Covenants
Welbrook Farms
Subdivision Declaration of Protective Covenants
[Phase I Declaration as recorded in Deed Book 331, page 167, Office of the Clerk of Court, Oconee County, Georgia]
GEORGIA, )
OCONEE COUNTY.)
THIS DECLARATION OF PROTECTIVE COVENANTS, made and published this 28th day of February, 1995, by STS DEVELOPERS. INC. of Oconee County, Georgia, and hereinafter identified as "Declarant".
WITNESSETH:
WHEREAS, Declarant is the owner of property located in the 133lst G.M.D., Oconee County. Georgia, being known as Welbrook Farms as shown on a plat thereof by Paul & Evans, Surveyors, dated January 4, 1995, recorded in Plat Book 24.; page 174, in the Office of Clerk of Superior Court of Oconee County, Georgia, which plat is incorporated herein by reference; and, WHEREAS, it is to the interest, benefit and advantage of Declarant, and to each and every. party who shell hereafter purchase or acquire any of the above referenced lots that certain set forth and declared Covenants running with the land; protective covenants regulating and governing the use and occupancy of said lots be established, NOW, THEREFORE, for and in consideration of the premises and the benefits to be derived, Declarant does hereby set up, establish, promulgate and declare the following protective covenants to apply to the lands described on the aforesaid plat and to all persons or entities owning or acquiring said lots, or any of them hereafter; and these protective covenants shall become effective immediately and run with the land and shall be binding on all persons or parties claiming under and through Declarant until such time as said covenants may be extended, modified or terminated, in whole or in part, as hereinafter provided, to wit:
• LAND USE. Said lots shall be used for residential purposes only, with each lot being used as a single family residential lot; but, in the event some lots) should not meet septic tank requirements of the Oconee County Health Department or the State Department of Health or should not be suitable for a building site; then said lots) may be used for recreational purposes, including parks and playgrounds, and/or any other use(s) compatible with a residential subdivision, including all uses as may be presently or hereafter authorized under single-family residential zoning provisions of the Oconee County, Georgia, Zoning Ordinance. No boundary line(s) of any lots) may be changed; and no lot or portion of a lot may be used as access to any adjoining property without the express, written consent of Declarant or its designated representative.
• ARCHITECTURAL CONTROL. No structure or improvement of any description shall be erected, placed or altered on any lot unless and until the construction plans and specifications thereof, and a site plan showing the location of the proposed structure on
the lot have been submitted to and approved by the Architectural Control Committee, as hereinafter defined, as to quality of workmanship and materials and harmony of external design and existing grade elevation and surroundings.
No building shall have concrete blocks for the exposed finished material. Concrete blocks may be used as foundations only. This provision shall not prevent a masonry type house with stucco type exterior walls. Unless a stucco exterior is approved, all dwellings and buildings shall have not less than 75% brick exterior walls. Additionally, and unless otherwise specified and allowed, than a 8 on 12' pitch. in writing by the Architectural Control Committee, the roof on any structure shall have not less • DWELLING SITE. No dwelling shall be constructed, erected, placed, altered or maintained on said lots consisting of less than two thousand two hundred (2,200) square feet of heated floor space in a one-story building or less than two thousand four hundred (2,400) square feet of heated floor space in a two-story or split-level building, exclusive of one-story open porches, garages, basements and deck areas. The distribution of floor space for a dwelling of more than one story shall be subject to review by the Architectural Control Committee; and while the 2400 square feet minimum shall be required for dwellings of more than one story, the Committee may specify minimums for each story. • BUILDING LOCATION. No building shall be located on any lot nearer to the front lot line or nearer to the side street line than the minimum building set-back line of 30 feet, as shown on the recorded plat. And no building or structure shall be located on any lot nearer than 10 feet to any interior property line nor nearer than 40 feet to any rear property line. The Architectural Control Committee shall have the authority to grant slight adjustments to the above requirements if it is found that these requirements impose an undue hardship on a property owner in locating the site for a home. Approval for any such exception must be in writing. For the purpose of this covenant, carports, and open porches shali be considered as a part of a building; but eaves and steps shall not be considered a part of a • GARAGES. All garages must be attached to the main structure and have garage doors installed, unless otherwise permitted in writing by the Architectural Control Committee. • FENCES. No fence or wall shall be erected, placed, or altered on any lot nearer to any street than the front building line of the dwelling thereon, unless otherwise approved, in writing, by the Architectural Control Committee. • EASEMENTS. Easements for installation and maintenance of utilities and drainage facilities are reserved as shown on the recorded plat. In addition to those easements shown on the recorded plat, easements for installation and maintenance of utilities and drainage facilities including the right to trim or cut trees, if necessary, are hereby reserved over five (5) feet to each side of each lot and over the rear ten (10) feet of each lot.
• NUISANCES. No noxious or offensive activity shall be carried on upon any lot, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood. An excessive number of vehicles shall not be permanently parked on the street in front of any lot. No mobile home, motor home, travel trailer, camper, boat, trailer of any kind, tractor or other farm equipment, motorcycle or inoperable vehicle shall remain on the street or parked in the front or side yards of any lot. Such vehicle, if parked or stored on a lot, shall be to the rear of the residence and not generally visible from the street.
Trucks, buses or any other vehicle with tonnage in excess of ¾ ton shall not generally be permitted to park on the streets, driveways or lots overnight, and no vehicle of any size which normally transports flammable or explosive cargo may be kept in the subdivision at any time. • TEMPORARY STRUCTURES. No trailer, basement, tent, shack, garage, detached carport, barn or other out-building erected or placed on any tract of land shall at any time be used as a residence, temporarily or permanently; nor shall any structure of a temporary
character be used as a residence, at any time, nor shall any pre-assembled nor factorybuilt structure nor "log home" be placed thereon as a residence, but only conventionally constructed, permanent dwellings shall be erected thereon.
• CLOTHES LINES AND AIR CONDITIONERS. No clothes lines, drying racks or fences used for drying clothes shall be constructed, erected or maintained nearer the front street line * than the rear line of the residence constructed on said tract of land or an extension of said rear line to the side lines of said tract of land, and such must not be visible generally from the street. Air conditioning units must be placed at the rear or side of the structure; and if on a side, must be screened by a fence or shrubbery. No window-unit air conditioners shall be visible from the front street.
• SIGNS. No sign of any kind shall be displaced [sic] to the public view on any lot except: one professional sign of not more than one square toot, or one sign of not more than five square feet advertising the property for sale or rent, or signs used by a builder or Realtor to advertise the property during the construction and initial sales period.
• OIL AND MINING OPERATIONS. No oil drilling, oil development operations, oil refining, quarrying or mining operations of any kind shall be permitted upon or in any lot, nor shall oil wells, tanks, tunnels, mineral excavation or shafts be permitted upon any lot. No derrick or other structure designed for use in boring for oil or natural gas shall be erected, maintained or permitted upon any lot.
• LIVESTOCK AND POULTRY. No animals, livestock, or poultry of any kind shall be housed, maintained, raised, bred, or kept on any lot, except that dogs, cats or other household pets may be kept, provided that they are not kept, bred or maintained for any commercial
• GARBAGE AND REFUSE DISPOSAL. No lots shall be used or maintained as a dumping ground for rubbish. Trash, garbage, or other waste shall not be kept on any lot except in sanitary containers. All equipment for the storage or disposal of such material shall be kept in a clean and sanitary condition.
• SUBDIVIDING OF LOTS. There shall be no sub-dividing of lots without the express, written permission of the undersigned.
• UTILITIES. All utilities shall be underground. No earth-station satellite receiving/transmitting dish antennae or similar apparatus shall be erected or placed on any lot, unless specifically approved by the Architectural Control Committee as to design and/or location. Exterior antennae for radio or television reception shall be placed at the rear of the roof or any chimney. No HAM radio antennae or similar antennae for transmitting or receiving radio or television signals shall be permitted. Solar heating and/or collection panels and equipment, if approved, must be placed at the rear of the dwelling and not generally visible from the front street.
• SIGHT DISTANCE AT INTERSECTION. No fence, wall, hedge, or shrub planting which obstructs sight lines at elevations between 2 and 6 feet above the roadways shall be placed or permitted to remain on any corner lot within the triangular area formed by the street property line and a line connecting them at points 25 feet from the intersection of the street lines, or in the case of a rounded property corner, such points being 25 feet from the intersection of the street property lines extended. The same sight line limitations shall apply on any lot within 10 feet from the intersection of a street property line with the edge of a driveway.
• SEWAGE DISPOSAL. No individual sewage-disposal system shall be permitted on any lot unless such system is designed, located and constructed in accordance with the requirements, standards and recommendations of the Georgia Department of Public Health and the Oconee County, Georgia, Health Department. Approval of such systems, as installed, shall be obtained from such authorities.
• ARCHITECTURAL CONTROL COMMITTEE.
(A) Membership. The Architectural Control Committee shall be composed of Declarant which hereby specifically reserves the right to designate one or more representatives to act on behalf of or in the place of it, including a homeowners association or other entity responsible to the owners of lands in said subdivision.
A majority of the committee may designate a representative to act for it. In the event of death or resignation of any member of the committee, the remaining member(s) shall have full authority to designate a successor. Neither the members of the committee, nor its designated representative shall be entitled to any compensation for services performed pursuant to this covenant. At any time, the then record owners of a majority of the lots shall have the power, through a duly written instrument, to change the membership of the committee or to restore to it any of its powers and
(B) Procedure. The Committee's approval or disapproval as required in these covenants shall be in writing. Should the committee, or its designated representative, fail to approve or disapprove, within 30 days after the plans and specifications and proposed site location have been submitted to it, or in any event, if no suit to enjoin construction has been commenced prior to the completion thereof, approval will not be required, and the related covenants) shall be deemed to have been fully complied with.
• TERM. These covenants are to run with the land and shall be binding on all parties and persons claiming under them for a period of twenty (20) years from the date these covenants are recorded, after which time said covenants shall be automatically extended for successive periods of 10 years unless and until an instrument signed by a majority of the then record owners of said lots (calculated on the basis of one lot, one vote) has been recorded, agreeing to change said covenants in whole or in part.
• ENFORCEMENT. Should any owner or other party having an interest in any property governed hereby violate or attempt to violate any of the covenants herein, it shall be lawful for any other owner of any other real property governed hereby to prosecute any proceedings at law or in equity against the party violating or attempting to violate any such covenants and either prevent such violation or attempted violation or to recover damages or other dues for such violation.
• SEVERABILITY. Invalidation of any one of these covenants by judgment or court order shall in no wise affect any other provision, all of which shall remain of full force and effect • MISCELLANEOUS. All properties and grounds shall be maintained in a neat and orderly fashion at all times. To this end, each lot owner shall maintain the street right-of-way between the pavement and actual property line. Landscaping, as approved by the Architectural Control Committee, shall be installed within 180 days of occupancy or completion of construction, whichever first occurs. Driveway surfaces must be of concrete or asphalt construction, and adequately maintained. Play equipment must be located no nearer the front street than the rear line of the dwelling. No exposed, aboveground tanks shall be permitted for any purpose. No decorative sculptures or the like shall be permitted on front lawns or any place visible from any street. Each lot shall have an underground sprinkler system and shall have all grassed areas of the front yard sodded to the curb. All mailbox receptacles shall be wrought iron and of like design. • SUBDIVISION ENTRANCE. Declarant shall maintain the subdivision entrance until such time as the responsibility therefor may be delegated to a homeowner's association and/or other organization or entity representative to or for the benefit of said subdivision, as may be determined in the sole discretion of Declarant. A reasonable, pro rata cost for maintenance of the entrance may be assessed to each occupied lot in the subdivision. • APPLICABILITY. These restrictions, covenants and conditions shall apply only to the property described above as shown on the above referenced plat, and no other. No
representations or warranties are made with respect to development of any other property owned by Declarant, in Oconee County, Georgia, or elsewhere; the right being expressly reserved by Declarant, its successors, and assigns, to develop any property
other than the specific lots and portions of lots referred to herein in any manner it, in its sole discretion, may choose or deem proper.
• NO WAIVER. Except as specifically provided herein, no failure of either the Architectural
Control Committee or Declarant to act upon any matter for consideration shall be deemed a waiver of the pertinent requirements of these Covenants. Any thing done or any action aken by anyone in violation of these Covenants shall be deemed a continuing violatior nd no approval thereot shall be implied by a failure of the Declarant and/or Architectura Control Committee to act thereon.
IN WITNESS WHEREOF, Declarant, through its duly appointed officers, has hereunto set its hand and its seal the day and year first above written.
STS DEVELOPERS, INC.
By: /s/ Darrell Sosbee, President
/s/ Michael A. Thornton, Vice President
/s/ Roy Lee Sosbee, Secretary
Welbrook Farms Homeowners Association
Bylaws
ARTICLE I Offices
1. Business Offices. The principal office of the corporation in the State of Georgia shall be located at 1101 Nona Drive, Athens, Georgia 30606. The corporation may have such other offices as the Board of Directors may determine or as the affairs of the corporation may require from time to
2. Registered Office. The corporation shall have and continuously maintain in the State of Georgia a registered office, and a registered agent whose office is identical with such registered office. The registered office may be, but need not be, identical with the principal office in the State of Georgia, and the address of the registered office may be changed from time to time by the Board of Directors
ARTICLE II Members
1. Membership. Ownership of a lot within Welbrook Farms is required in order to qualify for membership in the Welbrook Farms Homeowners Association.
2. Representation on Board of Directors. If title to a lot within Welbrook Farms is held by a firm, corporation, partnership, association or other legal entity or any combination thereof, or if any individual or entity shall own title to more than one lot, then in either case that individual or entity may appoint, by a writing furnished to the Welbrook Farms Homeowners Association, a delegate to represent them as a candidate for, and if elected, as a member of, the Board of Directors. Such delegate shall not vote as a member of the Welbrook Farms Homeowners Association unless such person shall be appointed by a proxy executed in conformance with Article III, Paragraph 6 of these Bylaws to cast the voting interest of the lot which he/she represents.
3. Responsibilities of Members. Any person, including Declarant, on becoming an owner of a lot, shall automatically become a member of the Welbrook Farms Homeowners Association and shall be subject to these Bylaws. Such membership shall terminate without any formal action by the Welbrook Farms Homeowners Association whenever such person ceases to own a lot, but such termination shall not relieve or release any such former owner from any liability or obligation incurred under, or in any way connected with, the Welbrook Farms Homeowners Association during the period of such ownership, or impair any rights or remedies which the Board of Directors of the Welbrook Farms Homeowners Association or others may have against such former owner arising out of ownership of the lot and membership in the Welbrook Farms Homeowners Association and the covenants and obligations incident thereto.
4. Membership Certificates. No Certificates of Stock shall be issued by the Welbrook Farms Homeowners Association, but the Board of Directors may, if it so elects, issue membership cards to owners of lots. Such membership cards shall be surrendered to the Secretary of the Welbrook Farms Homeowners Association whenever ownership of the lot designated on the card shall terminate.
5. Classes of Members. The corporation shall have one class of members.
6. Voting Rights. Each lot shall be allocated one vote on the affairs of the Welbrook Farms Homeowners Association. The Welbrook Farms Homeowners Association shall not have a vote with respect to any lot which may be owned by it. Declarant shall be entitled to vote with respect to any lots owned by it.
ARTICLE III Meetings of Members
1. Annual Meeting. The first annual meeting of the Welbrook Farms Homeowners Association members shall be held within one year after the date of adoption of these Bylaws. Thereafter, the annual meetings of the members shall be held on a date and at a time selected by the Board of Directors in April of each year, for the purpose of electing Directors and for the transaction of any other business as may come before the meeting. If the day fixed for the annual meeting shall be a legal holiday in the State of Georgia, such meeting shall be held on the next succeeding business day. If the election of Directors shall not be held on the day designated herein for any annual meeting, or at any adjournment thereof, the Board of Directors shall cause the election to be held at a special meeting of the members as soon thereafter as convenient.
2. Special Meetings. Special meetings of the Welbrook Farms Homeowners Association members may be called by the President, the Board of Directors, or by members having an ownership interest representing one-fourth of the total ownership interests.
3. Place of Meeting. The Board of Directors of the Welbrook Farms Homeowners Association may designate any place within Oconee County, Georgia, as the place of meeting for any annual meeting or for any special meeting called by the Board of Directors. If no designation is made or if a special meeting be otherwise called, the place of meeting shall be the registered office of the corporation in the State of Georgia; but if all of the members shall meet at any time and place, and consent to the holding of a meeting, such meeting shall be valid without call or notice, and at
4. Notice of Meetings. Written notice stating the place, day and hour of any meeting of members shall be delivered, either personally or by mail, to each member entitled to vote at such meeting, not less than ten or more than fifty days before the date of such meeting, by or at the direction of the President, or the Secretary, or the officers or persons calling the meeting. In case of a special meeting or when required by statute or by these Bylaws, the purpose or purposes for which the meeting is called shall be stated in the notice. If mailed, the notice of a meeting shall be deemed to be delivered when deposited in the United States mail addressed to the member at his/her address as it appears on the records of the corporation, with postage thereon prepaid. 5. Quorum. Except as otherwise provided in these Bylaws or in the Declaration, the presence in person or by proxy of the Welbrook Farms Homeowners Association members possessing sufficient votes to constitute 25% of the votes of all members shall constitute a quorum, and such members present in person or by proxy shall constitute the members entitled to vote upon any issue presented at a meeting at which a quorum is present. A majority of votes entitled to be cast by such members present in person or by proxy shall be sufficient to make decisions binding on all owners, unless a different number or method of voting is expressly required by statute or by the Declaration, the Articles of Incorporation of the Welbrook Farms Homeowners Association, or these Bylaws. If a quorum is not present at any meeting of the members, a majority of the members present may adjourn the meeting from time to time without further notice.
6. Proxies. At any meeting of the members, a member entitled to vote may vote by proxy executed in writing by the member or by his/her duly authorized attorney-in-fact. No proxy shall be valid after eleven months from the date of its execution, unless otherwise provided in the proxy. Proxies shall be filed with the Secretary of the Welbrook Farms Homeowners Association
ARTICLE IV Board of Directors
1. General Powers. The affairs of the corporation shall be managed by its Board of Directors. Directors must be over the age of eighteen (18), and shall be residents of the Welbrook Farms Subdivision, except as provided by Article 2, Paragraph 2 of these Bylaws.
2. Number. The number of Directors shall be three.
3. Tenure. The terms of office of the initial Board of Directors as set forth in the Articles of Incorporation shall be set as they among themselves decide, subject to the requirement that the term of at least one member of the Board shall expire annually. Every Director elected to replace the members of the initial Board of Directors shall serve a term of three years, so that the term of one-third of the Board of Directors shall expire each year. The Directors shall hold office until their successors have been elected and qualified.
4. Regular Meetings. A regular annual meeting of the Board of Directors shall be held without other notice than this bylaw, immediately after, and at the same place as, the annual meeting of members. The Board of Directors may provide by resolution the time and place for the holding of additional regular meetings of the Board without other notice than such resolution. The Board may also hold meetings by telephone conference call.
5. Special Meetings. Special meetings of the Board of Directors may be called by or at the request of the President or any two Directors. The person or persons authorized to call special meetings of the Board may fix any place as the place for holding any special meeting of the Board called by them.
6. Notice of Meetings. Notice of each meeting of directors, whether annual; regular or special, shall be given to each director. If such notice is given either (a) by personally delivering written notice to a director or (b) by personally telephoning such director, it shall be so given at least two (2) days prior to the meeting. If such notice is given either (a) by depositing a written notice in the United States mail, postage prepaid, or (b) by transmitting a facsimile, cable or telegram, in all cases directed to such director at his/her residence or place of business, it shall be so given at least four (4) days prior to the meeting. The notice of all meetings shall state the place, date and hour thereof, but need not, unless otherwise required by statute, state the purpose or purposes thereof.
7. Quorum. A majority of the Board of Directors shall constitute a quorum for the transaction of business at any meeting of the Board; but if less than a majority of the Directors are present at said meeting, a majority of the Directors present may adjourn the meeting from time to time without further notice.
8. Manner of Acting. The act of a majority of the Directors present at a meeting at which a quorum is present shall be the act of the Board of Directors, unless the act of a greater number is required by law or by these bylaws.
9. Other Powers and Duties. Without limiting the generality of the powers and duties set forth in Article IV, Paragraph 1 of these Bylaws, the Board of Directors shall be empowered and shall have the powers and duties as follows:
1) to administer and enforce the covenants, conditions, restrictions, easements, uses, limitations, obligations and all of the provisions set forth in the Declaration;
if deemed necessary or advisable, to obtain and maintain in effect insurance coverage to the extent that insurance is available from reputable carriers at costs which are not demonstrably unreasonable;
3) upon delegation by Declarant of the responsibility for the subdivision entrance or other common areas, to fix, determine, levy and collect the annual assessment to be paid by all owners of occupied subdivision lots toward the gross expenses of the common
areas as defined in the Declaration, and to adjust, decrease, or increase, the amount of the assessments, and to credit any excess of assessments over expenses and cash reserves to the members against the next succeeding assessment period; 4) to collect delinquent assessments by suit or otherwise and to enjoin or seek damages from an owner;
5) to protect and defend the Subdivision Property from loss and damage by suit or otherwise; .
to establish a bank account for the treasury and for all separate funds which are required or may be deemed advisable by the Board of Directors;
7) to keep and maintain full and accurate books and records showing all the receipts, expenses, or disbursements of the Board and to permit examination thereof by owners at convenient weekday business hours;
8) to prepare and deliver annually to each member a statement showing all receipts, expenses, or disbursements since the last such statement, including depreciation and other tax information;
9) to maintain the landscaping, trees, shrubs, and other vegetation located in common areas of Welbrook Farms Subdivision for the benefit of the owners.
10. Vacancies. Any vacancy occurring in the Board of Directors and any directorship to be filled by reason of an increase in the number of directors may be filled by the affirmative vote of a majority of the remaining Directors, though less than a quorum of the Board of Directors. A Director elected to fill a vacancy shall be elected for the unexpired term of his/her predecessor in office. •
11. Compensation. Directors shall serve without compensation for their services, but may be reimbursed for reasonable actual expenses incurred in the performance of his/her duties.. 12. Informal Action by Directors. Any action required by law to be taken at a meeting of directors, or any action which may be taken at a meeting of directors, may be taken without a meeting if a consent in writing, setting forth the action so taken, shall be signed by all of the Directors. 13. Meetings by Telephone. Members of the Board of Directors or any committee designated thereby may hold or participate in a meeting of the Board of Directors or such committee by means of conference telephone or similar communications equipment provided that all such persons so participating in such meeting can hear each other at the same time.
ARTICLE V Officers
1. Officers. The officers of the corporation shall be a President, a Secretary, a Treasurer, and such other officers as may be elected in accordance with the provisions of this Article. The Board of Directors may elect or appoint such other officers, including Vice Presidents, and/or one or more Assistant Secretaries and one or more Assistant Treasurers, as it shall deem desirable, such officers to have the authority and perform the duties prescribed, from time to time, by the Board of Directors. Any two or more offices may be held by the same person. The President shall be a member of the Board of Directors.
2. Election and Term of Office. The officers of the corporation shall be elected at the first meeting of the Board of Directors and thereafter at the next regular meeting of the Board of Directors following each annual meeting of the Board of Directors. If the election of officers shall not be held at such meeting, such election shall be held as soon thereafter as conveniently may be. New offices may be created and filled at any meeting of the Board of Directors. Each officer shall hold office until his/her successor shall have been duly elected and shall have qualified.
3. Removal. Any officer elected or appointed by the Board of Directors may be removed by the Board of Directors whenever in its judgment the best interests of the corporation would be served thereby.
4. Vacancies. A vacancy in any office because of death, resignation, removal, disqualification or otherwise, may be filled by the Board of Directors for the unexpired portion of the term.
5. President. The President shall be the principal executive officer of the corporation and shall in general supervise and control all of the business and affairs of the corporation. He/She shall insure that the orders and the resolutions of the Board of Directors are carried out. He/She shall preside at all meetings of the members and of the Board of Directors. He/She may sign, with the Secretary or any other proper officer of the corporation, contracts or other instruments which the Board of Directors has authorized to be executed, except in the cases where the signing and execution thereof shall be expressly delegated by the Board of Directors or by these bylaws or by statute to some other officer or agent of the corporation; and in general he/she shall perform all duties incident to the office of President and such other duties as may be prescribed by the Board of Directors from time to time.
6. Vice President. If the Board of Directors chooses to appoint any Vice Presidents, the Vice President (or in the event there be more than one Vice President, the Vice Presidents in the order of their election), in the absence of the President or in the event of his/her inability or refusal to act, shall perform the duties of the President, and when so acting, shall have all the powers of and be subject to all the restrictions upon the President. Any Vice President shall perform such other duties as from time to time may be assigned to him by the President or by the Board of Directors.
7. Treasurer. If required by the Board of Directors, the Treasurer shall give a bond for the faithful discharge of his/her duties in such sum and with such surety or sureties as the Board of Directors shall determine. The Treasurer shall receive and deposit in appropriate bank accounts all monies of the Welbrook Farms Homeowners Association and shall disburse such funds as directed by resolution of the Board of Directors; sign all promissory notes of the Welbrook Farms Homeowners Association; sign all checks of the Welbrook Farms Homeowners Association unless the Board specifically directs otherwise; keep proper books of account; if required by the Board of Directors, cause an audit of the Welbrook Farms Homeowners Association books to be made by a certified public accountant; and prepare an annual budget and a statement of income and expenditures to be presented to the membership at its regular annual meeting, and deliver a
8. Secretary. The Secretary shall keep the minutes of the meetings of the members and of the Board of Directors in one or more books provided for that purpose; see that all notices are duly given in accordance with the provisions of these bylaws or as required by law; be custodian of the corporate records and of the seal of the corporation and see that the seal of the corporation is pore a records and of affixed to all documents, the execution of which on behalf of the corporation under its seal is duly authorized in accordance with the provisions of these bylaws; keep a register of the post-office address of each member which shall be furnished to the Secretary by such member and in general perform all duties incident to the office of Secretary and such other duties as from time to time may be assigned to him/her by the President or by the Board of Directors.
9. Assistant Treasurers and Assistant Secretaries. If required by the Board of Directors, the Assistant Treasurers shall give bonds for the faithful discharge of their duties in such sums and with such sureties as the Board of Directors shall determine. The Assistant Treasurers and Assistant Secretaries, in general, shall perform such duties as shall be assigned to them by the Treasurer or the Secretary or by the President or the Board of Directors.
ARTICLE VI Committees
Committees of Directors. The Board of Directors of the Welbrook Farms Homeowners Association may appoint such committees as deemed appropriate in carrying out its purposes.
ARTICLE VII Amendments and Compliance
1. Amendments. These Bylaws may be amended by a vote of a majority of a quorum of the Board of Directors at a regular or special meeting of the Board. No amendment shall serve to shorten the term of any director or conflict with the Articles of Incorporation of the Welbrook Farms Homeowners Association or the Declaration.
2. Conflict Between Documents. In the case of any conflict between the Articles of Incorporation of the Welbrook Farms Homeowners Association and these Bylaws, the Articles shall control. In the case of any conflict between the Declaration and these Bylaws or the Articles of Incorporation of the Welbrook Farms Homeowners Association, the Declaration shali control.
ARTICLE VIII Services
The Welbrook Farms Homeowners Association shall initially provide for the following services, among others, funded through the related payments outlined below from annual assessments and voluntary dues, which services may be amended or supplemented from time to time by the vote of the Board of Directors:
a) Enforcement of the Declaration of Protective Covenants upon assuming authority therefor as provided by provisions within said Declaration;
b) Maintenance of the Subdivision Entrance or other common areas as defined in the Declaration or by other legal instrument;
c) Maintenance of insurance if deemed necessary; and
d) Social activities.
ARTICLE IX Nonprofit Corporation
The Welbrook Farms Homeowners Association is not organized for profit. No member of the Welbrook Farms Homeowners Association, member of the Board of Directors, or a person from whom the Welbrook Farms Homeowners Association may receive any property or funds, shall receive or shall be lawfully entitled to receive any pecuniary profit from the operations of the Welbrook Farms Homeowners Association, and in no event shall any part of the funds or assets of the Welbrook Farms Homeowners Association be paid as a dividend, or be distributed to, or inure to the benefit of, any member of the Board of Directors.
ARTICLE X Obligations of the Owners
1. Assessments. Except as otherwise provided in the Declaration, all owners of occupied lots shall be obligated to pay an Annual Assessment imposed by the Welbrook Farms Homeowners Association for the purpose of maintaining the Subdivision Entrance as set forth in Section 24 of the Declaration, or maintenance of other common areas of the subdivision as described in a legal instrument transferring title to the Welbrook Farms Homeowners Association. Unless otherwise determined by the Welbrook Farms Homeowners Association, the Annual Assessment shall be paid periodically in advance and shall be due and payable to the Welbrook Farms Homeowners Association at its principal office, without notice on the first day of the payment period. 2. Dues. The Welbrook Farms Homeowners Association shall also request voluntary annual dues for other activities of the Association.
3. Registration of Mailing Address. All owners of each lot shall have one and the same registered mailing address to be used by the Welbrook Farms Homeowners Association for mailing of notices, demands, and all other communications. Such registered address shall be the only mailing address of a person or persons, firm, corporation, partnership, association, or other legal entity or such combination thereof to be used by the Welbrook Farms Homeowners Association. Such registered address of a lot owner or owners shall be furnished by such owners to the Secretary of the Welbrook Farms Homeowners Association within a reasonable time period after transfer of title. If the lot is the registered address of the owners, then any notice shall have been deemed to be duly given if it is delivered to any person occupying that lot, or, if such lot is unoccupied, if the notice is held and available for the owners at the principal office of the Welbrook Farms Homeowners Association. The registered address may be changed from time to time by designation in accordance with this Section.
ARTICLE XI Books and Records: Statement of Account
1. Inspection. The records of receipts and expenditures of the Board of Directors, and other books, records and papers of the Welbrook Farms Homeowners Association, including the Declaration, the Articles of Incorporation, and these Bylaws of the Welbrook Farms Homeowners Association as well as any rules and regulations of the Welbrook Farms Homeowners Association shall be available for inspection during convenient week day business hours by the owners, their agents, their attorneys, their lenders, and to holders, insurers or guarantors of first mortgages at the principal office of the Welbrook Farms Homeowners Association.
2. Statement of Account. Upon ten days notice to the Board of Directors, and payment of a reasonable fee, any owner shall be furnished a statement of the owner's account setting forth the amount of any unpaid assessments or other charges due and owing from such owner.
ARTICLE XII Corporate Seal
The corporate seal shall be in such form as shall be approved by resolution of the Board of Directors. Said seal may be used by causing it or a facsimile thereof to be impressed or affixed or reproduced or otherwise. The impression of the seal may be made and attested by either the Secretary or an Assistant Secretary for the authentication of contracts or other papers requiring
ARTICLE XIII Waiver of Notice
Whenever any notice is required to be given under the provisions of the Georgia Nonprofit Corporation Act or under the provisions of the Articles of Incorporation or the bylaws of the corporation, a waiver thereof in writing signed by the person or persons entitled to such notice, whether before or after the time stated therein, shall be deemed equivalent to the giving of such notice.
ARTICLE XIV Fiscal Year
The fiscal year of the Welbrook Farms Homeowners Association shall begin on the first day of January and end on the 31st day of December of every year, except that the first fiscal year shall begin on the date of incorporation.
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