vote on the matter.

(a) Ballot. A written ballot shall set forth each proposed action and provide an opportunity to vote for or against each proposed action. Approval by written ballot shall be valid only when the number of votes cast by ballot equals or exceeds the quorum required to be present at a meeting authorizing the action, and the number of approvals equals or exceeds the number of votes that would be required to approve the matter at a meeting at which the total number of votes cast was the same as the number of votes cast by ballot.

The Board may deliver ballots and consent forms by personal delivery, U.S. Mail, facsimile transmission, e-mail, or other electronic means. Owners shall deliver their vote by ballot or consent form by whatever means is specified by the Board.

All solicitations for votes by written ballot shall: (i) indicate the number of responses needed to meet the quorum requirements; (ii) state the percentage of approvals necessary to approve each matter other than election of directors; and (iii) specify the time by which a ballot must be received by the Board in order to be counted. A written ballot may not be revoked. The Association shall maintain such ballots in its file for at least three (3) years.

Written Consent. Approval by written consent shall be valid only when the number of written consents setting forth the actions taken is received and equals or exceeds the requisite majority of the voting power required to pass such action at a meeting held on the date that the last consent is executed and such action is consented to by the Declarant, if required. Executed written consents shall be included in the minutes or filed with the Association's records. If an action of the members is approved by written consent hereunder, the Board shall issue written notice of such approval to all members who did not sign written consents. Membership approval shall be effective ten (10) days after written notice is issued; provided, however, if the consent is to an amendment to the Declaration or Bylaws which must be recorded, the effective date shall be no earlier than the date of recording of such amendment.

Section 9. Order of Business. At all meetings of the Association, Roberts Rules of Order (latest edition) shall gover when not in conflict with the Declaration, these Bylaws or the Articles of Incorporation, unless the Owners present at a particular meeting vote to suspend Robert's Rules at that meeting.

Article III

Board of Directors

A. Composition and Selection.

Section 1. Composition and Eligibility. The affairs of the Association shall be governed by a Board of Directors. Except for directors appointed by the Declarant hereunder, the directors shall be Owners or spouses or Domestic Partners of such Owners; provided, however, no Owner and his or her spouse or Domestic Partner may serve on the Board at the same time, and no co-owners may serve on the Board at the same time. No persons shall be eligible to be elected to or continue to serve on the Board of Directors if they are shown on the books and records of the Association to be more than thirty (30) days delinquent in the payment of any assessment or charge by the Association. Directors shall not be eligible to serve more than three (3) consecutive two (2) year terms without first resigning from the Board for a time

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period which shall be the lesser of: (a) one (1) year; or (b) the period of time from the end of one (1) annual meeting of the Association to the beginning of the next annual meeting of the Association.

Section 2. Directors Appointed by the Declarant. Notwithstanding anything to the contrary herein, Declarant shall have exclusive authority to appoint and remove directors and officers until the earlier of: (1) seven (7) years after the recording of the Declaration, (2) unless Declarant at that time has an unexpired option to add Additional Property, the date as of which Units to which eighty percent (80%) of the undivided interests in the Common Elements pertain shall have been conveyed by Declarant to Owners other than a Person constituting the Declarant, or (3) the surrender in writing by Declarant of the authority to appoint and remove officers and directors of the Association.

Section 3. Number of Directors and Term of Office. During the period that Declarant has the authority to appoint directors and officers of the Association as described in Section 2 of this Article, the Board shall consist of one (1) person. After termination of the Declarant's right to appoint directors and officers of the Association as described in Section 2 of this Article, the Association shall call a meeting at which Owners shall elect three (3) or five (5) directors, the exact number as determined by resolution of the

If the initial election of directors is held less than six (6) months before the end of the fiscal year (but at a time other than the annual meeting), half of the directors plus one (1) shall be elected for a term ending at the second annual meeting of the Association held after the end of said fiscal year, and the remaining directors shall be elected for a term ending at the first annual meeting of the Association held after said fiscal year.

If the initial election of directors is held six (6) months or more prior to the end of the fiscal year (but at a time other than the annual meeting), half of the directors plus one (1) shall be elected for a term ending at the second annual meeting of the Association held after the termination of Declarant's right to appoint directors and the remaining directors shall be elected for a term ending at the first annual meeting of the Association held after the termination of Declarant's right to appoint directors.

The directors receiving the greatest number of votes shall be elected to the longer terms. At each annual meeting thereafter, the successors of those directors whose terms are expiring shall be elected to serve for a term of two (2) years. The members of the board of directors shall hold office until their respective successors shall have been elected by the Association.

Section 4. Removal of Members of the Board of Directors. After expiration of Declarant's right to appoint officers and directors of the Association, at any annual or special meeting of the Association duly called, any one (1) or more Board members, except for directors appointed by Declarant hereunder, may be removed with or without cause by a majority of the Total Association Vote to elect said director and a successor may then and there be elected to fill the vacancy thus created. Further, any director who is more than thirty (30) days past due in the payment of any assessment or charge shall be automatically removed from the Board of Directors, even if the director subsequently pays the amount owed, and the vacancy shall be filled as provided in Section 5 below. Any director who has had three (3) consecutive unexcused absences from regularly scheduled Board meetings may be removed by the vote of a majority of the other directors. Any director whose removal has been proposed shall be given at least ten (10) days notice of the calling of the meeting to consider his or her removal and the purpose thereof and shall be given an opportunity to be heard at the meeting.

Section 5. Vacancies. Vacancies in the Board caused by any reason, except the removal of a director by a majority of the Total Association Vote or by Declarant, shall be filled by a vote of the majority of the remaining directors, even though less than a quorum, at any meeting of the Board of Directors. The

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successor so selected shall hold office for the remainder of the term of the director being replaced. Notwithstanding anything to the contrary herein, any director who is an officer, director or other designated agent of an entity member and whose position becomes vacant for any reason, may be replaced by the entity who is the Owner unless there has been a transfer of ownership of the Unit, in which case, the vacancy shall be filled by the remaining directors, even if less than a quorum at any meeting of the directors.

Section 6. Compensation. Directors shall not be compensated for services as such unless and only to the extent that compensation is authorized by a majority of the Total Association Vote. Directors may be reimbursed for the expenses incurred in carrying out their duties as directors upon approval of such expenses by the Board of Directors. Directors also may be given nominal gifts or tokens of appreciation by the Association for recognition of services performed, not to exceed a value of One Hundred Dollars ($100) per calendar year. For purposes hereof, reasonable food and beverages purchased for Board meeting shall not be considered compensation.

Section 7. Director Conflicts of Interest. Nothing herein shall prohibit a director from entering into a contract and being compensated for services or supplies furnished to the Association in a capacity other than as director, provided that the director's interest is disclosed to the Board and the contract is approved by a majority of the directors who are at a meeting of the Board of Directors at which a quorum is present, excluding the director with whom the contract is made. The interested director shall not count for purposes of establishing a quorum of the Board. The interested director shall be entitled to be present.at any meeting at which the proposed contract is discussed but shall not be entitled to discuss the proposed contract during the discussion. Notwithstanding anything herein, the directors, during the period of Declarant control, shall be authorized on behalf of the Association to enter into contracts with the Declarant and its affiliates as set forth in Paragraph 19(h) of the Declaration.

Section 8. Nomination. Nomination for election to the Board shall be made from the floor at the meeting. The Board also may appoint a nominating committee to make nominations prior to the meeting.

Section 9. Elections. All members of the Association eligible to vote shall be entitled to cast their entire vote for each directorship to be filled. There shall be no cumulative voting. The directorships for which elections are held shall be filled by that number of candidates receiving the most votes. Voting for election of Board members shall be by written ballot (unless dispensed by unanimous consent at such meeting at which such voting is conducted).

B. Meetings.

Section 1. Regular Meetings. Regular meetings of the Board may be held at such time and place as shall be determined from time to time by the Board, but such meetings shall be held at least once every six (6) months. The newly elected Board shall meet within ten (10) days after each annual meeting of the membership. Notwithstanding the foregoing, during the period in which Declarant shall have exclusive authority to appoint and remove directors and officers of the Association, as set forth in Article III, Section 2 hereof, the Board shall not be required to hold regular meetings.

Section 2. Special Meetings. Special meetings of the Board may be called by the President on two (2) days notice to each director given by regular first class or electronic mail, in person, by telephone, or by facsimile transmission, which notice shall state the time, place, and purpose of the meeting. Special meetings of the Board shall be called by the President, Vice President, Secretary, or Treasurer in like manner and on like notice on the written request of at least two (2) directors.

Section 3. Waiver of Notice. Any director may, at any time, in writing, waive notice of any meeting of the Board, and such waiver shall be deemed equivalent to the giving of such notice. Attendance

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by a director at any meeting of the Board 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 Board meeting, no notice shall be required and any business may be transacted at such meeting.

Section 4. 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. A majority of directors shall constitute a quorum for the transaction of business. One (1) or more directors who participate in a meeting by means of telephone or electronic communication shall be deemed present and in attendance for all purposes at such meeting, provided all persons participating in the meeting can hear each other.

Section 5. Open Meetings. Board meetings need not be open to all members. However, if the Board permits members to attend Board meetings, then members other than directors may not participate in any discussion or deliberation unless expressly so authorized by the Board. Notwithstanding the above, the Board may adjourn a meeting and reconvene in executive session to discuss and vote upon personnel matters, litigation in which the Association is or may become involved, and orders of business of a similar nature. The nature of any and all business to be considered in executive session shall first be announced in open session. The Board may order the removal of any meeting guest who, in the Board's opinion, either disrupts the conduct of business at the meeting or fails to leave the meeting upon request after an announcement of reconvening in executive session.

Section 6. Action Without a Meeting. Any action by the Board required or permitted to be taken at any meeting may be taken without a meeting if a majority of the directors consent to such action in writing, sent via hand delivery, regular first class or electronic mail or facsimile. Such consents must describe the action taken and be signed by no fewer than a majority of the directors and such consents shall be filed with the minutes of the Board of Directors

C. Powers and Duties.

Section 1. 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 Act, the Declaration, the Articles of Incorporation, or these Bylaws directed to be done and exercised exclusively by the members. In addition to the duties imposed by these Bylaws or by any resolution of the Association that may hereafter be adopted, the Board of Directors shall have the power to and shall be responsible for the following, in the way of explanation, but not limitation:

(a) preparation and adoption of an annual budget, in which there shall be established the contribution of each Owner to the Common Expenses;

(b) making assessments to defray the Common Expenses, establishing the means and methods of collecting such assessments, and establishing the period of the installment payments of the annual assessment;

providing for the operation, care, upkeep, and maintenance of all of the Area of Common Responsibility as set forth in Paragraph 17 of the Declaration;

(d) designating, hiring, and dismissing the personnel necessary for the operation of the Association and the maintenance, repair, and replacement of the Common Elements, Association property, and the Area of Common Responsibility and, where appropriate, providing for the compensation of such personnel and for the purchase of equipment, supplies, and material to be used by such personnel in the performance of their duties:

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(e) collecting the assessments, depositing the proceeds thereof in a financial depository or institution which it shall approve, or otherwise investing the proceeds in accordance with any limitations set forth in O.C.G.A. § 14-3-302, and using the proceeds to administer the Association;

(f) making and amending rules and regulations and imposing sanctions for violation thereof, including, without limitation, monetary fines;

(g) opening of bank or other financial accounts on behalf of the Association and designating the signatories required;

(h) making or contracting for the making of repairs, additions, and improvements to, or alterations of the Common Elements in accordance with the other provisions of the Declaration and these Bylaws, after damage or destruction by fire or other casualty;

(i) enforcing by legal means the provisions of the Declaration, these Bylaws, and the rules and regulations adopted by it, and bringing any proceedings which may be instituted on behalf of or against the Owners concerning the Association;

obtaining and carrying insurance against casualties and liabilities, as provided in the Act and the Declaration, and paying the premium cost thereof;

(k) paying the costs of all services rendered to the Association or its members and not directly chargeable to specific Owners;

(1) keeping books with detailed accounts of the receipts and expenditures affecting the Association and its administration, specifying the maintenance and repair expenses and any other expenses incurred; and

(m) contracting with any Person for the performance of various duties and functions. The Board shall have the power to enter into common management agreements with trusts, condominium associations, or other associations or corporations. Any and all functions of the Association shall be fully transferable by the Board, in whole or in part, to any other entity.

Section 2. Management Agent. The Association may, but shall not be required to, hire a professional management agent or agents, at a compensation established by the Board, to perform such duties and services as the Board of Directors shall authorize. The Board shall use reasonable efforts in any management contract to provide for termination of such contract by the Association with or without cause and without penalty, upon no more than thirty (30) days written notice. No management contract shall have a term in excess of one (1) year.

Section 3. Borrowing. Except as may be set forth in Paragraph 18 of the Declaration, the Board of Directors shall have the power to borrow money for the purpose of maintenance, repair, restoration, or improvement of the Common Elements and facilities, and for other purposes, with the approval of a majority of the Total Association Vote.

Section 4. Liability and Indemnification of Officers, Directors and Committee Members. The Association shall indemnify every officer, director, and committee member (including directors, officers, and committee members appointed by Declarant during the period of Declarant control) against any and all expenses, including attorney's fees, reasonably incurred by or imposed upon such officer, director or committee member in connection with any action, suit, or other proceeding (including settlement of any

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such action, suit, or proceeding, if approved by the then Board of Directors) to which he or she may be made a party by reason of being or having been an officer, director or committee member, whether or not such person is an officer, director or committee member at the time such expenses are incurred subject to the limitations below. The officers, directors and committee members shall not be liable for any mistake of judgment, negligent or otherwise, or for injury or damage caused by any such officer, director or committee member in the performance of his or her duties, except for his or her own individual willful misfeasance or malfeasance. The Association, in determining whether to indemnify a director, officer or committee member, shall not impute knowledge to said director, officer or committee member from any source whatsoever; rather, any such determination shall be based on the actual knowledge of the director, officer or committee member. The officers, directors and committee members shall have no personal liability with respect to any contract or other commitment made by them, in good faith, on behalf of the Association (except to the extent that such officers, directors and committee members may also be members of the Association), and the Association shall indemnify and forever hold each such officer, director or committee member 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, director or committee member or former officer or director may be entitled. The Association shall maintain, as a Common Expense, adequate general liability and, if obtainable, officers' and directors' liability insurance to fund this obligation, and the insurance shall be written as provided in the Declaration.

D. Committees.

Section 1. Architectural Control Committee. The Board shall establish an Architectural Control Committee for the purpose of establishing and maintaining architectural standards in the Condominium as provided in the Declaration.

Section 2. Other Committees. There shall be such other committees as the Board shall determine with the powers and duties that the Board shall authorize.

Section 3. Service on Committees. Unless otherwise provided in these Bylaws or in the resolution authorizing a particular committee, the members of any committee shall be appointed by the President and shall serve at the pleasure of the Board of Directors. Any committee member may be removed with or without cause at any time and with or without a successor being named.

Article IV

Officers

Section I. Desigation. The principal officers of the Association shall be the President, the Secretary and the Treasurer, all or any of which may be the same person. A Vice President may be elected at the discretion of the Board.

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

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

Section 4. Vacancies. A vacancy in any office arising because of death, resignation, removal, or otherwise may be filled by the Board for the unexpired portion of the term.

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Section 5. President. The President shall be the chief executive officer of the Association and shall preside at all meetings of the members and of the Board. 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 or she may in his or her discretion decide is appropriate to assist in the conduct of the affairs of the Association.

Section 6. Vice President. The Vice President, if any, shall act in the President's absence and shall have all powers, duties, and responsibilities provided for the President when so acting.

Section 7. Secretary. The Secretary shall keep the minutes of all meetings of the members 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 under Georgia law.

Section 8. 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 effects in the name of the Association or the managing agent in such depositories as may from time to time be designated by the Board of Directors. The Treasurer shall be responsible for the preparation of the budget as provided in the Declaration. The Treasurer may delegate all or a part of the preparation and notification duties associated with the above responsibilities to a

Section 9. Other Officers. Other offices may be created by the Board, and the Board members which hold such offices shall have such titles and duties as are defined by the Board.

Section 10. Agreements, Contracts, Deeds, Leases, Etc. Except during the period Declarant has the right to appoint the officers and directors of the Association, all agreements, contracts, deeds. leases, checks, promissory notes, and other instruments of the Association shall be executed by at least two (2) officers or by such other person or persons as may be designated by resolution of the Board of Directors.

Article V

Rule Making and Enforcement

Section 1. Authority and Enforcement. The Condominium shall be used only for those uses and purposes set out in the Declaration. The Board of Directors shall have the authority to make, modify, repeal and 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 shall be furnished to all Owners and Occupants. Any rule or regulation may be repealed by the affirmative vote or written consent of a majority of the Total Association Vote and the consent of the Declarant so long as the Declarant has the right to appoint and remove directors, at an annual or special meeting of the membership. Every Owner and Occupant shall comply with the Declaration, Bylaws and rules and regulations of the Association, and any lack of compliance therewith shall entitle the Association and, in an appropriate case, one (1) or more aggrieved Owners, to take action to enforce the terms of the Declaration, Bylaws or rules and regulations.

The Board shall have the power to impose reasonable fines, which shall constitute a lien upon the Owner's Unit, and to suspend an Owner's right to vote or to use the Common Elements for violation of any duty imposed under the Declaration, these Bylaws, or any rules and regulations duly adopted hereunder; provided, however, nothing herein shall authorize the Association or the Board to limit ingress and egress to or from a Unit. In the event that any Occupant of a Unit violates the Declaration, Bylaws, or a rule or

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regulation and a fine is imposed, notice of such violation shall be sent to the Owner and Occupant, and the fine shall first be assessed against such Occupant; provided, however, if the fine is not paid by the Occupant within the time period set by the Board, the Owner shall pay the fine upon notice from the Association, and the fine shall be an assessment and a lien against the Unit until paid. The failure of the Board to enforce any provision of the Declaration, Bylaws, or any rule or regulation shall not be deemed a waiver of the right of

Section 2. Fining and Suspension Procedure. The Board shall not impose a fine, suspend the right to vote or suspend the right to use the Common Elements (provided, however, if an Owner is shown on the books or management accounts of the Association to be more than thirty (30) days delinquent in any payment due the Association, suspension of the right to vote and the right to use the Common Elements shall be automatic; provided further, however, suspension of common utility services shall require compliance with the provisions of Paragraph 10(c)(v) of the Declaration, where applicable), unless and until the Association has sent or delivered written notice to the violator as provided in subsection (a) below. Any such fine or fines may be effective or commence upon the sending of such notice or such later date as may be set forth in such notice, notwithstanding the violator's right to request a hearing before the Board to

Notice. If any provision of the Declaration or Bylaws or any rule or regulation of the Association is violated, the Board shall send the violator written notice identifying the violation and fine(s) being imposed and advising the violator of the right to request a hearing before the Board to contest the violation or fine(s) or to request reconsideration of the fine(s). Fine(s) may be effective or commence upon the sending of such notice or such later date specified in such notice, notwithstanding the violator's right to request a hearing before the Board to challenge the fine. In the event of a continuing violation, each day the violation continues or occurs again constitutes a separate offense, and fines may be imposed on a per diem basis without further notice to the violator.

(b) Hearing. If a written request for hearing is received from the violator within ten (10) days of the date of the violation notice provided above, then the Board shall schedule and hold in executive session a hearing affording the violator a reasonable opportunity to be heard. The minutes of the meeting shall contain a written statement of the results of the hearing. The Board may establish rules of conduct for such hearing, which may include limits on time and on the number of participants who may be present at one time.

Section 3. Additional Enforcement Rights. Notwithstanding anything to the contrary herein contained, the Board may elect to enforce any provision of the Declaration, the Bylaws, or the rules and regulations by self-help (specifically including, but not limited to, towing of vehicles that are in violtion of the parking rules and regulations or performing maintenance on any Unit upon a failure by the Owner to so do) or by suit at law or in equity to enjoin any violation or to recover monetary damages or both without the necessity for compliance with the procedure set forth in Section 2 of this Article. In any such action, to the maximum extent permissible, the Owner or Occupant responsible for the violation for which abatement is sought shall pay all costs, including reasonable attorney's fees actually incurred.

The Association or its duly authorized agent shall have the power to enter a Unit or upon any portion of the Common Elements to abate or remove, using such force as may be reasonably necessary, any structure, thing or condition which violates the Declaration, the Bylaws, or the rules and regulations; provided, however, written notice shall be given to the Owner of the Unit at least two (2) days prior to the time that any items of construction are altered or demolished. All costs of self-help, including reasonable attorney's fees, shall be assessed against the violating Owner and shall be collected as provided herein for the collection of assessments.

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Article VI

Miscellaneous

Section 1. Notices.

(a) Method of Giving Notice. Unless otherwise prohibited in these Bylaws, all notices, demands, bills, statements, or other communications shall be in writing and shall be given via:

(i) Personal delivery to the addressee; or

(ii) United States mail, first class, postage prepaid; or

(iti). Blectronic mail; or

(iv) Facsimile; or

A secure web site, provided that notice shall be deemed given via web site only upon proof that the addressee has retrieved the message.

(b) Addressee. Notice sent by one of the methods described in subparagraph (a) above shall be deemed to have been duly given:

If to an Owner, at the address, electronic mail address or facsimile number which the Owner has designated in writing and filed with the Secretary, or if no such address has been

If to an Occupant, at the address, electronic mail address or facsimile number which the Occupant has designated in writing with the Secretary or, if no such address has been designated, at

(iii) If to the Association. the Board or the managing agent, at the postal address, facsimile or electronic mail address of the principal office of the Association or the managing agent, if any, or at such other address as shall be designated in writing and filed with the Secretary. The Secretary shall promptly provide notice to all Owners of any such change in

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

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 Bylaws or the intent of any provision thereof.

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

Section 5. Fiscal Year. The fiscal year of the Association may be set by Board resolution, and, in the absence thereof, shall be the calendar year.

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Section 6. Financial Review. The accounts of the Association shall be audited as a Common Expense by an independent accountant after the close of each fiscal year. Such audited statement shall be made available to the holder, insurer, or guarantor of any first mortgage on a Unit upon submission of a written request and must be available within one hundred twenty (120) days of the Association's fiscal year end.

Section 7. Conflicts. The duties and powers of the Association shall be those set forth in the Georgia Condominium Act, the Georgia Nonprofit Corporation Code, the Declaration, these Bylaws, and the Articles of Incorporation, together with those reasonably implied to affect the purposes of the Association; provided, however, that if there are conflicts or inconsistencies between the Act, the Georgia Nonprofit Corporation Code, the Declaration, these Bylaws, or the Articles of Incorporation, then the provisions of the Act, the Georgia Nonprofit Corporation Code, as may be applicable, the Declaration, the Articles of Incorporation and these Bylaws, in that order, shall prevail, and each Owner of a Unit, by acceptance of a deed or other conveyance therefor, covenants to vote in favor of such amendments as will remove such conflicts or inconsistencies.

Section 8. Amendment. Except where a higher vote is required for action under a particular provision of the Declaration or Bylaws, in which case such higher vote shall be necessary to amend, these Bylaws may be amended by the affirmative vote, written consent, or any combination of affirmative vote and written consent of the members holding two-thirds (2/3) of the Total Association Vote. Notwithstanding the foregoing, any amendment to the Bylaws shall require the written consent of Declarant until the later of the following: (a) the date upon which the Declarant no longer owns any Unit at The Lodge at Athens Condominium; (b) the date upon which the Declarant no longer has the right to appoint the directors and officers of the Association as provided in Article III, Part A. Section 2 of the Bylaws; or (C) ten (10) years after the date on which the Declaration is recorded in the Clarke County, Georgia records, whichever period of time is longer. Moreover, no amendment shall become effective until it is certified by the President and Secretary of the Association and recorded in the Clarke County Georgia land records. Any amendment duly certified and recorded shall be conclusively presumed to have been duly adopted in accordance with the Declaration and Bylaws. Owners whose voting rights have been suspended pursuant-to the Declaration or these Bylaws shall not be counted as eligible votes toward the amendment requirement.

Any action to challenge the validity of an amendment adopted under this Section must be brought within one (I) year of the amendment's effective date. No action to challenge any such amendment may be brought after such time.

Notwithstanding the foregoing, Declarant or the Board of Directors, without the necessity of a vote from the Owners, may amend these Bylaws to correct any scriveners errors, comply with any applicable state, city or federal law, and/or to bring the Condominium into compliance with applicable rules and regulations of the Federal National Mortgage Association ("Fannie Mae"), the Department of Housing and Urban Development ("HUD) and the Veterans Administration ("VA") pursuant to federal law.

Section 9. Books and Records.

All members of the Association and any holder of a first Mortgage shall be entitled to inspect the following records at a reasonable time and location specified by the Association, upon written request at least five (5) business days before the date on which the member or mortgagee wishes to inspect and copy:

(1) its Articles or restated Articles of Incorporation and all amendments to them currently in effect;

(it) its Bylaws or restated Bylaws and all amendments to them currently in effect;

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resolutions adopted by either its members or Board of Directors increasing or decreasing the number of directors or the classification of directors, or relating to the characteristics, qualifications, rights, limitations, and obligations of members or any class or category of members; resolutions adopted by either its members or Board of Directors relating to the characteristics, qualification, rights, limitations, and obligations of members or any class or category of members;

(v) the minutes of all meetings of members and records of all actions approved by the members for the past three (3) years;

(vi). all written communications to members generally within the past three (3) years, including the financial statements furnished for the past three (3) years;

(vii) a list of the names and business or home addresses of its current directors and officers; and

(viit) its most recent annual report delivered to the Secretary of State.

A member may inspect and copy the following records upon written notice at least five (5) business days before the date on which the member wishes to inspect and copy only if the member's demand is made in good faith and for a proper purpose that is reasonably relevant to the member's legitimate interest as a member; the member describes with reasonable particularity the purpose and the records the member desires to inspect; the records are directly connected with this purpose; aad the records are to be used only for the stated purpose:

excerpts from minutes of any Board meeting, records of any action of a committee of the Board while acting in place of the Board on behalf of the Association, minutes of any meeting of the members, and records of action taken by the members or the Board without a meeting, to the extent not subject to inspection under subsection 9(a);

(i) accounting records of the Association; and

the membership list only if for a purpose related to the member's interest as a member. Without the consent of the Board, a membership list or any part thereof may not be: used to solicit money or property unless such money or property will be used solely to solicit the votes of the members in an election to be held by the Association; used for any commercial purpose; or sold to or purchased by any person.

The Association may impose a reasonable charge, covering the cost of labor and material, for copies of any documents provided to the Member.

Notwithstanding anything to the contrary, the Board may limit or preclude member inspection of confidential or privileged documents, including attorney/client privileged communications, executive session meeting minutes, and financial records or accounts of other members. Minutes for any Board or Association meetings do not become effective and an official Association record until approved by the Board or Association membership. as applicable, at a subsequent meeting.

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