Covenants
ILED C CFFICE SER CORI
03 JUL 25 AM 11:37
This Document was prepared by and should be returned to: 87
Michaal A. Morris, Esq. 2:
Post Office Box B32 Blasingame, Burch, Garrard, Bryant & Ashley, P.C. W. CLERK,
(706) 354-4000 Athens, Georgia 30603
DECLARATION OF CONDOMINIUM
OF
THE WOODLANDS OF ATHENS
a condominium
in Athens-Clarke County, Georgia
THIS DECLARATION Is made, executed and recorded to submit the property hereinatter described and the improvements thereon to the condominium torm of ownership under the Georgia Condominium Act.
1. SUBMISSION. WOODLANDS OF ATHENS, L.L.C., as the owner of the property described as "Property" on Exhibit "A" hereto attached and made a part hereof by reference, does hereby submit such property and the improvements constructed thereon pursuant to the provisions of the Georgia Condominium Act, Act 463, Georgia Laws 1975, p. 609 as amended (the "Act"). From and after the date that this Declaration is recorded with the Clerk of the Superior Court of Athens-Clarke County, Georgia, such property and all of the improvements constructed thereon, shall be owned, held, transferred, sold, conveyed, used, occupied, mortgaged or otherwise encumbered subject to the terms and provisions of this Declaration and of the Act.
2. DEFINITIONS. Unless the context requires otherwise the terms defined in the Act shall have the same meanings for purposes of this Declaration as are ascribed to them by the Act. In addition, as used in this Declaration, the Articles of Incorporation, the Bylaws and the other condominium instruments, the following terms shall have the meanings indicated hereinbelow, all of such definitions being cumulative of those contained elsewhere in this Declaration.
(a) "Act shall mean the Georgia Condominium Act, Georgia Laws 1975, p. 609, as the same is or may be hereinafter amended.
(b) "Articles of Incorporation" shall mean the Articles of Incorporation of the Association, as the same may be hereinafter amended.
1 015047
00A 2417/02 007
(c) "Association" shall mean Woodlands of Athens Condominium Association, Inc., a Georgia non-profit membership corporation formed for the purpose of exercising the powers of the Association under this Declaration, the Articles of Incorporation, the Bylaws, and the Act.
(d) "Board of Directors" shall mean the Board of Directors of the Association, the members of which shall be appointed and elected from time to time as provided in this Declaration, the Articles of Incorporation, the Bylaws, and the Act. The Board of Directors shall be the governing body of the Association.
(e) "Bylaws" shall mean the ByLaws of the Association, as the same may be hereafter amended.
(f) "First Lien Mortgage" shall mean a mortgage, a deed to secure debt or deed of trust on a unit and its undivided interest in the common elements which gives to the holder thereof a first and superior lien and security title on and to such unit and undivided interest.
(g) "The Property" means those tracts or parcels of land and all improvements thereon described in Exhibit "A" and Exhibit "B" hereto attached and by reference incorporated herein.
(h) "Declarant" shall mean Woodlands of Athens, L.L.C., its successors and assigns. 3. NAME. The name of the Condominium is "The Woodlands of Athens, a condominium"
4. COUNTY. The Condominium is located in Athens-Clarke County, Georgia. 5. DEVELOPMENT PLAN. The development plan for the condominium is hereinafter described.
(a) Development of Phase 1 The development plan for the Phase I property shall consist of a total of 114 units, each including a certain parcel of land and the unit located thereon. The plat recorded at Condominium Plat Book 2, pages 66-71, Athens-Clarke County, Georgia Records, shows the location and dimensions of the property, the locations and dimensions of the vertical boundaries of each completed unit, the locations and dimensions of all completed structural improvements located on the property, to the extent feasible, the location of units "not yet begun" Ạạ the location of easements to which the property is subject, the identifying numbers of the units located on the property and the location and dimension of any limited common elements appurtenant to each unit. The units on the property will be constructed substantially in accordance with the survey and the plans which have been filed simultaneously with the filing of this Declaration in the Office of the Clerk of Superior Court of Athens-Clarke County, Georgia.
(b) Option to Submit Phase 2. Declarant hereby reserves the option, to be exercised in its sole discretion, to submit all or a portion of the "Phase 2 Property" to the provisions of this
Declaration as additional phases and thereby cause the Phase 2 Property or portions thereof to become part of the Condominium. This option may be exercised by the Declarant in accordance with the following conditions and limitations which are the only conditions and limitations on such option:
(1) The option may be exercised for a period of seven (7) years from the date of this Declaration; provided however, that the unit owners to which at least two thirds of the votes in the Association appertain, exclusive of any vote or votes appurtenant to any unit or units then owned by the Declarant, may consent to the extension of such option within one year prior to the date upon which the option will expire.
(2) The legal description of the Phase 2 Property is set forth in Exhibit B; a portion of such property may be added at different times as Phase 2 Property and there are no limitations fixing the boundaries of such portions or regulating the order in which such portions may be added to the Condominium. The maximum number of units that may be created on the Phase 2 Property is 442 units.
(3) The Phase 2 Property has no horizontal boundaries and the vertical boundaries are the perpendicular vertical projections of those lines which are the property line boundaries set forth in the legal description attached hereto as Exhibit B.
(4) There are no limitations with respect to the location of any improvement or the maximum number of units to be located on any portion of the property that may be submitted as Phase 2 Property except as provided in (b)(2) above.
(5) All units created on the Phase 2 Property or portions thereof will be restricted to the uses set out in Article 14 herein.
(6) No assurances are made that any of the structures to be constructed on the Phase 2 Property or any portion thereof will be substantially identical to structures on the Phase I Property.
(7) The improvements made on the Phase 2 Property or portions thereof shall be limited to units for residential use, street improvements, driveways, parking areas, and utility systems relating to such units.
(8) The Declarant reserves the right to create certain limited common elements appertaining to units on the Phase 2 Property or portions thereof and to designate common elements within the Phase 2 Property or portions thereof which may subsequently be designed as limited common elements and there are no limitations on the Declarant's right to create or design limited common elements as aforesaid within the Phase 2 Property or portions thereof.
(9) Should the options set forth herein not be exercised within the term specified, such options shall in all respects expire and be of no further force or effect and in such event the
. 122 009
Declarant shall not be obligated to impose on the Phase 2 Property or any portion thereof, any covenants, conditions or restrictions the same as or similar to those contained herein.
The option reserved by this Article 5 may be exercised by the Declarant only by the execution by it of an amendment to this Declaration which shall be filed for record in the Office of the Clerk of the Superior Court of AthensClarke County, Georgia together with a revised survey and architectural plans for the units on the Phase 2 Property or such portion thereof as shall be submitted to this Declaration by such amendment. Any such amendment shall expressly submit the Phase 2 Property, or portions thereof, to all of the provisions of this Declaration, as may be amended, and upon the exercise, it any, of such option, the provisions of this Declaration shall then be understood and construed as embracing the Phase I Property and the Phase 2 Property, or such portions thereof, together with all improvements then constructed thereon. From and after the submission of the Phase 2 Property or any portion thereof to the act by such amendment to this Declaration:
(1) The undivided percentage interest in the common elements appertaining to each unit, including the units located on the Phase 2 Property or such portions thereof, shall be calculated and divided according to Article 9 herein.
(2) The number of votes in the Association shall be recalculated pursuant to Article 10 herein; and
(3) Each unit owner's share of the annual and special assessments shall be the percentage equal to such unit owner's percentage of undivided interest in the common elements after reallocation pursuant to this article.
6. UNITS. Each unit, together with its undivided interest in the common elements shall for all purposes constitute a separate parcel of real property, which may be owned, held, transferred, sold, conveyed, used, occupied, mortgaged, or otherwise encumbered in the same manner as any other parcel of real property, subject to the provisions of this Declaration and the Act. Each unit owner shall be entitled to the exclusive ownership and possession of the unit or units owned by him, subject to the provisions of this Declaration and the Act. Each unit shall include all of the space and improvements within the boundaries thereof.
(a) Boundaries. All units having the ground floor as its lowest level shall have no lower horizontal boundaries. The lower horizontal boundaries of any unit or portions thereof which is not a ground floor unit, or which does not have a ground floor portion thereof immediately below, shall have lower horizontal boundaries which are the upper surfaces of the floor joists of the lowermost floor of such unit, or of the lowermost floor of the portion of the unit which does not have a ground floor portion thereof immediately below. The upper horizontal boundary of any unit which has another unit on top of it shall be the undersurfaces of the joists which are the ceiling joists for the uppermost floor of such unit. There shall be no upper horizontal boundary of any unit which does not have another unit directly above it. The vertical (lateral) boundary of each unit shall be the exterior finished surface of the outside walls of such unit. If applicable, all of the aforesaid boundaries shall be extended to the intersections with
4
002 5 020E 000
each other. Notwithstanding the foregoing, all exterior doors and glass surfaces, such as windows, serving each unit shall be deemed to be included within the boundaries hereof; and all portions of the heating and air conditioning systems (including furnaces, compressors, conduits, wires, pipes, and the like) serving a single unit shall be deemed to be included within the boundaries of that unit, irrespective of whether the same are located within the boundaries above described.
(b) Relocation of Boundaries Between Units. The boundaries between adjoining units may be relocated only upon a two-thirds vote of the Association and the mortgagees.
7. LIMITED COMMON ELEMENTS. The limited common elements are those portions of the common elements which are reserved for the exclusive use of those persons who are entitled to the use of the units to which such limited common elements are assigned. The limited common elements shall be assigned as follows:
(a) All portions of the common elements on which there is located any steps, ramps, decks, porches, any portion of the heating and air conditioning system serving a particular unit or units or sidewalks immediately adjacent to a unit or parking spaces designated as exclusive to a unit pursuant to Article 14(c) herein shall be limited common elements, reserved for the exclusive use of those persons wha are entitled to use the unit or units which is or are served by such heating and air conditioning systems, entrance area, or parking area.
8. ADDITIONAL LIMITED COMMON ELEMENTS. No portion of the common elements located on the Property may be subsequently assigned as a limited common element.
9. ALLOCATION OF UNDIVIDED INTEREST IN THE COMMON ELEMENTS. Each unit shall be allocated an equal undivided interest in the common elements.
10. ALLOCATION OF VOTES IN THE ASSOCIATION. Each unit owner shall be allocated an equal vote in the Association.
11. ALLOCATION OF LIABILITY FOR COMMON EXPENSES. Each unit shall be allocated an equal share of the liability for common expenses.
12. POWERS OF THE ASSOCIATION AND BOARD OF DIRECTORS. The powers of the Association and the Board of Directors shall be as set forth, and shall be subject to the limitations and restrictions set forth in the Act, the Georgia Nonprofit Corporation Act, this Declaration, the Articles of Incorporation and the Bylaws of the Association.
13. PREPARER OF DECLARATION. The name and address of the attorney who prepared this Declaration is Michael A. Morris of Blasingame, Burch, Garrard, Bryant & Ashley, P.C., P.O. Box 832, Athens, Georgia 30603.
000 04. 170E 001
14. RESTRICTIONS. For the purpose of assuring the maximum enjoyment of the Property by all of the owners and occupants thereot, the use of the Property shall be only in accordance with the following provisions:
(a) Residential Use. All units shall be restricted exclusively to residential use; provided however, nothing contained herein shall prohibit the use of office space contained within the Clubhouse for use as an office. No unit or any limited common element, or any portion thereof, shall at any time be used for any commercial, business or professional purpose; provided that the Declarant may conduct sales and promotional activities on the Property with respect to units owned by it and may maintain such units as model units; and provided further, that nothing contained in this Declaration shall be construed as prohibiting the use of units for rental purposes. The common elements shall be used exclusively for the recreational and service purposes for which they are intended.
(b) Pets. Small dogs, cats, or other small domestic household pets may be kept by the respective unit owners or their lessees in the respective units. Whether a pet meets such standards shall be in the reasonably exercised discretion of the Board of Directors. Animals or pets not meeting such standards or causing a nuisance must be promptly removed from the Property by a unit owner or a lessee of a unit upon being instructed to do so by the Board of Directors. Every unit owner and lessee shall be liable to the Association for a fine of $25.00 per day for each and every day such unit owner or lessee shall fail to so remove his pet or animal after being instructed to do so by the Board of Directors.
(c) Parking. Only a passenger automobile or a pick-up truck in operating condition with a then current effective liability insurance, license tag and operating sticker may be parked upon or in designated automobile parking areas and spaces. The Board of Directors may cause property stored or parked in violation of the provisions of this Paragraph (c) to be removed at the expense of the unit owner who parked or stored the same or whose lessee, invitee, or lessee's invitee parked or stored the same, or at the expense of the unit owner on whose behalf of the same is parked or stored, or who caused or permitted such parking or storage. The cost of removal and further storage shall be assessed against the unit owner liable for such cost hereunder. Provided, however, that Declarant and its agents may park such trucks, vehicles or equipment in the parking area or common elements as are necessary to complete construction or provide maintenance to any unit, common element or limited common element. Boats, trailers, trucks, motorcycles, mini-bikes, recreational vehicles or non-automobiles may be parkec only in parking areas set aside by the Board of Directors for such purposes. These restrictions on recreational vehicles or non-automobiles may be enforced by removal and storage in the same manner as stated above, including the right of the Association to charge a fee for such removal and storage.
The Board of Directors may assign designated exclusive parking spaces appertaining to units. In assigning designated spaces the Board of Directors will give consideration to the location of the unit in respect to the location of the designated spaces. All parking spaces not specifically assigned to a unit by the Board of Directors shall be considered
6
00. 4. 1ME 002
general parking areas. Nothing contained herein shall prohibit the Board of Directors from assigning exclusive parking spaces to additional units created pursuant to this Declaration.
(d) Motorcycles, Motorscooters, Go-Carts. Go-Carts are prohibited from use on any part of the Property. Motorcycles (including motor bikes or minibikes), motor scooters, and similar vehicles may be used only on the streets and the paved common elements, and then only for transportation to a unit and to leave the Property, and not for recreation in itself or for joy riding.
(e) Nuisances. No rubbish or debris of any kind shall be dumped, placed, or permitted to accumulate upon any portion of the Property so as to render any portion thereof unsanitary, unsightly, offensive or detrimental to the owners or occupants of any units. No nuisance shall be permitted to exist or operate upon any portion of the Property. Without limiting the generality of any of the foregoing, no exterior speakers, horns, whistles, or other sound devices, except security devices used exclusively for security purposes, shall be located, used or placed on the Property, or any portion thereof.
(f) Compliance by Unit Owners and Lessees. Each unit owner shall cause his lessee, or his sublessee, to comply with all of the restrictions set forth in this Article 14, and such other reasonable rules and regulations concerning the use of the Property as may be made and amended from time to time by the Board of Directors pursuant to Article 23 of this Declaration, notwithstanding the fact that such lessee or said lessee's sublessee are fully liable for any violation of such restrictions, rules and regulations. All agreements by which a unit is leased shall provide that the terms of such lease shall be subject in all respects to all of the terms and provisions of the Declaration and the Bylaws, and that any failure by the lessee to comply with the terms of such documents shall be a default under such lease agreements.
(g) Leasing of Units. Units may be leased by unit owners subject to the covenants and restrictions of this Declaration and subject to any part of the rules and regulations governing leasing established by the Board of Directors. Any lease agreement shall be required to provide that the lessee, sublessee, his invitees, employees and guests comply with the terms of the Declaration and that any failure by the lessee, sublessee, his invitees, employees or guest to comply with the terms of such documents shall be a default under the lease. All leases shall be required to be in writing. This Article 14(g) and any part of the rules and regulations relating to the leasing of units established by the Board of Directors shall not apply to any lease or leases which may be entered into by the Declarant; provided, however, the occupancy of any unit by any lessee of the Declarant shall be otherwise subject to the provisions of this Declaration.
(h) Sale by Mortgagee. Should the holder of a first lien mortgage on any unit become the fee simple owner of such unit through foreclosure or any other means pursuant to the satisfaction (in whole or in part) of the indebtedness secured by such mortgage or desire to sell under the power of sale contained in its mortgage, the sale of such fee simple interest or any lease or disposition of any interest in the unit by such mortgagee pursuant to the satisfaction (in whole or in part) of the indebtedness secured thereby may be accomplished without regard to the restrictions contained in this Article 14; provided, however, that the purchaser or lessee of
such unit from such mortgagee shall take title to such unit subject to all of the provisions of this Article 14, this Declaration and the Act.
(i) Mortgaging of Units. No owner other than the Declarant may mortgage a unit or any interest therein without the approval of the Board of Directors, except to the person from whom such unit was purchased or to a bank, an insurance company, a federal savings and loan association, or a corporation or partnership acting as a mortgage broker whose primary interest in making any such mortgage is the placement and servicing of same with and on behalf of one of such lending institutions. The existence of a "permanent commitment" from any lending institution to purchase any such mortgage from such mortgage broker shall be conclusive evidence of such mortgage broker's intent to place any such mortgage with one of the such other lending institutions whether or not such commitment is ultimately fulfilled. The approval of any mortgagee as provided for above may be upon conditions determined by the Board of Directors but may not be arbitrarily withheld.
(i) Prohibited Activities. No noxious or offensive activity shall be carried on in any unit, or upon any limited common element or common element. Each unit owner, his family, lessees, invitees and guests, shall refrain from any act or use of his unit or limited common elements or common elements, which could reasonably cause embarrassment, discomfort, annoyance or nuisance to any other resident or residents of the Property.
15. REPAIR AND MAINTENANCE. The repair and maintenance of the Property shall be in accordance with the following terms and conditions:
(a) Units. Each unit owner shall be responsible for the maintenance, repair, renovation, restoration, and replacement of ali portions of his unit, including, without limitation, the heating, air conditioning and interior electrical and plumbing systems and the exterior doors and glass surfaces. All such maintenance, repair, renovation, restoration and replacement work shall be performed by each unit owner in such a manner so as to cause as little disturbance to the owners or tenants of the other units as is reasonably possible.
(b) Limited Common Elements. Each unit owner shall be responsible for the maintenance, repair, renovation, restoration and replacement of all of the limited common elements assigned to his unit. All such maintenance, repair, renovation, restoration and replacement work to be performed by the owner thereof shall be done in such a manner so as to cause as little disturbance to the occupants or tenants of the other units as is reasonably possible.
(c) Common Elements. The Association shall be responsible tor the maintenance, repair, renovation, restoration and replacement of the common elements, except for the limited common elements for which the unit owners shall be responsible, as provided by Paragraph 15(b) above. In performing such responsibility, the Association shall do the following:
1. Provide maintenance and repair of driveways and parking areas.
BON CHOE 001
2. Repair, replace and maintain all utility lines, pipes, wires and conduits serving the units (except for those forming a part of the heating and air conditioning and interior electrical and plumbing systems, for which the individual owners shall be responsible).
3. Provide maintenance of the common areas including landscaping.
4. Pay common area taxes and utilities.
(d) Prohibited Changes. No unit owner shall paint or otherwise change the exterior appearance of his unit, or of any other portion of the Property, including any of the limited common areas assigned to his unit, without having first obtained the written consent of the Board of Directors. Additionally, the design, type, location, size, intensity and color or all exterior lights (including both those mounted as part of the original design of the Property and those mounted with the consent of the Board of Directors) shall be subject to the control of the Board of Directors. No signs shall be placed on the exterior of any unit or on any common elements or limited common elements without the prior written approval of the size, shape, color, design and materials by the Board of Directors.
(e) Maintenance Required by Unit Owners. In the event the Board of Directors shall determine that the need for maintenance or repairs by the Association as provided in Paragraph 15(c) above is caused through the willful or negligent act of a unit owner, his lessee, or their sublessees, assignees, guests or invitees, and not paid for insurance, the cost of performing such maintenance or repair shall be added to and become a part of the assessments to which such unit owner is subject.
16. PLAT AND PLANS. The survey of the Property is being filed simultaneously with this Declaration in Condominium Plat Book 2, pages 66-71, Athens-Clarke County, Georgia Records, and said survey is by reference incorporated herein.
Plans of every building which contains a unit located on the Property, conforming to the requirements set forth for the same in the Act, are being filed simultaneously with this Declaration in the Office of the Clerk of Superior Court of Athens-Clarke County, Georgia, the same being File No. 221.
Other plats may be filed in order to comply with Articles Five and Six of this Declaration and the Act.
17. CONTROL BY DECLARANT. Notwithstanding anything contained elsewhere in this Declaration, or in the Articles of Incorporation or Bylaws, which may be construed to the contrary, the Declarant shall be authorized to appoint and remove any member or members of the Board of Directors and officer or officers of the Association. The Declarant's authority to so appoint and remove members of the Board of Directors and officers of the Association shall expire upon the first of the following to occur:
9
B00 74 10 000
(a) The expiration of five (5) years after the date of recording of this Declaration; (b) The date as of which Units to which three-fourths (3/4) of the undivided interests in the common elements appertained shall have been conveyed by the Declarant to Unit Owners other than the Declarant;
(c) The surrender by the Declarant of the authority to appoint and remove members of the Board of Directors and officers of the Association by an express amendment to this Declarant executed and recorded by the Declarant.
18. ASSESSMENTS. Assessments against the unit owners shall be made to raise funds to pay all common expenses of the Property, and shall be governed by the following provisions:
(a) Liability. Each unit owner shall be liable to the Association for all sums as are lawfully assessed by the Association against him or his unit or units in accordance with the terms and provisions of this Declaration and the Articles of Incorporation and Bylaws. In addition to exercising the remedies provided for in Paragraph 18(g) below, the Association may enforce such liability by an action at law to recover all amounts assessed against each unit owner in accordance with the provisions of this Article 18. All taxes, assessments and charges that may become liens prior to the first mortgage under local law relate only to the individual condominium units and not to the condominium project as a whole.
(b) Purpose. Assessments shall be levied against the unit owners and the units to defray the common expenses of the Property. The common expenses of the Property shall be all of the expenditures which are made or incurred by or on behalf of the Association in connection with the exercise of its powers and responsibilities, and shall include the following:
(i) Management fee, if any, and expenses of administration of the Property;
(ii) common utility bills and charges for other common services, including but not limited to water, sewerage, water for landscape irrigation which may be purchased from a private vendor rather than the municipality, and street lights;
(iii) premiums for all insurance policies maintained by the Association; (iv) the expenses of performing the maintenance, repair, renovation, restoration and replacement work which is the responsibility of the Association under Article 15 hereof;
(v) such other costs and expenses as may be determined from time to time by the Board of Directors to be common expenses; and
(vi) the creation and maintenance of such reserve funds as are required to be maintained by the Association under Paragraph 18(c) below, and such other reserve funds
10
BC 10L1AE 006
as the Board of Directors shall determine, including but not limited to a reserve for repairs and maintenance.
(c) Budget, Payment Dates. No less than thirty (30) days prior to the commencement of each fiscal year of the Association, the Board of Directors shall adopt a budget for the succeeding fiscal year, which budget (i) shall estimate the amount of common expenses which are anticipated to be incurred during such year, and (il) shall make provision for an adequate reserve fund for maintenance, repair and replacement of those portions of the common elements that must be replaced on a periodic basis. Prior to the commencement of such fiscal year, the Board of Directors shall furnish a copy of such budget to each unit owner, together with a written statement of the amount of such common expenses which shall be assessed against such unit owner for such fiscal year. Unless otherwise determined by the Board of Directors, such assessment shall be due on January 1 of each year. The Board of Directors shall be authorized to prorate the annual assessment into twelve monthly or four quarterly installments. In addition, any fees, charges, and other amounts payable by any unit owner to the Association shall be added to and shall, unless paid at the time the same are incurred or at some other time determined by the Board of Directors, be due and payable as part of the installment of the assessment next coming due.
(d) Special Assessments. If for any reason, including nonpayment of any unit owner's assessments, an annual budget adopted by the Board of Directors for any fiscal year proves inadequate to defray the common expenses for such fiscal year, the Board of Directors may, at any time, levy a special assessment to raise the additional funds necessary to defray such common expenses, which special assessment shall be due and payable at such time and in such installments as the Board of Directors shall determine. Additionally, the Board of Directors shall be authorized to levy special assessments under the circumstances described in Paragraph 22(e) of this Declaration.
(e) Equal Assessment. Except as provided for differently in Paragraph 15(e) of this Declaration, no expenses associated with the maintenance, repair, renovation, restoration, or replacement of any limited common element shall be specially assessed against the unit or units to which such limited common element is assigned.
(f) Special Assessments for Capital Improvements. In addition to the assessments which shall be levied against the unit owners under Paragraphs 18(b) and (d) above, the Board of Directors shall be authorized, upon the affirmative vote the owners of the units to which threefourths (3/4ths) of the undivided interest in the common elements is allocated, to levy a special assessment for the purpose of defraying, in whole or in part, the costs of any capital improvements to be made upon the common elements, or for the costs of making repairs or replacements which are not provided for in then current budget of the Association. Any such special assessments for the capital improvements and repairs shall be payable at such time and in such installments as the Board of Directors shall determine.
11
B0 ÷UDT0E 007
(g) Collection. In addition to all other remedies provided by law, the Association may enforce collection of the assessments for which a unit owner is liable, together with all other amounts as may be owed by such unit owner to the Association, as hereinafter provided.
(1) In the event that any unit owner shall fail to pay any installment of any assessment levied against him within ten (10) days after such installment shall be due and payable and within 5 days after written notice is mailed to the unit owner, the entire unpaid balance of such assessment for the remainder of the fiscal year may, at the option of the Board of Directors, be accelerated and be declared immediately due and payable in full, without notice to such unit owner.
(il) In the event that any unit owner shall fail to pay within five (5) days after the same shall be due, any amounts due and payable to the Association, such unit owner shall be liable for the payment of, and shall pay, in addition to the amounts so due the Association:
(a) A late charge equal to the Ten ($10.00) Dollars or ten (10%) percent of the amount so due, whichever is the greater;
(b) interest on the amount so due, and the aforesaid late charge appertaining thereto, from the date same were due and payable, at the rate of twelve (12%) percent per annum, until paid;
(c) the cost of collection, including court costs, the expenses of sale, any expenses required for the protection and preservation of the unit, and reasonable attorney's fees actually incurred; and
(d) in the event the Association shall seek to foreclose its lien on the unit of such owner, the fair rental value of the unit from the time of the institution of suit until sale of the unit at foreclosure (or until the judgment rendered in such suit is otherwise satisfied).
(iii) The lien for assessments in favor of the Association provided by Section 41 of the Act shall include all sums as may become payable by a unit owner to the Association pursuant to Paragraph 18(g)(i) and (g)(ii) above.
(iv) The rights of a unit owner and all persons entitled to occupy the unit of such owner, to use the common elements shall be suspended for the period of time any amount due and owing to the Association in regard to any unit owned by such owner shall remain unpaid; provided, however, that no such suspension shall deny any unit owner, or the occupants of any unit, access to the unit owned or occupied, nor cause any hazardous or unsanitary condition to exist.
(h) Fee for Statements of Amounts Due. The Association may require the payment of a fee, not to exceed Ten ($10.00) Dollars, as a prerequisite to its issuance of any statement pursuant to Section 41(d) of the Act.
12
B0 / 1:E 00%
(i) Reserves and Working Capital. The Association shall establish an adequate reserve fund for the periodic maintenance, repair or replacement of the common elements, which fund shall be maintained out of regular assessments for common expenses. The Declarant shall establish a working capital fund for the initial months of the operations of the Condominium which shall equal at least two (2) months estimated common area charges for each Unit in the Condominium
19. COMMON PROFITS. Any surplus remaining after the application of the common profits to the payment of the common expenses and to any reserves established in accordance with this Declaration shall be either distributed to, or credited against the next assessments chargeable to the unit owners, as the Board of Directors shall determine.
20. COMPLIANCE WITH CONDOMINIUM INSTRUMENTS. Every unit owner and all of those persons entitled to occupy a unit shall comply with all of the provisions of this Declaration, the Articles of Incorporation, the Bylaws, and all rules and regulations which shall be adopted by the Board of Directors in regard to the Property. In the event of any breach or violation of any such provisions, the Association shall have the right to proceed at law or in equity to compel compliance therewith. In the event any unit owner shall permit or suffer to exist any condition in his unit or in the limited common elements assigned to his unit which is in violation of any of the foregoing provisions, the Association shall have the right to enter upon such unit or limited common element and remove the thing or condition causing such violation, and the unit owner who permitted or caused such violation to exist shall be fully liable to the Association for all costs and expenses it shall incur in connection therewith. All such costs and expenses shall be paid to the Association promptly upon demand. In no event shall the Association or its agents have any liability for so entering upon any portion of the Property and removing such thing or condition. In the event the Association shall employ legal counsel to enforce any of the foregoing, the unit owner permitting or suffering such condition to exist shall
In addition to the foregoing remedies of the Association, the Board of Directors shall have the power to impose and assess fines against any unit owner who permits or suffers any condition to exist in violation of any of the foregoing provisions. All such fines shall be in an amount determined by the Board of Directors; provided, however, that no such fine shall exceed the sum of $25.00 for any one violation, but each day a violation is continued or repeated after the Board of Directors shall give the unit owner responsible for violation a written notice of the same shall be considered a separate violation. No delay, failure or admission on the part of the Association in exercising any right, power or remedy herein provided shall be deemed a waiver of the right to do so thereafter as to the same violation or breach, or as to a violation or breach occurring prior or subsequent thereto, and shall not bar or affect its enforcement. In no event shall the Board of Directors, or any of its agents, be liable to anyone whomsoever on account of any failure to bring any action on account of any violation or breach by any unit owner of any of the foregoing provisions. Nothing contained herein shall prevent any aggrieved unit owner from having any right of action under Georgia law against any other unit owners for failure to
comply with the provisions of this Declaration, the Articles of Incorporation, the By-Laws and all rules and regulations adopted by the Board of Directors in regards to the Property.
21. INSURANCE Insurance (other than title insurance) which shall be obtained by the Association shall be governed by the following provisions:
(a) Types of Insurance. The Association shall obtain and maintain the following insurance policies:
(i) A multi-peril casualty insurance policy covering the entire Property, providing as a minimum for and extended coverage, vandalism and malicious mischief on a replacement cost basis in an amount not less than 100% of the full replacement cost of all structures within the Condominium. The name of the insured under such casualty insurance policy shall be stated as follows: "Woodlands of Athens Condominium Association, Inc. for use and benefit of individual unit owners of The Woodlands of Athens, a Condominium, AthensClarke County, Georgia". The amount of coverage of such casualty insurance shall be readjusted by reappraisal or revaluation of the insured property not less frequently than once every two years. Such casualty insurance policy shall contain the standard mortgagee clause which shall be endorsed to provide that any proceeds shall be paid to the Association for the use and benefit of mortgagees as their interests may appear. Any fixtures, equipment or other property within the units which are to be financed by a first lien mortgage to be purchased by FNMA or FHLMC (regardless of whether or not such property is a part of the common elements) must be covered under such multi-peril casualty insurance policy and must include an "Agreed Among Endorsement" and, if available, an "Inflation Guard Endorsement."
(ii) A comprehensive policy of public liability insurance covering all of the common elements. Such liability insurance policy shall contain a "severability of interest" endorsement which shall preclude the insurer from denying the claim of a unit owner because of the negligent acts of the Association or other unit owners. Such liability insurance policy shall cover the Association, the Board of Directors, the officers of the Association, all agents and employees of the Association, and all unit owners and other persons entitled to occupy any unit or other portion of the Property, shall be for at least $500,000.00 for injury including death to a single person, $1,000,000.00 for injury or injuries, including death, arising out of a single occurrence and $50,000.00 for property damage, with a cross liability endorsement to cover the unit owners as a group and shall include protection for damage to the property of others.
(ili) A policy of fidelity coverage against dishonest acts on the part of the members of the Board of Directors, the manager of the Condominium, and any employees or volunteers of the Association responsible for handling funds belonging to or administered by the Association. Said policy of fidelity coverage insurance shall name the Association as the named insured and shall be written in an amount which shall in no event be less than one and one half times the Association's estimated annual common expenses and reserves.
(iv) Such other insurance policies as the Board of Directors shall deem desirable for the benefit of the Association, its Officers and Directors or the unit owners.
14
ex 2292 100
(b) Minimum Qualifications of Insurance Carriers. Each policy of insurance which the Association is required to maintain under the provisions of Paragraph 21(a) shall be written by a hazard insurance carrier which has a financial rating by Best's Insurance Reports of Class A:VI or better and which is licensed to transact business within the State of Georgia.
(c) Minimum Qualifications of Insurance Policies. All policies of insurance which the Association is required to maintain under the provisions of Paragraph 21(a) shall (a) not allow contributions or assessments to be made against the owner of any unit, or the holder of any mortgage upon any unit, (b) not allow loss payments to be contingent upon any action by the insurance carrier's board of directors, policyholders, or members, (c) not include any limiting clauses (other than insurance conditions) which could prevent any unit owner or the holder of any mortgage upon any unit from collecting insurance proceeds, and (d) contain or have attached a mortgage clause which provides that the insurance carrier shall notify in writing all holders of first lien mortgages on any of the units at least ten (10) days in advance of the effective date of any reduction in, cancellation, or nonrenewal of such policies.
(d) Unit Owner's Policies. The unit owners may carry at their own initiative and expense the following insurance policies:
(1) A building additions, betterments, and alterations endorsement to the master casualty insurance policy described in Paragraph 21(a) hereof for the exclusive benefit of the particular unit owner, such unit owner to be liable for (and the Association to be in no way liable for) the premium for such endorsement; and
(ii) A 'tenant's or condominium owner's policy" covering the contents of his unit, personal injury and property damage liability, burglary and the like.
In no event shall any recovery or payment under the insurance coverage obtained and maintained by the Association be affected or diminished by insurance purchased by individual unit owners or mortgagees, and no unit owner shall be entitled to exercise his right to maintain the additional insurance coverage set forth in this Paragraph 21(d) in such a way as to decrease the amount which the Association may realize under any insurance policy which it may have in force on the Property at any particular time.
(e) Proceeds on Account of Damage to Common Elements. Insurance proceeds which shall be paid on account of damages to or destruction of any portion of the common elements which does not exclusively serve any unit or units shall be held by the Association in a construction fund, which shall be used for the purpose of repairing, reconstruction or rebuilding the portion of such common elements so damaged or destroyed, as provided in Paragraph 22 of this Declaration. If it shall be determined in accordance with the provisions of Paragraph 22(b) of this Declaration not to repair, reconstruct or rebuild the portion of the common elements so damaged or destroyed, then the insurance proceeds paid on account of the occurrence of such damage or destruction to such portion of common elements shall first be used to clean up and landscape the common elements as necessary in view of the fact that such part of the common elements is not to be repaired, reconstructed or rebuilt, and the remaining insurance
proceeds shall be disbursed to the unit owners in proportion to their undivided interest in the common elements, such disbursement to be made payable jointly to the unit owners and their mortgagees. Notwithstanding anything contained in this Declaration, the Articles of Incorporation, the Bylaws, or the Act which may be construed to the contrary, in no event shall any insurance proceeds paid to the Association on account of the occurrence of any fire or other casualty be deemed to be common profits.
(f) Proceeds on Account of Damage to Units and Common Elements Exclusively Serving Units. In the event that any insurance proceeds shall be paid to the Association on account of any damage to or destruction of any unit or units and/or any portion of the common elements exclusively serving such unit or units, the Association shall be deemed to hold such insurance proceeds in a series of separate accounts, one such account for each unit which is so damaged or destroyed, or the common elements exclusively serving which units are so damaged or destroyed. The amount of insurance proceeds which shall be deemed to be held by the Association in each such account shall be determined by multiplying the entire amount of insurance proceeds which shall be received by the Association as consequence of the damage or destruction to such unit or units and/or the common elements exclusively serving such unit or units by a fraction, the numerator of which shall be the total estimated cost of repairing, reconstruction, or rebuilding the unit, and the common elements exclusively serving the unit, on behalf of which such account is credited, and the denominator of which shall be the total estimated cost of repairing, reconstruction, or rebuilding all of the units and common elements as a consequence of the damage to or destruction to which such insurance proceeds were paid. If it shall be determined in accordance with the provisions of Paragraph 22(c) of this Declaration not to repair, reconstruct or rebuild any unit which is so damaged or destroyed, then the amount of insurance proceeds which shall be held by the Association in the account for such unit shall be disbursed to the owner of such unit, such disbursement to be made jointly to the unit owner and his mortgagee. Such disbursement, however, shall be made only after the Board of Directors shall have entered into a financial arrangement satisfactory to the Board of Directors whereby such unit owner shall pay for the cost of cleaning up and landscaping the property on which such unit was located. Notwithstanding anything contained in this Declaration, the Articles of Incorporation or Bylaws of the Association which may be construed to the contrary, in no event shall any amounts as shall be held by the Association for the account of any unit owner pursuant to the provisions of this Paragraph 21(f) be deemed to be common profits.
For purposes of Paragraph 21(e) and Paragraph 21(f), common elements shall be deemed to exclusively serve a particular unit only if they constitute all or a portion of the walls, roofs or a foundation enclosing such unit.
(g) Insurance Trustee. Notwithstanding any of the foregoing provisions and requirements relating to property or liability insurance, there may be named as an insured on behalf of the Association, the Association's authorized representative, including any Trustee with whom such Association may enter into any Insurance Trust Agreement or any successor to such Trustee (each of whom shall be referred to herein as the "Insurance Trustee"), who shall have exclusive authority to negotiate losses under any policy providing such property or liability insurance and perform such other functions as are necessary to accomplish this purpose. Each
16
BOX :405.0E 102
unit owner appoints the Association or any Insurance Trustee or successor Insurance Trustee designated by the Association, as attorney-in-fact for the purpose of purchasing and maintaining such insurance, including: the collection and appropriate disposition of the proceeds thereof, the negotiation of losses and execution of releases of liability; the execution of all documents; and the performance of all other acts necessary to accomplish such purpose.
22. DAMAGE OR DESTRUCTION OF PROPERTY. Repair, reconstruction or rebuilding of the Property, following damage to or destruction of all or any portion of the Property shall be governed by the following provisions:
(a) Estimates of the cost of Repair. As soon as practicable following the occurrence of any damage to or destruction of any portion of the Property, the Board of Directors shall obtain reliable and detailed estimates of the cost of repairing or restoring such portion of the Property so damaged or destroyed to substantially the same condition as such portion of the Property was in prior to the occurrence of such damage or destruction, and shall proceed with the filing and adjustment of all claims arising under insurance maintained by the Association as a result of such damage or destruction.
(b) Determination to Repair, Reconstruct or Rebuild Common Elements. Any damage to or destruction of the common elements will be repaired, reconstructed or rebuilt unless the owners of the units to which seventy-five (75%) percent of the votes in the Association are allocated shall determine, within forty-five (45) days after the occurrence of the casualty, not to repair, reconstruct or rebuild the same.
(c) Determination to Repair, Reconstruct or Rebuild Units. The determination to repair, reconstruct or rebuild any unit which is damaged or destroyed by fire or any other casualty shall be made in the following manner:
(i) Any unit which is damaged, but not rendered untenantable, shall be repaired in all events.
(ii) In the event that any unit is so damaged or destroyed that such unit is thereby rendered untenantable, such unit shall be repaired, reconstructed or rebuilt unless, within forty-five (45) days after the occurrence of such casualty, (a) the owners of the unit which is so rendered untenantable, together with (b) the owners of the units to which sixty-seven (67%) percent of the remaining votes in the Assoaiation (not including the vote of the owner of the unit which has been rendered untenantable by such casualty), and (c) the holders of sixty-seven (67%) percent of the first mortgages on the units within the Condominium (including the holder of any first mortgage on the unit which has been so rendered untenantable) shall all determine not to repair, reconstruct or rebuild such unit so rendered untenantable.
(iii) For purposes of this Paragraph 22(c), a unit shall be deemed to be untenantable only if as a consequence of this occurrence of a fire or other casualty, such unit is not fit for present habitation, and if the estimated costs of making repairs necessary to render
17
BOCH SHE
such fit for present habitation shall exceed one-half (½) of the fair market value of such unit prior to the occurrence of such casualty.
(d) Manner of Repair, Reconstruction or Rebuilding. All repairs, reconstruction, or rebuilding to be made as a result of damage by fire or other casualty shall be made in accordance with the following provisions:
(1) Common Elements. The damage shall be repaired, reconstructed or rebuilt substantially in accordance with the plans and specifications for such damaged property prior to the occurrence of such damage.
(il) Units. If the damage to be repaired, reconstructed or rebuilt is to any unit, such repair, reconstruction or rebuilding shall be substantially in accordance with the plans and specifications for such damaged unit prior to the occurrence of such damage.
(ili) All of the work of repairing, reconstruction or rebuilding any portion of the Property, the damage to or destruction of which caused the payment of insurance benefits under insurance policies maintained by the Association, shall be performed under the supervision of the Board of Directors, which, in discharging such supervisory responsibilities, shall be authorized to employ such building supervisors and architects as the Board of Directors shall deem to be in the best interest of the Association. The fees which shall be payable to any such building supervisor or architect employed by the Board of Directors shall be a common expense of the Association.
(e) Costs of Repair, Reconstruction or Rebuilding.
(i) Common Elements. The cost of repairing, reconstructing or rebuilding any portion of the common elements which shall be damaged or destroyed and which does not exclusively serve any unit or units shall be paid with any insurance proceeds which shall be paid to the Association on account of such damage or destruction. If such insurance proceeds are not sufficient to defray such costs of repair, reconstruction or rebuilding, then the Board of Directors shall levy a special assessment against all of the unit owners and units to raise the excess funds necessary to defray such costs.
(ii) Units and Common Elements Exclusively Serving Units. The cost of repairing, reconstructing or rebuilding each unit which shall be damaged or destroyed, and any portion of the common elements exclusively serving such unit which shall be damaged or destroyed, shall be paid with the insurance proceeds which shall be paid to the Association on account of such damage or destruction and held by the Association in the account for such unit, as provided in Paragraph 21(f) of this Declaration. If the amounts which are held by the Association in the account for such unit are not sufficient to defray such costs of repair, reconstruction or rebuilding, then the Board of Directors shall levy a special assessment against the owner of the unit on behalf of which such account was created to raise the excess funds necessary to defray such costs.
18
BO DRE O1
For the purposes of this Paragraph 22(e), common elements shall be deemed to exclusively serve a particular unit only if they constitute all or a portion of the walls, roofs or a foundation enclosing such unit.
23. RULES AND REGULATIONS. The Board of Directors shall have the power and authority to adopt, make and amend reasonable rules and regulations in regard to the use of the units, limited common elements, and common elements. Copies of all such rules and regulations, and all amendments thereto, shall be furnished to all of the unit owners, upon request.
24. EASEMENTS. The following easements shall be applicable to the Property:
(a) Encroachments. To the extent that any unit or common element encroaches on any other unit or any part of the common elements, whether by reason of a deviation from the survey or the plans in the construction, repair, renovation, restoration or rebuilding of any improvement, or by reason of any overhang or the settling or shifting of any land or improvement, a valid easement for said encroachment and for the maintenance of same, so long as it stands, shall exist.
(b) Utility and Other Easements. The Association and the Board of Directors shall have the irrevocable power as attorney-in-fact on behalf of all unit owners and their successorsin-title to accept easements benefiting the Condominium or any portion thereof and to grant easements benefiting the Property, or any portion thereof, whether or not a part of the Condominium upon, across, over and under all of the Property for ingress, egress, installation, replacing, and maintaining all utilities including, but not limited to, water, sewer, power, telephone, gas, electricity, cable television and a master television antenna system. Such easements may grant to appropriate utility companies the right to erect and maintain the necessary poles and the necessary equipment on the Property and to affix and maintain utility wires, pipes, circuits and conduits on, above, across and under the common elements, the units or the roofs and exterior walls of the improvements comprising part of any unit.
Declarant grants to each unit owner a non-exclusive perpetual easement for the purpose of ingress and egress to and from his unit over any driveways and entrances as shown in Condominium Plat Book 2, pages 66-71, Athens-Clarke County, Georgia Records.
(c) Access to Units and Common Elements. Each unit owner shall afford to the other unit owners and to the Association, and to any directors, officers, agents or employees of either, such access through his unit and any limited common elements appurtenant thereto as may be reasonably necessary to enable them to exercise and discharge their respective powers and responsibilities in an emergency situation. To the extent that damage is inflicted on the common elements, including without limitation any limited common elements, or any unit through which access is taken, the Association or the unit owner occasioning such damage, whether by itself or through agents, employees or others, shall be liable for prompt repair thereof. There is
hereby (i) reserved in the Declarant, (ii) granted to all policemen, firemen, ambulance personnel an all similar emergency personnel, an easement to enter upon the property or any part thereof in an emergency situation in the proper performance of their respective duties. During the period that Declarant owns any unit or owns any interest in the Property or any portion thereof, the Declarant shall have a transferable easement on, over, through, under and across the common elements for the purpose of making improvements contemplated by the condominium instruments on the Property, or any portion thereot, for the purpose of installing, replacing, repairing and maintaining all utilities serving the Property or any portion thereof, and for the purpose of doing all things reasonably necessary and proper in connection therewith. There is further reserved in the Declarant, and its successor-in-title a perpetual easement for the benefit of the Property for ingress and egress over and across any road or drive which may now or hereafter be located on the Property.
25. CONTRACTS WITH DECLARANT. The term of any agreement as may be entered into between the Association and the Declarant which provides for professional management of the Condominium, or pursuant to which the Declarant is to provide any the services to the Condominium, shall in no event exceed one (1) year. In addition, any such agreement shall be terminable by either party thereto without cause and without payment of a termination fee on no more than ninety (90) days written notice.
26. SEVERABILITY The invalidity or unenforceability of any covenant, restriction or other provision of this Declaration shall not affect the validity or enforceability of any other covenant, restriction or provision of this Declaration.
27. CAPTIONS. The captions of all sections of this Declaration are inserted for convenience only and are not intended to define, limit, restrict, extend or modify any of the provisions of the sections to which such captions relate.
28. MORTGAGEE'S RIGHTS. Notwithstanding any of the provisions of this Declaration or the Articles of Incorporation or Bylaws of the Association, the following provisions are hereby adopted for the protection of the mortgagees of units within the condominium project, and to the extent they conflict with any of the provisions in the Declaration, the Articles of Incorporation or By-Laws of the Association, the following shall control:
(a) The Association shall not take the following actions without the prior written approval of unit owners to which 80% of the votes in the Association appertain and all mortgagees of such units:
(i) Seek to abandon or terminate the condominium project by act or omission.
(ii) Use hazard insurance proceeds for losses to any condominium property (whether to units or to common elements) for other than the repair, replacement or reconstruction in the event of substantial loss to the units and/or common elements (in the event
20
60:110 106
the determination is made to so repair, reconstruct or rebuild in accordance with Paragraph 22(b) and (c)).
(b) Any first mortgagee who obtains title to a unit pursuant to the remedies provided in the mortgage, by taking deed in lieu of foreclosure, or foreclosure of the mortgage on a unit shall not be liable for the unpaid dues or charges attributable to such unit which have accrued prior to the acquisition of title to such unit by the first mortgagee. However, such mortgagee shall be responsible for unpaid dues or charges accruing after such acquisition.
(c) Nothing in this Declaration, nor any provision of the Articles of Incorporation or Bylaws of the Association shall entitle a unit owner, Declarant, or any the party, to priority over any rights of the first mortgagees of units with regard to a distribution to unit owners of insurance proceeds or condemnation awards for losses to or the taking of units or common elements.
(d) The Association shall give written notice to any first mortgagees of individual units of any loss to, or taking of the common elements if such loss or taking exceeds $10,000.00 or damage to a unit encumbered by such mortgagee exceeds $1,000.00.
(e) Any first mortgagee of individual units shall have the right to examine the books and records of the Association upon reasonable notice and during business hours.
(f) Any holder of a mortgage upon any unit, upon its request, shall be entitled to a written notice from the Board of Directors of any default in the performance by the owner of the unit upon which such mortgagee holds such first lien mortgage of any obligation under this Declaration, the Bylaws or the condominium instruments which is not cured within sixty (60)
(g) A holder, insurer or guarantor of a first lien mortgage, upon written request to the Association (such request to state the name and address of such holder, insurer or guarantor and the unit number) will be entitled to timely written notice of:
change in: (i) Any proposed Amendment of the Condominium instruments affecting a appertaining thereto; [A.] the boundaries of any unit or the exclusive easement rights
[B.] the interest in the general or limited common elements appertaining to any unit or the liability for common expenses appertaining thereto; or [C.] the number of votes in the Association appertaining to any unit; restricted; [D.] the purpose to which any unit or the common elements are
(ii) Any condemnation loss or casualty loss which affects a material portion of the Condominium or which affects any unit on which there is a first lien mortgage held, insured or guaranteed by such eligible holder;
(iii) Any lapse, cancellation or material modification of any insurance policy maintained by the Association pursuant to Paragraph 21.
(h) Any restoration or repair of the Property after a partial condemnation or damage due to an insurable hazard shall be substantially in accordance with the Declaration and the original plans and specifications unless the approval of the eligible holders of first lien mortgages on units to which at least two-thirds (2/3) of the votes of units subject to mortgages held by such holder or holders are allocated, is obtained.
(i) No relocation of interests in the common elements resulting from a partial condemnation or partial destruction of the Property may be effective without the approval of the eligible holders of first lien mortgages on units to which at least two-thirds (2/3) of the votes of units subject to mortgages held by such first lien holders are allocated.
29. FINANCIAL BOOKS AND RECORDS.
(a) The Association shall make available to unit owners, holders of any first lien mortgage on any unit and other lenders secured by any Unit, current copies of the Declaration, By-Laws and other rules governing the Condominium and any other books, records and financial statements of the Association.
(b) The Association shall make available to prospective purchasers current copies of the Declaration, By-Laws, other rules governing the Condominium and the most recent annual audited financial statement, if such is prepared.
(c) Upon written request from any agency, entity, corporation or individual which has an interest or prospective interest in the Condominium, the Association shall prepare and furnish within a reasonable period of time an audited financial statement of the Association for the immediately preceding fiscal year.
30. FIDELITY BONDS. The Association shall maintain appropriate fidelity bonds for all officers, directors and employees of the Association and any other persons handling or responsible for funds or funds administered by the Association. Such fidelity bonds shall name the Association as obligee and shall not be less than the estimated maximum of funds, including reserve funds, held by the Association, at any given time during the term of each bond. However, in no event may the aggregate amount of any such bonds be less than a sum equal to three months aggregate assessments on all units plus reserve funds. All such bonds shall contain waivers by the issuers of the bonds of all defenses based upon the exclusion of persons serving without compensation from the definition of 'employees" or similar terms or expressions. The premiums on all bonds required herein, except those maintained by any management agent, shall be paid by the Association as a common expense. The bonds shall provide that they may not be canceled or substantially modified (including cancellation for non-payment of premium) without at least ten (10) days' prior written notice to the Association, any Insurance Trustee and the FNMA Servicer of any FNMA mortgages on units.
22
век 24 bR0 108
The Association shall represent the unit owners in the condemnation proceedings or in negotiations, settlements and agreements with the condemning authority for the acquisition of the common elements, or part thereof, by the condemning authority. Unit owners hereby appoint the Association as attorney-in-fact for such purposes. In the event of a taking or condemnation of part or all of the common elements by a condemning authority, the award or proceeds of settlement shall be payable to the Association, to be held in trust for unit owners and their first mortgage holders as their interests may appear. The repair, reconstruction or rebuilding or the Property as a result of total or partial loss or destruction due to condemnation shall be governed by the provisions of paragraph 22.
32. AMENDMENT. Any amendment to the Declaration shall be as provided in O.C.G.A. § 44-3-93 of the Act.
IN WITNESS WHEREOF, the duly authorized members of Declarant have set their hands and affixed their seals this 24+ day of July, 2003.
WOODLANDS OF ATHENS, L.L.C.
By: (sea!)
DAVIDR. MULKEY, Member
By: _(seal)
THOMAS W. SCOTT, HI, Member
Signed.
2002, in the presence of.
Witness
Notary Public
SAEL A MORES
NOTARY
- X-
PUBLIC
PLAY 29. • 2095
AS HERE CONCE
LEGAL DESCRIPTION OF PHASE ONE PROPERTY
All that tract or parcel of land lying in G.M.D. 1899 of Athens/Clarke County, Georgia being more particularly described as follows:
Beginning at a Point at the centerline intersection of Carriage Lane and Carriage Circle, go N 89 degrees 40 minutes 37 seconds E 220.72 feet to a computed point on the north east r/w of Carriage Lane and the centerline of Carr's Creek and the True Point of Beginning; thence N 84 degrees 01 minutes 56 seconds W a distance of 84.02 feet along r/w of Carriage Lane; thence N 84 degrees 01 minutes 00 seconds W a distance of 96.42 feet along r/w of Carriage Lane; thence N 82 degrees 51 minutes 52 seconds W a distance of 39.01 feet along r/w of Carriage Lane; thence N 85 degrees 24 minutes 28 seconds W a distance of 66.23 feet along r/w of Carriage Lane; thence N 87 degrees 26 minutes 26 seconds W a distance of 89.35 feet along r/w of Carriage Lane; thence N 88 degrees 31 minutes 18 seconds W a distance of 12.05 feet along r/w of Carriage Lane; thence N 87 degrees 33 minutes 22 seconds W a distance of 95.15 feet along r/w of Carriage Lane; thence N 87 degrees 39 minutes 16 seconds Wa distance of 104.68 feet along r/w of Carriage Lane; thence N 87 degrees 36 minutes 05 seconds W a distance of 63.66 feet along r/w of Carriage Lane; thence N 87 degrees 43 minutes 41 seconds W a distance of 36.84 feet along r/w of Carriage Lane; thence N 88 degrees 02 minutes 52 seconds W a distance of 139.18 feet along r/w of Carriage Lane; thence along r/w of Carriage Lane curving counterclockwise having a radius of 50.00 feet 15.43 feet along said curve having a chord direction of N 77 degrees 19 minutes 20 seconds W and a chord length of 15.36 feet; thence N 03 degrees 41 minutes 14 seconds E a distance of 24.87 feet to a iỊi rebar found; thence S 87 degrees 57 minutes 01 seconds W a distance of 248.60 feet to a ½seconds rod found at 24" oak tree; thence N 17 degrees 10 minutes 36 seconds W a distance of 486.23 feet to a computed point;thence N 66 degrees 22 minutes 13 seconds E a distance of 115.36 feet to a computed point; thence N 62 degrees 49 minutes 12 seconds E a distance of 90.74 feet to a computed point; thence N 56 degrees 48 minutes 45 seconds E a distance of 167.51 feet to a computed point; thence N 41 degrees 12 minutes 29 seconds W a distance of 43.63 feet to a computed point; thence N 37 degrees 50 minutes 55 seconds W a distance of 81.27 feet to a computed point; thence N 34 degrees 10 minutes 26 seconds W a distance of 70.93 feet to a computed point; thence N 30 degrees 12 minutes 33 seconds W a distance of 77.12 feet to a computed point; thence N 27 degrees 40 minutes 55 seconds W a distance of 78.99 feet to a computed point; thence N 28 degrees 31 minutes 41seconds W a distance of 87.99 feet to a computed point; thence N 36 degrees 54 minutes 36 seconds W a distance of 54.01 feet to a 5/8" rebar found; thence N 16 degrees 39 minutes 48 seconds W a distance of 284.67 feet to a 5/8ồẠồirebar found; thence S 84 degrees 41 minutes 30 seconds E
a distance of 399.82 teet to a computed point; thence S 27 degrees 07 minutes 43 seconds E a distance of 75.02 feet to a computed point; thence S 66 degrees 45 minutes 18 seconds W a distance of 78.57 feet to a computed point; thence S 64 degrees 38 minutes 11 seconds W a distance of 104.26 feet to a computed point; thence S 60 degrees 54 minutes 15 seconds W a distance of 140.18 feet to a computed point; thence S 56 degrees 53 minutes 48 seconds W a distance of 31.80 feet to a computed point; thence S 26 degrees 18 minutes 26 seconds E a distance of 48.68 feet to a computed point; thence S 54 degrees 23 minute s40 seconds E a distance of 17.21 feet to a computed point; thence S 27 degrees 40 minutes 30 seconds E a distance of 74.31 feet to a computed point; thence S 28 degrees 56 minutes 14 seconds E a distance of 82.95 feet to a computed point; thence S 32 degrees 59 minutes 30 seconds E a distance of 146.19 feet to a computed point; thence S 39 degrees 53 minutes 12 seconds E a distance of 118.45 feet to a computed point; thence N 61 degrees 18 minutes 28 seconds E a distance of 107.89 feet to a computed point; thence N 65 degrees 45 minutes 40 seconds E a distance of 82.06 feet to a computed point; thence N 66 degrees 32 minutes 58 seconds E a distance of 146.30 feet to a computed point; thence N 57 degrees 51 minutes 21 seconds E a distance of 149.20 feet to a computed point; thence N 01 degrees 22 minutes 55 seconds W a distance of 165.75 feet to a computed point; thence N 14 degrees 58 minutes 29 seconds E a distance of 329.49 feet to a computed point; thence N 79 degrees 03 minutes 05 seconds E a distance of 430.55 feet to a iỊrebar set; thence S 18 degrees 07 minutes 32 seconds E a distance of 91.03 feet to a ½" pipe found; thence S 80 degrees 34 minutes 52 seconds W a distance of 311.43 feet to centerline of Carr's Creek; thence S 13 degrees 41 minutes 05aseconds E a distance of 34.21 feet along centerline of Carr's Creek; thence S 46 degrees 01 minutes 45 seconds E a distance of 33.35 feet along centerline of Carr's Creek; thence S 20 degrees 43 minutes 10 seconds E a distance of 55.37 feet along centerline of Carr's Creek; thence S 11 degrees 40 minutes 12 seconds W a distance of 44.58 feet along centerline of Carr's Creek; thence S 34 degrees 55 minutes 25 seconds E a distance of 48.72 feet along centerline of Carr's Creek; thence S 19 degrees 57 minutes 26 seconds W a distance of 39.81 feet along centerline of Carr's Creek; thence S 03 degrees 22 minutes 41 seconds E a distance of 84.16 feet along centerline of Carr's Creek; thence S 00 degrees 13 minutes 44 seconds W a distance of 109.36 feet along centerline of Carr's Creek; thence S 18 degrees 25 minutes 21 seconds W a distance of 52.80 feet along centerline of Carr's Creek; thence S 09 degrees 36 minutes 58 seconds W a distance of 17.70 feet along centerline of Carr's Creek; thence S 14 degrees 34 minutes 25 seconds E a distance of 23.38 feet along centerline of Carr's Creek; thence S 10 degrees 36 minutes 31 seconds E a distance of 33.38 feet along centerline of Carr's Creek; thence S 05 degrees 59 minutes 12 seconds W a distance of 30.57 feet along centerline of Carr's Creek; thence S 09 degrees 18 minutes 38 seconds W a distance of 45.97 feet along centerline of Carr's Creek; thence S 09 degrees 26 minutes 19 seconds W a distance of 33.57 feet along centerline of Carr's Creek; thence S 08 degrees 20 minutes 10 seconds W
a distance of 64.01 feet along centerline of Carr's Creek; thence S 02 degrees 46 minutes 50 seconds E a distance of 44.11 feet along centerline of Carr's Creek; thence S 52 degrees 47 minutes 56 seconds E a distance of 55.47 feet along centerline of Carr's Creek; thence S 27 degrees 00 minutes 23 seconds E a distance of 67.60 feet along centerline of Carr's Creek; thence S 33 degrees 29 minutes 21 seconds W a distance of 37.62 feet along centerline of Carr's Creek; thence S 15 degrees 01 minutes 43 seconds W a distance of 37.12 feet along centerline of Carr's Creek; thence S 11 degrees 50minutes21seconds W a distance of 130.53 feet along centerline of Carr's Creek; thence S 00 degrees 32 minutes 01 seconds W a distance of 60.11feet along centerline of Carr's Creek; thence S 03 degrees 12 minutes 20 seconds E a distance of 163.50 feet along centerline of Carr's Creek; thence S 66 degrees 10 minutes 30 seconds E a distance of 9.48 feet along centerline of Carr's Creek; thence S 50 degrees 41 minutes 33 seconds E a distance of 50.14 feet along centerline of Carr's Creek; thence S 82 degrees 31 minutes 04 seconds E a distance of 27.46 feet along centerline of Carr's Creek; thence S 66 degrees 57 minutes 15 seconds E a distance of 56.74 feet along centerline of Carr's Creek; thence S 47 degrees 24 minutes 32 seconds E a distance of 32.37 feet along centerline of Carr's Creek; thence S 20 degrees 10 minutes 38 seconds E a distance of 24.31 feet along centerline of Carr's Creek and north east right of way of Carriage Lane and the True Point of Beginning; Said tract containing 22.995 Acres more or less.
Less and Except Expansion Area 2, Expansion Area 3 and Expansion Area 4 as particularly delineated in Exhibit B hereto. For a total area of 18.295 Acres more or less.
ALSO conveyed are the nonexclusive easement rights contained in a
Declaration of Easements, dated September 19, 2002 from Stones Creek Condominium Association, Inc. and Stones Creek Condominiums, L.L.C. to Barnett Shoals Partners, L.L..C., said Declaration being recorded at Deed Book
SPECIFICALLY RESERVED HEREIN by Declarant is a nonexclusive easement for ingress, egress and utilities over, across, through and under all drives and parking areas in Woodlands of Athens, a condominium for the purpose of providing ingress, egress and utilities to the properties identified as the Phase 2 Property (Expandable Area) as shown in Exhibit B of this Declaration.
BON 040 10E 112
EXHIBIT B
LEGAL DESCRIPTION OF EXPANDABLE PROPERTY (PHASE TWO)
Expansion Area 1
All that tract or parcel of land lying in G.M.D. 1899 of Athens/Clarke County, Georgia being more particularly described as follows:
Beginning at a point at the centerline intersection of Carriage Lane and Carriage Circle go N 13 degrees 00'47" W 978.11 feet to a Computed point and the True Point of Beginning; thence S 57 degrees 51'21" W a distance of 149.20 feet to a Computed point; thence S 66 degrees 32'58iại W a distance of 146.30 feet to a Computed point; thence S 65 degrees 45'40ồiW a distance of 82.06 feet to a Computed point; thence S 61 degrees 18'28" W a distance of 107.89 feet to a Computed point; thence N 39 degrees 53'12" W a distance of 118.45 feet to a Computed point; thence N 32 degrees 59'30" W a distance of 146.19 feet to a Computed point; thence N 28 degrees 56'14" W a distance of 82.95 feet to a Computed point; thence N 27 degrees 40'30" W a distance of 74.31 feet to a Computed point; thence N 54 degrees 23'40" W a distance of 17.21 feet to a Computed point; thence N 26 degrees 18'26" W a distance of 48.68 feet to a Computed point; thence N 56 degrees 53'48" E a distance of 31.80 feet to a Computed point; thence N 60 degrees 54'15iồi E a distance of 140.18 feet to a Computed point; thence N 64 degrees 38'11" E a distance of 104.26 feet to a Computed point; thence N 66 degrees 45'18" E a distance of 78.57 feet to a ½" rebar found; thence N 27 degrees 07'43i W a distance of 75.02 feet to a
Computed point; thence S 84 degrees 41'30" E a distance of 78.28 feet to a Computed point; thence N 79 degrees 03'05" E a distance of 425.42 feet to a Computed point; thence S 14 degrees 58'29iạồW a distance of 329.49 feet to a Computed point; thence S 01 degrees 22'55ồE a distance of 165.75 feet to a Computed point, and the True Point of Beginning; said tract containing 7.363 Acres more or less.
Expansion Area 2
All that tract or parcel of land lying in G.M.D. 1899 of Athens/Clarke County, Georgia being more particularly described as follows:
Beginning at a point at the centerline intersection of Carriage Lane and Carriage Circle go N 05 degreesD38'38" W 561.49' to a computed point and the True Point of Beginning; thence S 20 degrees 00'52" W a distance of 85.26 feet to a Computed point; thence S 65 degrees 31'12" W a distance of 142.42 feet to a Computed point; thence S 62 degrees 47'46" W a distance of 114.38 feet to a Computed point; thence N 29 degrees 02'03ạồW a distance of 33.75 feet to a Computed point; thence N 31 degrees 59'55" W a distance of 67.40 feet to a Computed point; thence N 39 degrees 29'11" W a distance of 48.11 feet to a Computed point; thence N 44 degrees 37'02iW a distance of 61.51 feet to a
B034: 113
Computed point; thence N 48 degrees 52'17iW a distance of 57.23 feet to a Computed point; thence N 05 degrees 01'02iồiW a distance of 9.38 feet to a Computed point; thence N 47 degrees 54'56" W a distance of 127.09 feet to a Computed point; thence N 47 degrees 38'50iồW a distance of 52.39 feet to a Computed point; thence N 61 degrees 44'35ồE a distance of 88.02 feet to a Computed point; thence N 65 degrees 47'15ồE a distance of 147.80 feet to a Computed point; thence N 66 degrees 07'59" E a distance of 98.23 feet to a Computed point; thence N 59 degrees 45'01" E a distance of 43.56 feet to a Computed point; thence S 36 degrees 00'45" E a distance of 380.29 feet to a Computed point, and the True Point of Beginning; said tract containing 3.325
Expansion Area 3
All that tract or parcel of land lying in G.M.D. 1899 of Athens/Clarke County, Georgia being more particularly described as follows:
Beginning at a point at the centerline intersection of Carriage Lane and Carriage Circle go N 44 degrees 24'09ồạồiW 492.03 feet to a computed point and the True Point of Beginning; thence S 63 degrees 22'50" W a distance of 118.21feet to a Computed point; thence N 38 degrees 13'47" W a distance of 67.14 feet to a Computed point; thence N 56 degrees 38'14ồi E a distance of 59.31 feet to a Computed point; thence N 38 degrees 58'46" W a distance of 54.20 feet to a Computed point; thence N 45 degrees 28'55" W a distance of 50.07 feet to a Computed point; thence N 47 degrees 54'04iồiW a distance of 62.36 feet to a Computed point; thence N 41 degrees 47'10" E a distance of 67.89 feet to a Computed point; thence S 47 degrees 45'24" E a distance of 89.93 feet to a Computed point; thence S 41 degrees 29'47" E a distance of 75.37 feet to a Computed point; thence S 31 degrees 24'31ồiE a distance of 99.78 feet o a Computed point, and the True Point of Beginning; said tract containing 0.479 Acres more or less.
Expansion Area 4
All that tract or parcel of land lying in G.M.D. 1899 of Athens/Clarke County, Georgia being more particularly described as follows:
Beginning at a point at the centerline intersection of Carriage Lane and Carriage Circle go N 51 degrees 50'35ồạiW 831.03 feet to a computed point and the True Point of Beginning; thence S 62 degrees 27'25" W a distance of 196.41 feet to a Computed point; thence N 22 degrees 48'35" W a distance of 12.88 feet to a Computed point; thence S 65 degrees 05'24ồi W a distance of 95.86 feet to a Computed point; thence N 24 degrees 10'49" W a distance of 69.45 feet to a Computed point; thence N 17 degrees 23'51" W a distance of 45.22 feet to a Computed point; thence N 29 degrees 05'14" E a distance of 18.07 feet to a
Computed point; thence N 67 degrees 03'29" E a distance of 64.16 feet to a Computed point; thence N 65 degrees 08'16" E a distance of 47.29 feet to a Computed point; thence N 61 degrees 12'24ồi E a distance of 49.08 feet to a Computed point; thence N 56 degrees 59'30ồỊồiE a distance of 97.61 feet to a Computed point; thence S 48 degrees 24'37" E a distance of 67.21 feet to a Computed point; thence S 15 degrees 27'39ồE a distance of 83.07 feet to a Acres more or less. Computed point and the True Point of Beginning; said tract containing 0.896 Expansion Area 5
All that tract or parcel of land lying in G.M.D. 1899 of Athens/Clarke County, Georgia being more particularly described as follows:
Beginning at a point at the centerline intersection of Carriage Lane and Carriage Circle go N 43 degrees 40'58" W 988.59' to a computed point and the True Point of Beginning; thence S 56 degrees 48'45" W a distance of 167.51 feet to a Computed point; thence S 62 degrees 49'12" W a distance of 90.74 feet to a Computed point; thence S 66 degrees 22'13iạồiW a distance of 115.36 feet to a Computed point; thence N 17 degrees 10'36" W a distance of 481.58 feet to 2" pipe found; thence N 56 degrees 36'57" E a distance of 240.00 feet to a 5/8" rebar found; thence S 36 degrees 54'36ồạồiE a distance of 54.01 feet to a Computed point; thence S 28 degrees 31'41" E a distance of 87.99 feet to a Computed point; thence S 27 degrees 40'55" E a distance of 78.99 feet to a Computed point; thence S 30 degrees 12'33" E a distance of 77.12 feet to a Computed point; thence S 34 degrees 10'26" E a distance of 70.93 feet to a Computed point; thence S 37 degrees 50'55" E a distance of 81.27 feet to a Computed point; thence S 41 degrees 12'29" E a distance of 43.63 feet to a Acres more or less. Computed point and the True Point of Beginning; said tract containing 3.361 Expansion Area 6
All that tract or parcel of land lying in G.M.D. 1899 of Athens/Clarke County, Georgia being more particularly described as follows:
Beginning at a point at the centerline intersection of Carriage Lane and Carriage Circle go N 13 degrees 00'47" W 978.11' to a computed point and the True Point of Beginning; thence along r/w of Carriage Lane curving counterclockwise having a radius of 50.00 feet 130.78 feet along said curve having a chord direction of S 18 degrees 54'33" W and a chord length of 96.56 feet; thence S 34 degrees 11'01" W a distance of 41.20 feet to a Computed point; thence S 87 degrees 57'00ồiW a distance of 124.87 feet to a Computed point; thence S 87 degrees 57'00" W a distance of 56.69 feet to a Computed point; thence S 08 degrees 13'04" W a distance of 352.47 feet to a Computed point; thence S 08 degrees 13'04" W a distance of 86.57 feet to a the centerline of the Oconee
THE 110
River; thence S 89 degrees 35'34" W a distance of 132.83 feet along centerline of the Oconee River; thence S 80 degrees 46'46" W a distance of 187.76 feet along centerline of the Oconee River; thence N 07 degrees 00'45" W a distance of 51.17 feet to a ½ rebar found; thence N 07 degrees 00'45" W a distance of 361.16 to a ½" rebar set; thence N 64 degrees 05'26" E a distance of 467.26 feet to a 2" rod found at 24" oak tree; thence N 87 degrees 57'01" E a distance of 248.60 feet to a ½" rebar found; thence S 03 degrees 41'14" W a distance of 24.87 feet to a computed point on the r/w of Carriage Lane; and the True Point of Beginning; said traat containing 5.014 Acres more or less.
Neely Property
All that tract or parcel of land lying and being in Athens-Clarke County, Georgia, fronting on Bailey Street, containing sixty eight (68) acres, more or less, bounded on the North by property now or formerly on Frank Betts, on the East by Bailey Street and lands now or formerly of Seagraves, South by the Oconee River, and West by lands owned now or formerly by Hardin;
Beginning at rock on road known as Bailey Street at the corner of lands now or formerly of Frank Betts, and running thence along Betts line South 85 degrees West 792 feet; thence due South 2570 feet to poplar on the bank of the Oconee River; thence along river North 79 degrees East 980 feet to a maple; thence North 8 degrees West 346 feet to an iron pin; thence North 64 degrees East 473 feet to water oak; thence North 18 ½ degrees West 972 feet to stake on Bailey point. Street; thence along said street in a northwesterly direction to the beginning This being the same property described in a warranty deed from Charlie Garfield Neely, Jr. to Writta Lee Neely, dated March 10, 1948, recorded at Deed Book 108, page 575, Athens-Clarke County, Georgia Records.
John Neely Property
All that tract or parcel of land situate, lying and being in the 1899"h G.M.D., Athens-Clarke County, Georgia containing 2.002 acres, more or less, as shown on a plat entitled "Survey for John B. Neely", dated May 14, 1973, by Ben McLeroy and Associates, said plat being recorded at Plat Book 14, page 232, Athens-Clarke County, Georgia Records, and being more particularly described as follows: Begin at an iron pin on the western side of Bailey Street, said iron pin being at the intersection of the western side of Bailey Street with the southern side of the forty foot right of way of road leading to the Athens-Clarke County sewage treatment plant; run thence along the western side of Bailey Street South 18 degrees 32 minutes East 390.1 feet to an iron pin; thence leaving Bailey Street run South 51 degrees 30 minutes West 237.9 feet to an iron pin; run thence
BOC:
North 18 degrees 32 minutes West 390.1 feet to an iron pin situated on the southern right of way of road leading the sewage treatment plant; and running thence along said right of way North 51 degrees 30 minutes East 237.90 feet to the beginning iron pin. Timothy Christopher Property
All those tracts or parcels of land situate, lying and being in the 220ạiG.M.D., Athens-Clarke County, Georgia described in a warranty deed from Irene Tate Christopher to Timothy L. Christopher, dated December 30, 1993, recorded at Deed Book 1381, page 79, Athens-Clarke County, Georgia Records and being more particularly described as follows:
Tract One: 436 Bailey Street
Begin at an iron pin on the east side of Bailey Street which marks the southwest corner of tract belonging to Harold L. Christopher of 438 Bailey Street. Proceed 238 feet in a generally northeast direction to iron pin; thence turn left and proceed in a northwesterly direction for 177 feet; thence left in a southwesterly direction for 238 feet; thence left in a southeasterly direction for 184 feet, along east side of Bailey Street to the point of beginning.
Tract Two:
Begin at iron pin on east side of Bailey Street, said pin marking the northwest corner of property belonging to Harold L. Christopher, and recently purchased from Paul L. Johnson. From this point run in a northeasterly direction a distance of 238.70 feet to an iron pin; thence in a northerly direction for 180 feet to an iron pin; thence in a westerly direction for 238.70 feet to an iron pin; thence in a southerly direction for 184 feet to point of beginning.
Harold Christopher Property
All that tract or parcel of land situate, lying and being in the 220" G.M.D., AthensClarke County, Georgia described in a warranty deed from Paul L.. Johnson to Harold L. Christopher, dated July 30, 1979 recorded at Deed Book 413, page described as follows: 907, Athens-Clarke County, Georgia Records and being more particularly Begin at an iron pin on the East side of Bailey Street, said pin marking the northeast corner of property belonging to Harold L. Christopher and recently purchased from Paul L. Johnson. From this pin run in a northeasterly direction a distance of 238.70 feet to an iron pin; thence in a northerly direction for 180 feet to an iron pin; thence in a westerly direction for 238.70 feet to an iron pin; thence in a southerly direction for 184 feet to the point of beginning.
Bosn
STATE OF GEORGIA
COUNTY OF CLARKE
CONSENT
THIS CONSENT is executed on the 24 day of July, 2003 by ATHENS FIRST BANK & TRUST COMPANY (hereinafter "Lender") in favor of BARNETT SHOALS PARTNERS, L.L.C. ("Barnett Shoals")
WHEREAS, Lender is the owner and holder of a certain deeds to secure debt executed by Barnett Shoals and being recorded in the Office of the Clerk of the Superior Court of Athens-Clarke County, Georgia (hereinafter colleclively the "Security Instrument"'); and
WHEREAS, Barnett Shoals is desirous of submitting all, or a portion, of the secured property to the condominium form of ownership to be known as the Woodlands of Athens, with the Declaration of Condominium of Woodlands of Athens, a condominium (the "Declaration") to be recorded in the Office of the Clerk of the Superior Court of Athens-Clarke County, Georgia; and
WHEREAS, Lender has consented to the submission of the property to the condominium instrument to evidence its consent. form of ownership by execution and recordation of the Declaration and has agreed to execute this
THEREFORE, for and in consideration of one dollar and other good and valuable consideration, Lender hereby consents to the execution and recording of the Declaration and subordinates the lien of the Security Instrument thereto. Except as modified above, the above described Security Instrument shall remain in full force and effect the sole purpose of the execution of this document being to consent to the execution and recording of the Declaration described herein. hands and affixed the bank seal on the date and year first written above. IN WITNESS WHEREOF, the duly authorized officials of Lender have hereunto set their
ATHENS FIRST BANK & TRUST COMPANY By: Inclaike-
Attest:
AUP
Signed, sealed and delivered (Bank Seal)*
in the presence of:
Chabeth C. M Jea
WITNESS iA. JENNIFER M
NOTARY
NOTARY PUBLIC A PUBLIC
CLARKE COUNTL -59, 24, 205.
STATE OF GEORGIA
COUNTY OF CLARKE
RE: Buildings A,B,C,D and G
Woodlands of Athens, a condominium
Athens-Clarke County, Georgia
CERTIFICATION
COMES NOW, the undersigned who certifies that I have visited the site of Buildings A,B,C,D and G of Woodlands of Athens, a condominium, in Athens-Clarke best of my knowledge, information and belief: County, Georgia containing a total of 114 units and have viewed the property and to the and (a) The exterior walls and roof of each structure are in place as shown on the plans; constitute the horizontal boundaries and the vertical boundaries of each unit have been (b) Such walls, partitions, floors, and ceilings to the extent shown on said plans, as sufficiently constructed so as to establish clearly the physical boundaries of such unit. of July, 2003. THIS Certificate was executed at Athens-Clarke County, Georgia on the 24th day
Davil Whathewy
ARE REGEDRON MATHENY DAVID W. *
Deed Doc: CHDO
Recorded 04/09/2004 01:05PM
(Jerk: Superior Court, ATHENS-CLARKE COUNTY EL 02631 PE 0505-009
This Document was prepared by and should be returned to: Michael A. Morris, Esq.
Blasingame, Burch, Garrard, Bryant & Ashley, P.C. Past Office Box 832
(706) 354-4000 Athens, Georgia 30603
FIRST AMENDMENT TO
DECLARATION OF CONDOMINIUM
OF
THE WOODLANDS OF ATHENS,
a condominium development
in Athens-Clarke County, Georgia
THIS First Amendment to Declaration of Condominium of The Woodlands of Athens, a Condominium is made this the 13/ST _ day of March, 2004 by Woodlands of Athens Phase II Condominiums, L.L.C., as Declarant and is made for the purpose of amending the Declaration of Condominium of The Woodlands of Athens, a Condominium (hereinafter referred to as "Declaration").
WITNESSETH:
WHEREAS, Woodlands of Athens, L.L.C. submitted certain real property in Athens-Clarke County, Georgia, to the condominium form of ownership pursuant to the Declaration of Condominium of Condominium of The Woodlands of Athens, a Condominium in Athens-Clarke County, Georgia, said Declaration being dated July 24, 2003, and being recorded in Deed Book 2468, Page 87, in the Office of the Clerk of the Superior Court of Athens-Clarke County, Georgia; and
ref CPB 21 93-95
I₺42631 P: 0506
WHEREAS, Woodlands of Athens, L.L.C. transferred, conveyed and assigned all of its right, title and interest as Declarant under the Declaration to Woodlands of Athens Phase II Condominiums, L.L.C., said assignment being recorded in Deed Book 2563, page 286, in the Office of the Clerk of the Superior Court of Athens-Clarke County, Georgia; and assigned its interest in a portion of the Expansion Property (as defined in said Declaration)
WHEREAS, Woodlands of Athens Phase II Condominiums, L.L.C., as Declarant is desirous of expanding the condominium pursuant to O.C.G.A. §44-3-89.
THEREFORE, for an in consideration of One Dollar ($1.00) and other good and valuable consideration, said Declaration is amended as follows:
The legal description of the additional property to be known and designated as Building E, Building F, and Building H and being further known as the Phase 2 Property and to be submitted to the Condominium is attached hereto and incorporated herein as Exhibit A.
2.
Sixty units are situated on the additional property thereby bringing the total number of units in the condominium to one hundred seventy-four (174). The undivided percentage interest appertaining to each unit is a 1/174th undivided interest in the common elements.
Each unit shall be allocated one vote in the Association.
4.
Each unit shall be allocated a 1/174th share of the liability for common expenses and for future common expenses.
Plans of the improvements constructed on the submitted property were previously filed with the Declaration and are located in the Condominium Plan Drawer, File No. 221, in the Office of the Clerk of the Superior Court of Athens-Clarke County, Georgia.
.......
*#2031 · 0507
6.
Except as modified herein, Woodlands of Athens Phase II Condominiums, L.L.C., as Declarant hereby ratifies and republishes all provisions of the Declaration of Condominium of The Woodlands of Athens, a Condominium.
IN WITNESS WHEREOF, the duly authorized members of the Declarant have set their hands and affixed their seals to this Amendment on the date and year first above written.
WOODLANDS OF ATHENS PHASE I| CONDOMINIUMS, K.D.C.
By: (SEAL)
THOMAS W. SCOTT, III, Member/Manager By: 2RS (SEAL)
DAVID R. MULKEY, Member/Manager
Signed, sealed and
delivere
cardel
• Netary Public
COn sNotary, JaiD, Cobb County, GA
Mÿ Commission Expires December 22, 2005
..... ...........
= BE 02631 Pg 0508
Exhibit A - Phase 2 Property
Expansion Area 1B
All that tract or parcel of land lying in G.M.D. 1899 of Athens-Clarke County, Georgia being more particularly described as follows:
Beginning at a point at the centerline intersection of Carriage Lane and Carriage Circle go N 19°18'46i W 947.75' to a Computed Point and the True Point of Beginning; thence N 33°02'04" W a distance of 72.61 to a Computed Point; thence N 33°42'40" W a distance of 82.47 to a Computed Point; thence N 27°06'59" W a distance of 58.45 to a Computed Point; thence N 26°20'45" W a distance of 52.98 to a Computed Point; thence N 23°00'10" W a distance of 59.04 to a Computed Point; thence N 19°25'44" W a distance of 67.19 to a Computed Point; thence N 16°06'40" W a distance of 50.00 to a Computed Point; thence S 69°05'09" W a distance of 79.15 to a Computed Point; thence N 27°07'43" W a distance of 115.22 to a Computed Point; thence S 84"41'30" E a distance of 78.28 to a ½" Rebar Found; thence N 79°03'05" E a distance of 425.42 to a Computed Point; thence S 14°58'29" W a distance of 329.49 to a Computed Point; thence S 01°22'55i E a distance of 165.75 to a Computed Point; thence S 57°51"21" W a distance of 110.08 to a Computed Point; and the True Point of Beginning; said tract containing 2.950 acres more or less.
Expansion Area 1C
All that tract or parcel of land lying in G.M.D. 1899 of Athens-Clarke County, Georgia being more particularly described as follows:
Beginning at a point at the centerline intersection of Carriage Lane and Carriage Circle go N 41°34'06i W 1052.80' to a Computed Point and the True Point of Beginning; thence N 39°53'12i W a distance of 43.15 to a Computed Point; thence N 32°59'30" W a distance of 98.70 to a Computed Point; thence N 58°59"19" E a distance of 84.78 to a Computed Point; thence N 61°50'44" E a distance of 90.11 to a Computed Point; thence N 65°08'01" E a distance of 90.36 to a Computed Point; thence S 23°09'36i E a distance of 139.97 to a Computed Point; thence S 63°49'25 W a distance of 112.76 to a Computed Point; thence S 59°56'13i W a distance of 123.09 to a Computed Point; and the True Point of Beginning; said tract containing 0.819 acres more or less.
Expansion Area 4
All that tract or parcel of land lying in G.M.D. 1899 of Athens/Clarke County, Georgia being more particularly described as follows:
Beginning at a point at the centerline intersection of Carriage Lane and Carriage Circle go N 51 degrees 50'35" W 831.03 feet to a computed point and the True Point of Beginning; thence S 62 degrees 27'25" W a distance of 196.41 feet to a Computed point; thence N 22 degrees 48'35" W a distance of 12.88 feet to a Computed point; thence S 65 degrees 05'24" W a distance of 95.86 feet to a Computed point; thence N 24 degrees 10'49" W a distance of 69.45 feet to a Computed point; thence N 17 degrees 23'51" W a distance of 45.22 feet to a Computed point; thence N 29 degrees 05'14" E a distance of 18.07 feet to a Computed point; thence N 67 degrees 03'29" E a distance of 64.16 feet to a
FE 02631 PE 0509
Computed point; thence N 65 degrees 08'16" E a distance of 47.29 feet to a
Computed point; thence N 61 degrees 12'24" E a distance of 49.08 feet to a
Computed point; thence N 56 degrees 59'30iE a distance of 97.61 feet to a
Computed point; thence S 48 degrees 24'37ồi E a distance of 67.21 feet to a
Computed point; thence S 15 degrees 27'39" E a distance of 83.07 feet to a
Computed point and the True Point of Beginning; said tract containing 0.896
Acres more or less.
Also conveyed herewith is a nonexclusive easement for ingress, egress and
utilities over, across, through and under all drives and parking areas in
Woodlands of Athens, a condominium, as shown on that certain plat of survey
entitled "Condominium Plat for: Woodlands of Athens" being recorded in
Condominium Plat Book 2, Pages 66-71, Athens-Clarke County, Georgia
records.
Also conveyed are the nonexclusive easement rights contained in a Declaration
of Easements, dated September 19, 2002 from Stones Creek Condominium
Association, Inc. and Stones Creek Condominiums, L.L.C. to Barnett Shoals
Partners, L.L.C., said Declaration being recorded in Deed Book 2268, Page 342,
Athens-Clarke County, Georgia records.
........ ....
BE: 02631
EXHIBIT B
CERTIFICATION
COMES NOW, David W. Matheny, Registered Architect who after being duly sworn, deposes and states, I reviewed the plans for construction of Buildings E, F and H of The Woodlands of Athens, a Condominium in Athens-Clarke County, Georgia, and have visited the site and viewed the property. To the best of my knowledge, information and belief:
(a) the exterior walls and roof of each structure are in place as shown on the
plans;
(b) such walls, partitions, floors and ceilings, to the extent shown on such
plans as constitute the horizontal boundaries, if any, and the vertical boundaries of
each unit have been sufficiently constructed so as to establish clearly the visible
boundaries of such unit.
This Certification was executed at Athens-Clarke, Georgia as of the 31s' day of March, 2004.
Dai _(SEAL) David W. Matheny,
Registered Architect No. 5438
.......
BL: 02631 ₽g Ü511
STATE OF GEORGIA
THIS INSTRUMENT WAS PREPARED BY AND
SHOULD BE RETURNED TO:
COUNTY OF ATHENS-CLARKE MONICA K, O'STEEN
BLASINGAME, BURCH, GARRARD, BRYANT & ASHLEY P.C. 440 COLLEGE AVENUE NORTH
P.O. BOX 832
ATHENS, GA 30603
(706) 354-4000
CONSENT
THIS CONSENT is executed on the o day of_Apr-! _ 200¢ _ by ATHENS FIRST BANK & TRUST COMPANY (hereinafter "Lender") in favor of WOODLANDS OF ATHENS PHASE II CONDOMINIUMS, L.L.C. (hereinafter "Woodlands").
WHEREAS, Lender has made a loan to Woodlands of Athens Phase II Condominiums, L.L.C. for the development and construction of property known 490 Barnett Shoals Road, Phase II, Woodlands of Athens (Expansion Area 1B, 1C and 4), Athens-Clarke County, Georgia Records, said property being described more particalarly in the security documents listed below and being incorporated herein by reference, said loan being secured by a Deed to Secure Debt from Woodlands of Athens Phase IT Condominiums, LLC to Athens First Bank, dated November 21, 2003, recorded in Deed Book 2563, page 290, an assignment of rents and leases, dated November 21, 2004, recorded in Deed Book 2563, page 302, and a UCC financing statement recorded in Deed Book 2563, page 307, all in the Office of the Clerk of the Superior Court of Athens-Clarke County, Georgia (hereinafter collectively the "Security Instrument"); and
WHEREAS, Woodlands of Athens, L.L.C.is desirous of submitting all, or a portion, of the secured property to the condominium form of ownership to be known as the Woodlands of Athens Phase II, with the Declaration of Condominium of Woodlands of Athens, with the First Amendment of Declaration of Condominium for The Woodlands of Athens (the "Amendment") to be recorded in the Office of the Clerk of the Superior Court of Athens-Clarke County, Georgia; and
B: 02631 Pg 0512
WHEREAS, Lender has consented to the submission of the property to the condominium form of ownership by execution and recording of the Amendment and has agreed to execute this instrument to evidence its consent.
THEREFORE, for and in consideration of one dollar and other good and valuable consideration, Lender hereby consents to the execution and recording of the Amendment and subordinates the lien of the Security Instrument thereto. Except as modified above, the above described Security Instrument shall remain in full force and effect, the sole purpose of the execution of this document being to consent to the execution and recording of the Amendment described herein.
IN WITNESS WHEREOF, the duly authorized bank officials of Lender have hereunto set their hands and affixed the bank seal on the date and year first written above.
ATHENS FIRST BANK & TRUST COMPANY By: Vice Tresidest...
Attest:
EYES (Bank Seai) + to avu? Signed, sealed and delivered
cene presence o
rist brad shan.
WITNESS
NOTARY PUBLIC
PAUSERIMKOVROIECTSIMAM\Woodlands.P
BY-LAWS
OF
WOODLANDS OF ATHENS COTTAGES
CONDOMINIUM ASSOCIATION, INC.
ARTICLE ONE
OFFICES
1.1 Name. The name of the Association is WOODLANDS OF ATHENS COTTAGES CONDOMINIUM ASSOCIATION, INC., hereinafter referred to as the "Association".
1.2 Location. The principal office of the Association shall be located at 2405 West Broad Street, 30606. Athens, Georgia 30606. The mailing address of the Association is 2405 West Broad Street, Athens, Georgia
ARTICLE TWO
MEETINGS OF THE UNIT OWNERS
Annual Meeting Date. The annual meeting of unit owners shall be held on the 2nd Monday in January of each year, or if said date be a legal holiday, then on the next succeeding day which is not a holiday.
2.2 Special Meering. Special meetings of the unit owners may he called at any time by the President or by unit owners having twenty-live (25%) percent or more of the total vote of the Association.
Place. Annual of special meetings of the unit owners may be held at any place within reasonable proximity to Woodlands of Athens Cottages, a condominium in Athens-Clarke County, Georgia as set forth in the if no place is so specified, at the registered office of the Association. notice thereof, or in the event of a meeting held pursuant to waiver of notice, as may be set forth in the waiver, or
Notice. Notice of annual or special meetings of the unit owners shall be given to each unit owner at least renty-one (21) days in advance of any annual or regularly scheduled meeting, and at least seven (7) days in advance of any other meeting, stating the time, place and purpose of such rules and regulations established by the Board of Directors governing the use of the Common Area and facilities. adjourned if unit owners, in person or by proxy, entitled to cast more than one-third (1/3rd) of the votes of the Quorum. A quotum shall be deemed present throughout any meeting of the unit owners until Association are present at the beginning of such meeting.
Vote of Unir Owners. On all matters upon which the unit owners are entitled to vote, each unit owner shall be entided to cast the number of votes which are allocated to each unit owned by such unit owner by the Declaration. Any action of the Association shall be deemed valid upon the majority vote of the members present in person or by proxy at any annual or special meeting of the Association ar which a quorum is present, unless the Declaration, the Articles of Incorporation, or the Condominium Act provide for an affirmative vote greater than a majority. 'The vote of the owners of a unit owned by a corporation or other legal entiry shall be cast by the person named in a certificate signed by the agent of such corporation, or by a general partner of a
partnership, as the case may be, and filed with the secretary of the Association. Such certificate shall be valid until revoked by a subsequent certificate. If such a certificate is not on file, the vote of such unit shall not be considered in determining the requirement for a quorum not for any other purpose. In no event shall more than one vote be cast with respect ox any unit.
Proxies. Votes may be cast in person or by proxy. All proxies shall be in writing filed with the Secretary of the Association. No proxy shall extend beyond a period of eleven (11) months, and every proxy shall automatically cease upon the sale by the unit owner of his unit.
2.8 Suspension of Membership and Voting Rights. During any period in which a member shall be in default in the payment of any annual or special assessment levied by the Association, the voting rights and right to use of the recreational facilities of such member may be suspended by the Board of Directors until such assessment has been paid. Such rights of a member may also be suspended, after notice and hearing, for a period governing the use of the Common Area and facilities. not to exceed ninety (90) days, for violation of any rules and regulations established by the Board of Directors
2.9 Presiding Officer. The presiding officer at all meetings of the unit owners shall be the President, in whose absence the Vice President shall preside. If neither of such officers is present, the members shall elect a chairman to preside at the particular meeting.
Adjournments. Any meeting of the unit owners, whether or not a quorum is present, may be adjourned by the holders of a majority of the votes represented at the meeting to reconvene at a specific time and place. It shall not be necessary to give any notice of the reconvened meeting, if the time and place of the reconvened meeting are announced at the meeting which was adjourned. At any such reconvened meeting at meeting which was adjourned. which a quorum is represented or present, any business may be transacted which could have been transacted at the
2.11 Action in Lieu of Meeting. Any action to be taken at meeting of the unit owners, or any action that may be taken at a meeting of the unit owners, may be taken without a meeting if a consent in writing setting forth the action so taken shall be signed by all of the unit owners entitled to vote with respect to the subject matter thereof and any further requirements of law pertaining to such consents have been complied with.
ARTICLE THREE
DIRECTORS
3.1 General Powers. Except as provided otherwise in the Condominium Act, the Georgia Nonprofit Corporation Code, the Declaration, the Articles of Incorporation, or these Bylaws, the powers inherent in or expressly granted to the Association may be exercised by the Board of Directors, acting through the officers, without any further consent or action on the part of the unit owners. The Board of Directors shall have the authority to adopt from time to time reasonable rules and regulations governing the use of the submitted property by the unit owners. All resolutions adopted and all business transacted by the Board of Directors shall require the affirmative vote of a majority of the Directors present at the meeting.
The Board of Directors shall also be authorized to enter into such agreements for professional management of the Association as the Board shall deem to be in the best interests of the Association; provided, contract term of three (3) years. however, that all such agreements must provide for termination on ninety (90) days written notice and a maximum
Number of Directors. The Board of Directors of the Association shall consist of a minimum of one (1) member and a maximum of seven (7) members. Board members shall be elected at each annual meeting of the unit ownets and serve for a term of one year and until their successors are elected.
3.3 Nomination. Nominations for election for the Board of Directors shall be made by a Nominating Committee. Nominations may also be made from the flooc at the annual meeting. The Nominating Committee shall consist of a Chairman, and two or more members of the Association. The Nominating Committee shall be appointed by the Board of Directors prior to each annual meeting of the members. The Nominating Committee shall make as many nominations for election to the Board of Directors as it shall in its discretion determine, but not less than one (1). Such nominations shall be made from among the members of the Association.
Election. Election of the Board of Directors shall be by secret written ballot cast at the annual meeting. At such election the members or their proxies may cast, in respect to each vacancy, as many votes as they are entitled to exercise under the provisions of the Declaration. The persons receiving the largest number of votes shall be elected. Cumulative voting is not permitted.
3.5 Vacancies. The Directors may fill the place of any Director which may become vacant prior to the expiration of his term, and such appointment by the Directors is to continue until the expiration of the term of the Director whose place has become vacant.
Meetings. The Directors shall meet annually without notice, following the annual meeting of the unit owners. Special meetings of the Directors may be called at any time by the President or by any Director, on two days' notice to each Director, which notice shall specity the time and place of the meeting. Notice of any such meeting maybe waived by an instrument in writing executed before or after the meeting. Directors may attend and participate in meetings either in person or by means of conference telephones or similar communications equipment by means of which all persons participating in the meeting can hear each other, and participation in a meeting by means of such communication equipment shall constitute presence in person at any meeting. Attendance in person at such meeting shall constitute a waiver of notice thereof.
Quorum. A majority of the number of Directors shall constitute a quorum for the transaction of business. Every act or decision done or made by a majority of the Directors present at a duly held meeting at which a quorum is present shall be regarded as the act of the Board.
3.8 Action in Lieu of Meeting. Any action to be taken at a meeting of Directors, or any action that may be taken at a meeting of Directors, may be taken without a meeting if a consent in writing, setting forth the actions so taken, shall be signed by all of the Directors and any further requirements of law pertaining to such consents have been complied with. entiled to reimbursemen for reaD fee spenDs incore hal se performance on their dun, but they shall be
ARTICLE FOUR
OFFICERS AND THEIR DUTIES
Enumeration of officers. The officers of this Association shall be a president and vice president, who shall at all times be members of the Board of Directors, a secretary, and a treasurer, and such other offices as the Board may from time to time by resolution create.
+.2 Election of Officers. The election of officers shall take place at the first meeting of the Board of Directors following each annual meeting of the members.
4.3 Term. 'The officers of this Association shall be elected annually by the Board and each shall hold office for one year unless he shall sooner resign, or shall be removed, or be otherwise disqualified to serve.
+.+ Special Appointments. The Board of Directors may elect such other officers as the affairs of the Association may require, each of whom shall hold office for such period, have such authority, and perform such duties as the Board may, from time to time, determine.
Resignation and Removal. Any officer may be removed from office with or without cause by the Board. Any officer may resign at any time by giving written notice to the Board, the president or the secretary. Such resignation shall take effect on the date of receipt of such notice or at any later time specified therein, and unless otherwise specified therein, the acceptance of such resignation shall not be necessary to make it effective.
+.6 Vacancies. A vacancy in any office may be filled in the manner prescribed for regular election. The officer elected to such vacancy shall serve for the reminder of the term of the officer he replaces.
Multiple Offices. The offices of secretary and treasurer may be held by the same person. No person shall simultaneously hold more than one of any of the other offices except in the case of special offices created pursuant to Section 4 of this Article.
4.8 Duties. The duties of the officers are as follows:
(a) President - The president shall preside at all meetings of the Board of Directors; shall see instruments and shall co-sign all promissory notes. that orders and resolutions of the Board are carried out; shall sign all leases, mortgages, deeds and other written
(b) Vice President - The vice president shall act in the place and stead of the president in event of the absence, inability or refusal of the president to act, and shall exercise and discharge such other duties as may be required of him by the Board.
Secretary - The secretary shall record the votes and keep the minutes of all meetings and proccedings of the Board and of the Members; keep the corporate seal of the Association and affix it on all papers requiring said seal; serve notice of meetings of the Board and of the Members, keep appropriate current records showing the Members of the Association together with their addresses, and shall perform such other duties as required by the Board.
(d) Treasurer - The treasurer shall receive and deposit in appropriate bank accounts all monies of the Association and shall disburse such funds as directed by resolution of the Board of Directors shall sign all checks and promissory notes of the Association; keep proper books of account; cause an annual audit of the Association books to be made at the completion of each fiscal year; and shall prepare a statement of income and expenditures to be presented to the Membership at its regular annual meeting, and deliver a copy of each to not be a member of the Board of Directors. the Members. The Treasurer may be appointed by the Board of Directors from among the unit owners, and need
ARTICLE FIVE
COMMITTEES
The Association shall appoint a Nominating Committee, as provided in these Bylaws. In purposes, such as: addition, the Board of Directors may appoint other committees as deemed appropriate in carrying out its
(a) Architectural Control Committee which shall advise the Board of Directors on all as the Board, in its discretion, determines. matters pertaining to architectural restrictions set forth in the Declaration, and shall perform such other functions
(b) Maintenance Committee which shall advise the Board of Direcrors on all matters pertaining to the maintenance, repair or improvement ofthe Properties, and shall perform such other functions as the Board, in its discretion, determines.
(c) Grounds Committec which shall advise the Board of Directors on all matters pertaining shall perform such other functions as the Board, in its discretion, determines. to the maintenance, planting of shrubs and trees and improvement of the common grounds of the property, and pertining to traffic control, parking restrictions and vehicle control as set forth in the Declaration, and shall Traffic and Parking Committee which shall advise the Board of Directors on all matters perform such other functions as the Board, in its discretion, determines.
approve the annual budget and statement of income and expenditures to be presented to the membership at its Audit Committee which shall supervise the annual audit of the Association's books and regular annual meeting. The treasurer shall be an ex officio member of the Committee.
5.2 It shall be the duty of each committee to receive complaints from members on any matter involving Association functions, duties, and activities within its field of responsibility. It shall dispose of such complaints as it deems appropriate or refer them to such other committee, director or officer of the Association as is further concerned with the matter presented.
ARTICLE SIX
INSPECTION OF BOOKS: NOTICE TO MORTGAGEES
hours, be subject to the inspection of any unit owner or the mortgagee of any unit owner. The books, records, and papers of the Association shall at all times, during reasonable business Association of any default in the performance by the individual unit owner/ mortgagor of any obligation under the All mortgagees who request the same shall be entitled to receive a written notification from the condominium instruments which is not cured within sixty (60) days.
ARTICLE SEVEN
SEAL
7.1 The seal of the Association shall be in such form as the Board of Directors may from time to followed by the word "Seal" enclosed in parentheses or scroll shall be deemed the seal of the Association. The time determine. In the event it is inconvenient to use such seal at any time, the signature of the Association seal shall be in the custody of the secretary and affixed by him on all appropriate papers.
ARTICLE EIGHT
RESOLUTION OF CONFLICTS
8.1 In the case of any conflict benveen the Articles of Incorporation and these Bylaws, the Articles shall control; and in the case of any conflict between the Declaration and these Bylaws, the Declaration shall control.
ARTICLE NINE
FISCAL YEAR
9.1 The Board of Directors shall be authorized to fix the fiscal year of the Association and to change the same from time to time as it shall deem appropriate.
ARTICLE TEN
DEFINITIONS
10.1 All of the terms defined in Section 3 of the Condominium Act shall be deemed to have the meanings therein specified wherever they appear in these Bylaws, unless the context othenvise requires.
END OF BY-LAWS
WOODLANDS OF ATHENS COTTAGE RENTAL, L.L.C. By: -(SEAL)
THOMAS W. SCOTT, II, Member/Manager
By: 2021
DAVID & MULKEY, Member/Mana __(SEAL) Signed, sealed and delivered
in the presence of:
Kathy P. Rackly
cene Cheation
Notary Public
2009
SO COUNTY SEE
BY-LAWS
OF
WOODLANDS OF ATHENS CONDOMINTUM ASSOCIATION, INC.
ARTICLE ONE
OFFICES
1.1 Name. The name of the Association is WOODLANDS OF ATHENS CONDOMINIUM ASSOCIATION, INC., hereinafter referred to as the "Association".
1.2 • Location. The principal office ofthe Association shall be located at 2405 West Broad Street, 30606. Athens, Georgia 30606. The mailing address of the Association is 2405 West Broad Street, Athens, Georgia
ARTICLE TWO
MEETINGS OF THE UNIT OWNERS
2.1 Annual Meeting Date. The annual meeting of unit owners shall be held on the 2nd Monday holiday. in January of each year, or if said date be a legal holiday, then on the next succeeding day which is not a
2.2 Special Meeting. Special meetings of the unit owners may he called at any time by the President or by unit owners having twenty-five (25%) percent or more of the total vote of the Association.
2.3 Place. Annual or special meetings of the unit owners may be held at any place within reasonable proximity to Woodlands of Athens, a condominium in Athens-Clarke County, Georgia as set forth in the notice thereof, or in the event of a meeting held pursuant to waiver of notice, as may be set forth in the waiver, or if no place is so specified, at the registered office of the Association.
2.4 Notice. Notice of annual or special meetings of the unit owners shall be given to each unit owner at least twenty-one (21) days in advance of any annual or regularly scheduled meeting, and at least seven (7) days in advance of any other meeting, stating the time, place and purpose of such rules and regulations established by the Board of Directors governing the use of the Common Area and facilities.
2.5 Quorum. A quorum shall be deemed present throughout any meeting of the unit owners until adjourned if unit owners, in person or by proxy, entitled to cast more than one-third (1/3rd) of the votes of the Association are present at the beginning of such meeting.
2.6 Vote of Unit Owners. On all matters upon which the unit owners are entitled to vote, each unit owner shall be entitled to cast the number of votes which are allocated to each unit owned by such unit owner by the Declaration. Any action of the Association shall be deemed valid upon the majority vote of the
quorum is present, unless the Declaration, the Articles of Incorporation, or the Condominium Act provide members present in person or by proxy at any annual or special meeting of the Association at which a for an affirmative vote greater than a majority. The vote of the owners of a unit owned by a corporation or other legal entity shall be cast by the person named in a certificate signed by the agent of such corporation, or by a general partner of a partnership, as the case may be, and filed with the secretary of the Association. Such certificate shall be valid until revoked by a subsequent certificate. If such a certificate is not on file, the vote of such unit shall not be considered in determining the requirement for a quorum not for any other purpose. In no event shall more than one vote be cast with respect ox any unit. Secretary of the Association. No proxy shall extend beyond a period of eleven (11) months, and every proxy 2.7 Proxies. Votes may be cast in person or by proxy. All proxies shall be in writing filed with the shall automatically cease upon the sale by the unit owner of his unit.
in default in the payment of any annual or special assessment levied by the Association, the voting rights and 2.8 Suspension of Membership and Voting Rights. During any period in which a member shall be right to use of the recreational facilities of such member may be suspended by the Board of Directors until for a period not to exceed ninety (90) days, for violation of any rules and regulations established by the Board such assessment has been paid. Such rights of a member may also be suspended, after notice and hearing, of Directors governing the use of the Common Area and facilities.
President, in whose absence the Vice President shall preside. If neither of such officers is present, the Presiding Officer. The presiding officer at all meetings of the unit owners shall be the members shall elect a chairman to preside at the particular meeting.
adjourned by the holders of a majority of the votes represented at the meeting to reconvene at a specific time 2.10 Adjournments. Any meeting of the unit owners, whether or not a quorum is present, may be the reconvened meeting are announced at the meeting which was adjourned. At any such reconvened and place. It shall not be necessary to give any notice of the reconvened meeting, if the time and place of meeting at which a quorum is represented or present, any business may be transacted which could have been transacted at the meeting which was adjourned. that may be taken at a meeting of the unit owners, may be taken without a meeting if a consent in writing 2.11 Action in Lieu of Meeting. Any action to be taken at meeting of the unit owners, or any action subject matter thereof and any further requirements of law pertaining to such consents have been complied setting forth the action so taken shall be signed by all of the unit owners entitled to vote with respect to the with.
ARTICLE THREE
DIRECTORS
Nonprofit Corporation Code, the Declaration, the Articles of Incorporation, or these Bylaws, the powers General Powers. Except as provided otherwise in the Condominium Act, the Georgia inherent in or expressly granted to the Association may be exercised by the Board of Directors, acting through the officers, without any further consent or action on the part of the unit owners. The Board of Directors shall have the authority to adopt from time to time reasonable rules and regulations governing the Board of Directors shall require the affirmative vote of a majority of the Directors present at the meeting. use of the submitted property by the unit owners. All resolutions adopted and all business transacted by the
management of the Association as the Board shall deem to be in the best interests of the Association; The Board of Directors shall also be authorized to enter into such agreements for professional and a maximum contract term of three (3) years. provided, however, that all such agreements must provide for termination on ninety (90) days written notice
3.2 Number of Directors. The Board of Directors of the Association shall consist of a minimum meeting of the unit owners and serve for a term of one year and until their successors are elected. of one(1) member and a maximum of seven(7) members. Board members shall be elected at each annual
3.3 Nomination. Nominations for election for the Board of Directors shall be made by a Nominating Committee shall consist of a Chairman, and two or more members of the Association. The Nominating Committee. Nominations may also be made from the floor at the annual meeting. The Nominating Committee shall be appointed by the Board of Directors prior to each annual meeting of the members. The Nominating Committee shall make as many nominations for election to the Board of Directors as it shall in its discretion determine, but not less than one (1). Such nominations shall be made from among the members of the Association. annual meeting. At such election the members or their proxies may cast, in respect to each vacancy, as many Election. Election of the Board of Directors shall be by secret written ballot cast at the largest number of votes shall be elected. Cumulative voting is not permitted. votes as they are entitled to exercise under the provisions of the Declaration. The persons receiving the to the expiration of his term, and such appointment by the Directors is to continue until the expiration of the Vacancies. The Directors may fill the place of any Director which may become vacant prior term of the Director whose place has become vacant.
3.6 Meetings. The Directors shall meet annually without notice, following the annual meeting of the unit owners. Special meetings of the Directors may be called at any time by the President or by any Director, on two days' notice to each Director, which notice shall specify the time and place of the meeting. Notice of any such meeting maybe waived by an instrument in writing executed before or after the meeting. Directors may attend and participate in meetings either in person or by means of conference telephones or other, and participation in a meeting by means of such communication equipment shall constitute presence similar communications equipment by means of which all persons participating in the meeting can hear each in person at any meeting. Attendance in person at such meeting shall constitute a waiver of notice thereof.
3.7 Quorum. A majority of the number of Directors shall constitute a quorum for the transaction of business. Every act or decision done or made by a majority of the Directors present at a duly held meeting at which a quorum is present shall be regarded as the act of the Board. that may be taken at a meeting of Directors, may be taken without a meeting if a consent in writing, setting Action in Lieu of Meeting. Any action to be taken at a meeting of Directors, or any action pertaining to such consents have been complied with. forth the actions so taken, shall be signed by all of the Directors and any further requirements of law
3.9 Compensation. Officers and Directors shall serve without compensation, but they shall be entitled to reimbursement for reasonable expenses incurred in the performance of their duties.
ARTICLE FOUR
OFFICERS AND THEIR DUTIES
Enumeration of officers. The officers of this Association shall be a president and vice other offices as the Board may from time to time by resolution create. president, who shall at all times be members of the Board of Directors, a secretary, and a treasurer, and such Board of Directors following each annual meeting of the members. Election of Officers. The election of officers shall take place at the first meeting of the
4.3 Term. The officers of this Association shall be elected annually by the Board and each shall hold office for one year unless he shall sooner resign, or shall be removed, or be otherwise disqualified to serve.
Special Appointments. The Board of Directors may elect such other officers as the affairs of the Association may require, each of whom shall hold office for such period, have such authority, and perform such duties as the Board may, from time to time, determine.
Resignation and Removal. Any officer may be removed from office with or without cause by the Board. Any officer may resign at any time by giving written notice to the Board, the president or the secretary. Such resignation shall take effect on the date of receipt of such notice or at any later time specified therein, and unless otherwise specified therein, the acceptance of such resignation shall not be necessary to make it effective.
4.6 Vacancies. A vacancy in any office may be filled in the manner prescribed for regular replaces. election. The officer elected to such vacancy shall serve for the remainder of the term of the officer he
4.7 Multiple Offices. The offices of secretary and treasurer may be held by the same person. No person shall simultaneously hold more than one of any of the other offices except in the case of special offices created pursuant to Section 4 of this Article.
4.8 Duties. The duties of the officers are as follows:
President - The president shall preside at all meetings ofthe Board of Directors; shall written instruments and shall co-sign all promissory notes. see that orders and resolutions of the Board are carried out; shall sign all leases, mortgages, deeds and other in event of the absence, inability or refusal of the president to act, and shall exercise and discharge such other Vice President - The vice president shall act in the place and stead of the president duties as may be required of him by the Board.
and proceedings of the Board and of the Members; keep the corporate seal of the Association and affix it on Secretary - The secretary shall record the votes and keep the minutes of all meetings all papers requiring said seal; serve notice of meetings of the Board and of the Members, keep appropriate current records showing the Members of the Association together with their addresses, and shall perform such other duties as required by the Board.
(a) Treasurer - The treasurer shall receive and deposit in appropriate bank accounts all monies of the Association and shall disburse such funds as directed by resolution of the Board of Directors shall sign all checks and promissory notes of the Association; keep proper books of account; cause an annual audit of the Association books to be made at the completion of each fiscal year; and shall prepare a statement of income and expenditures to be presented to the Membership at its regular annual meeting, and deliver a copy of each to the Members. The Treasurer may be appointed by the Board of Directors from among the unit owners, and need not be a member of the Board of Directors.
ARTICLE FIVE
COMMITTEES
The Association shall appoint a Nominating Committee, as provided in these Bylaws. In addition, the Board of Directors may appoint other committees as deemed appropriate in carrying out its purposes, such as:
Architectural Control Committee which shall advise the Board of Directors on all functions as the Board, in its discretion, determines. matters pertaining to architectural restrictions set forth in the Declaration, and shall perform such other
(b) Maintenance Committee which shall advise the Board of Directors on all matters pertaining to the maintenance, repair or improvement of the Properties, and shall perform such other functions as the Board, in its discretion, determines.
(c) Grounds Committee which shall advise the Board of Directors on all matters pertaining to the maintenance, planting of shrubs and trees and improvement of the common grounds of the property, and shall perform such other functions as the Board, in its discretion, determines.
(d) Traffic and Parking Committee which shall advise the Board of Directors on all and shall perform such other functions as the Board, in its discretion, determines. matters pertaining to traffic control, parking restrictions and vehicle control as set forth in the Declaration,
Audit Committee which shall supervise the annual audit of the Association's books and approve the annual budget and statement of income and expenditures to be presented to the membership at its regular annual meeting. The treasurer shall be an ex officio member of the Committee.
It shall be the duty of each committee to receive complaints from members on any matter involving Association functions, duties, and activities within its field of responsibility. It shall dispose of such complaints as it deems appropriate or refer them to such other committee, director or officer of the Association as is further concerned with the matter presented.
ARTICLE SIX
INSPECTION OF BOOKS: NOTICE TO MORTGAGEES
The books, records, and papers of the Association shall at all times, during reasonable business hours, be subject to the inspection of any unit owner or the mortgagee of any unit owner.
6.2 All mortgagees who request the same shall be entitled to receive a written notification from the Association of any default in the performance by the individual unit owner/mortgagor of any obligation under the condominium instruments which is not cured within sixty (60) days.
ARTICLE SEVEN
SEAL
7.1 The seal of the Association shall be in such form as the Board of Directors may from time to time determine. In the event it is inconvenient to use such seal at any time, the signature of the Association followed by the word "Seal" enclosed in parentheses or scroll shall be deemed the seal of the Association. The seal shall be in the custody of the secretary and affixed by him on all appropriate papers.
ARTICLE EIGHT
RESOLUTION OF CONFLICTS
8.1 In the case of any conflict between the Articles of Incorporation and these Bylaws, the Articles shall control; and in the case of any conflict between the Declaration and these Bylaws, the Declaration shall control.
ARTICLE NINE
FISCAL YEAR
9.1 The Board of Directors shall be authorized to fix the fiscal year of the Association and to change the same from time to time as it shall deem appropriate.
ARTICLE TEN
DEFINITIONS
10.1 All of the terms defined in Section 3 of the Condominium Act shall be deemed to have the meanings therein specified wherever they appear in these Bylaws, unless the context otherwise requires.
END OF BY-LAWS
WOODLADS OF THEY
By: _(SEAL) THOMAS W, SCOFT, II, Member/Manager
By: (SEAL) DAVID R. MULKEY, Member/Manager
Signed, scaled and delivered
in the presence of:
L Bens
Witness
Erase Kair
NomjaPulPiblic, Cobb Count. GA
My Commission s *lies Vecember 22, 2005
Secretary of State CONTROL NUMBER: 0305566
EFFECTIVE DATE: 01/23/2003
Corporations Division JURISDICTION : GEORGIA
315 West Tower REFERENCE : 0163
#2 Martin Luther King, Jr. Dr. PRINT DATE : 01/31/2003
FORM NUMBER : 311
Atlanta, Georgia 30334-1530
MICHAEL A. MORRIS, ESQ.
440 COLLEGE AVENUE NORTH
ATHENS, GA 30601
CERTIFICATE OF INCORPORATION
I, Cathy Cox, the Secretary of State and the Corporations Commissioner of the State of Georgia, do hereby certify under the seal of my office that
WOODLANDS OF ATHENS CONDOMINIUM ASSOCIATION, INC.
A DOMESTIC NONPROFIT CORPORATION
been duly incorporated under the laws of the State of Georgia on effective date stated above by the filing of articles of incorporation in the Office of the Secretary of State and by the paying of fees as provided by Title 14 of the Official Code of Georgia Annotated.
WITNESS my hand and official seal in the City of Atlanta and the State of Georgia on the date set forth above.
Catty Cop
Cathy Cox
Secretary of State
OFFICE OF SECRETARY OF STATE
CORPORATIONS DIVISION
315 West Tower, #2 Martin Luther King, Jr. Drive WARREN RARY
Atlanta, Georgla 30334-1530 Director
(404) 656-2817
Registered agent, officer, entity stalus Information via the Internet QUINTILIS B. ROBINSON CATHY COX http://www.georglacorporations.org Assistant Director Secretary of State TRANSMITTAL INFORMATION
GEORGIA PROFIT OR NONPROFIT
CORPORATIONS
- SOS USE ONLY
CONTROL
AMOUNT:
SLOG RECEIVED
"EXAMINER ICOUN:
NOTICE TO APPLICANT: PRINT PLAINLY OR TYPE REMAINDER OF THIS FORM
023460722
Corporate Name Reservation Number (optional; articles accepted without prior reservation)
Woodlands of Athens Condominium Association, Inc.
Corporate Name (List exactly as it appears in articles)
Michael A. Morris, Esq. 706-354-4000
2.
(Name of person filing articles; completed filing retumed to this person, at address below) Telephone Number 440 College Avenue North
Address
Athens Georgia 30601
City ¡ State Zip Code
3.
Mail or deliver to the Secretary of State, at the above address, the following:
1) This transmittal for
2) Original and one copy of the Articles of Incorporation
3) Filing fee of $60.00 payable to Secretary of State. Filing fees are NON-refundable.
I certify that a Notice of Incorporation or Notice of Intent to Incorporate with a publication fee of $40.00 has been or will be malled or delivered to the official organ of the county where the initial registered office of the corporation is to be located. (The Clerk of Superior Court can advise you of the official organ in a particular county.)
December 12, 2002
Authorized Signature Date
STATE OF GEORGIA
SECRETARY OF STATE ARTICLES OF INCORPORATION
2003 JAN 23 P 6: 46 OF
CORPORATIONS DIVISION WOODLANDS OF ATHENS CONDOMINIUM ASSOCIATION, INC.
1.
The name of the corporation is WOODLANDS OF ATHENS CONDOMINIUM ASSOCIATION, INC." and is hereinafter referred to as the "Association".
2.
The Association is organized and is incorporated pursuant to the provisions of the Georgia
Non-Profit Corporation Code.
The Association shall have perpetual duration.
4.
The Association is not organized for and shall not be operated for, pecuniary gain or profit, and no part of the net earnings of the Association shall inure to the benefit of any unit owner, member, director, officer, or private individual (except that reasonable compensation may be paid
for services rendered to or for the Association affecting one or more of the Association's purposes).
The Association shall never engage in propaganda, shall never attempt to influence legislation, and
shall never participate in any political campaign on behalf of any candidate for public office, nor
shall any part of any property owned by the Association or any part of the income therefrom be
devoted to such purposes.
The purposes for which the Association is organized are to maintain and administer THE WOODLANDS OF ATHENS, a condominium development under the Georgia Condominium Act, Georgia Laws 1975, pages 609-671, as amended, (the "Condominium Act"), organized pursuant to the Declaration of Condominium of The Woodlands of Athens to be recorded in the deed records of Athens-Clarke County, Georgia (the "Declaration'"). In order to carry out such purpose, the Association shall have all the powers set forth in the Declaration, the Georgia Non-Profit Corporation Code, and in the Condominium Act as being exercisable by a corporation formed for the purpose of exercising the powers of an association of any condominium created pursuant to the Condominium Act.
Each person owning a unit (as defined in the Declaration) in WOODLANDS OF ATHENS, a condominium shall automatically be a member of the Association, which membership shall continue during the period of such ownership by such unit owner.
The directors shall be elected in the manner set forth in the by-laws of the Association.
The initial registered office of the Association shall be at 2405 West Broad Street, Athens, Georgia 30606. The initial registered agent of the Association shall be Thomas W. Scott, III..
The initial Board of Directors of the Association shall number two (2), and the name and address of each person who is to serve as a member thereof is as follows:
Thomas W. Scott, IIII David R. Mulkey
2405 West Broad Street 1101 Old Creek Road, Suite C-1 Athens, Georgia 30606 Athens, Georgia 30607
The name and address of the incorporator is:
Michael A. Morris, Esq.
440 College Avenue North
Athens, Georgia 30601
IN WITNESS WHEREOF, the undersigned has executed these Articles of Incorporation.
By: (SEAL)
THOMAS W. SCOTY, MI, Member/Manager
By: -(SEAL)
DAVID-R. MULKEY, Member/Manager
MICHAEL A. MORRIS
BLASINGAME, BURCH, GARRARD, BRYANT & ASHLEY, P.C.
440 College Avenue North
ATHENS, GEORGIA 30601
(706) 354-4000
...
CONSENT TO APPOINTMENT AS REGISTERED AGENT
TO: Honorable Cathy Cox
Secretary of State
Ex-Officio Corporation
Commissioner
State of Georgia
I, THOMAS W. SCOTT, III, do hereby consent to serve as registered agent for the corporation WOODLANDS OF ATHENS CONDOMINIUM ASSOCIATION, INC."
This 11 day of December, 2002.
_(SEAL) THOMAS W. SCOTT, II
Address of Registered Agent:
2405 West Broad Street
Athens, Georgia 30606
Secretary of State CONTROL NUMBER: 0529870
Corporations Division EFFECTIVE DATE: 04/15/2005
JURISDICTION : GEORGIA
315 West Tower REFERENCE : 0171
#2 Martin Luther King, Jr. Dr. PRINT DATE : 05/06/2005
FORM NUMBER : 311
Atlanta, Georgia 30334-1530
BLASINGAME, BURCH, GARRARD, BRYANT
MONICA K O'STEEN
POST OFFICE BOX 832
ATHENS, GA 30603
CERTIFICATE OF INCORPORATION
1, Cathy Cox, the Secretary of State and the Corporations Commissioner of the State of Georgia, do hereby certify under the seal of my office that
WOODLANDS OF ATHENS COTTAGES CONDOMINIUM ASSOCIATION, INC.
A DOMESTIC NONPROFIT CORPORATION
has been duly incorporated under the laws of the State of Georgia on the effective date stated above by the filing of articles of incorporation in the Office of the Secretary of State and by the paying of fees as provided by Title 14 of the Official Code of Georgia Annotated.
WITNESS my hand and official seal in the City of Atlanta and the State of Georgia on the date set forth above.
Atty COP
Cathy Cox
Secretary of State
OFFICE OF SECRETARY OF STATE
CORPORATIONS DIVISION
315 West Tower, #2 Martin Luther King, Jr. Drive WARREN RARY
Atlanta, Georgia 30334-1530 Director
(404) 656-2817šŘŚ
Registered agent, officer, entlly status information via the Internet ENRICO M. ROBINSON CATHY COX http://www.georglacorporations.org Assistant Director Secretary of State TRANSMITTAL INFORMATION
GEORGIA PROFIT OR NONPROFIT CORPORATIONS
DO NOT WRITE IN SHADED AREA - SOS USE ONLY
(ET • CONTROL #
DOCKET DATE AMOUNT CHECK
CODE FILED RECEIVED RECEIPT •
TYPE CODE DN EXAMINER JURISDICTION (COUNTY) CODE 029
NOTICE TO APPLICANT: PRINT PLAINLY OR TYPE REMAINDER OF THIS FORM
1. 051020310
Corporate Name Reservation Number (if one has been oblained; if articles are being filed without prior reservation, leave this fine blank) Woodlands of Athens Cottages Condominium Assoclation, Inc.
Corporate Name (List exactly as it appears in articles)
2. 706-354-4000
Name of person filing articles (certificate will be mailed to this person, at address below) Telephone Number
Post Office Box 832
Address
Athens Georgia 30603-0832 City State Zip Code
3.
Mail or deliver the following items to the Secretary of State, at the above address:
1) This transmittal form
2) Original and ona copy of the Articles of Incorporation
3) Filing fee of $100.00 payablo to Secrelary of State. Filling fees are NON-refundable.
I certify that a Notice of Incorporation or Notice of Intent to Incorporate with a publication fee of $40.00 has been or will be malled or delivered to the official organ of the county where the initial registered office of the corporation is to be located. (List of legal organs is posted at web site; or, the Clerk of Superior Court can advise you of the official organ in a particular county.)
Man I't April 12, 2005
Authorized signature of person filing documents Date
Request certificates and obtain entity information via the Internet: http://www.georgiacorporations.org
STATE OF GEORGIA
ARTICLES OF INCORPORATION
OF
WOODLANDS OF ATHENS COTTAGES
CONDOMINIUM ASSOCIATION, INC.
The name of the corporation is "WOODLANDS OF ATHENS COTTAGES CONDOMINIUM ASSOCIATION, INC." and is hereinafter referred to as the "Association".
2.
The Association is organized and is incorporated pursuant to the provisions of the Georgia
Non-Profit Corporation Code.
The Association shall have perpetual duration.
The Association is not organized for and shall not be operated for, pecuniary gain or profit, and
no part of the net eamings of the Association shall inure to the benefit of any unit owner, member, director, officer, or private individual (except that reasonable compensation may be paid for services rendered to or for the Association affecting one or more of the Association's purposes). The Association shall never engage in propaganda, shall never attempt to influence legislation, and shall never participate in any political campaign on behalf of any candidate for public office, nor shall any part of any property owned by the Association or any part of the income therefrom be devoted to such
purposes.
The purposes for which the Association is organized are to maintain and administer THE WOODLANDS OF ATHENS COTTAGES, a condominium development under the Georgia Condominium Act, Georgia Laws 1975, pages 609-671, as amended, (the "Condominium Act"), organized pursuant to the Declaration of Condominium of The Woodlands of Athens Cottages to be recorded in the deed records of Athens-Clarke County, Georgia (the "Declaration"). In order to carry out such purpose, the Association shall have all the powers set forth in the Declaration, the Georgia Non-Profit Corporation Code, and in the Condominium Act as being exercisable by a corporation formed for the purpose of exercising the powers of an association of any condominium created pursuant to the Condominium Act.
Each person owning a unit (as defined in the Declaration) in WOODLANDS OF ATHENS COTTAGES, a condominium shall automatically be a member of the Association, which membership shall continue during the period of such ownership by such unit owner.
The directors shall be elected in the manner set forth in the by-laws of the Association.
7.
The initial registered office of the Association shall be at 2405 West Broad Street, Athens, Georgia 30606. The initial registered agent of the Association shall be Thomas W. Scott, III..
8.
The initial Board of Directors of the Association shall number two (2), and the name and address of each person who is to serve as a member thereof is as follows:
Thomas W. Scott, III David R. Mulkey
2405 West Broad Street 126 Briarcliff Road, Suite 9
Athens, Georgia 30606 Athens, Georgia 30606
The name and address of the incorporator is:
Monica K. O'Steen
440 College Avenue North
Athens, Georgia 30601
IN WITNESS WHEREOF, the undersigned has executed these Articles of Incorporation.
By:\ Unus Ost
_(SEAL) MONICA K. O'STEEN, Incorporator
MONICA K. O'STEEN
BLASINGAME, BURCH, GARRARD, BRYANT & ASHLEY, P.C.
440 College Avenue North
ATHENS, GEORGIA 30601
(706) 354 4000