FairwaysDECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS
FOR
TtlE FAIRWAYS
HYATT & RHOADS, P.C.
Attorneys
2400 Marq~fis One Tower
Atlanla, Georgia 30303
(404) 659-6600
- TABLE OF CONTENTS -
A.r.t.i~J.e
I.
II.
III.
IV.
Vo
VI.
DEFINITIONS
PROPERTY SUBJECT TO THIS DECLARATION
?.age.
1
1
1. Property Hereby Subjected To This Declaration ............ 1
2. Other Property ............................................ 2
ASSOCIATION MEMBEIqSHIP AND VOTING RIGHTS
Membership ................................................ 2
Voting .................................................... 2
ASSESSMENTS 2
1. Purpose of Assessment ..................................... 2
2. Creation of the Lien and Personal Obligation
[or Assessments ........................................... 2
3. Computation ............................................... 3
4. Special Assessments ....................................... 4
5. Lien for Assessments ...................................... 4
6. Effect of Nonpayment of Assessments: Remedies of
the Association ........................................... 5
7, Date of Commencement of Assessments ....................... 6
8. Assessments by Declarant .................................. 6
9. Specific Assessments ...................................... 6
MAINTENANCE 7
I. Association's Responsibility .............................. 7
2. Owner's Responsibility .................................... 7
3. Party Walls ............................................... 8
USE RESTRICTIONS AND RULES 8
1. General ................................................... 8
2. Residential Use ........................................... 9
3. Signs ..................................................... cj
4, Parking and Garages ....................................... 9
5. Leasing.,; ................................................ 10
6. Occupants Bound ........................................... 10
7. Animals and Pets .......................................... 10
8. Nuisance .................................................. 10
9. Unsightly or Unkempt Conditions ........................... 11
10. Architectural Standards ....................... ; ........... 1'1
11. Antennas .................................................. 11
'12. Clotheslines, Garbage Cans, Woodpiles, Etc ................ 11
13. Subdivision of Unil. .......................................
14. Local Ordinances .......................................... 12
A r.t.i.c_l_e
VII.
VIII.
IX.
Xl.
Xll.
S~.i.OI} P__a.g~
INSURANCE AND CASUALTY LOSSES 12
1. Irtsurance
2. individual
3. Damage and
4. Damage and
for Common] Property ............................. 12
Insurance ...................................... 14
Destruction .................................... 14
Destruction -- Insured by Owners ............... 15
CONDEMNATION 15
ANNEXATION OF ADDITIONAL PROPERTY
15
1. Annexation Without Approval of Membership ................. 15
2. Annexation With Approval of Membership ....... , .............. 16
MORTGAGEE PROVISIONS 16
Notices of Action ......................................... 17
Special FHLMC Provision ................................... 17
No Priority ............................................... 18
Notice to Association ..................................... 18
Amendments by Board ....................................... 18
VA/ttUD Approval ........................................... 18
Applicability of This Article ............................. 18
Failure of Mortgagee to Respond ............................ t9
EASEMENTS 19
1. Easements for Encroachment and Overhang .................. 19
2. Easements for Use and Enjoyment .......................... 19
3. Easeme[~ts for Utilities .................................. 20
4. Easement for Entry ....................................... 20
5. Easements to Serve Additional Property ................... 2'1
GENERAL PROVISIONS
21
4.
5.
G.
7.
8.
9.
10.
1'1.
13.
'14.
Enforcement .............................................. 21
Self-Help ................................................ 2'I
Duration ................................................. 22
Amendment ................................................ 22
Partition ................................................ 23
Gender and Grammar ....................................... 23
Severability ............................................. 23
Captions ................................................. 23
Preparer ................................................. 23
Conveyances of Common Property ........................... 23
Perpetuities ............................................. 23
Indemnification ................................ ' .......... 23
Construction and Sale Period ............................. 24
Contracts Executed During Declarant Control .............. 24
A r_~_ic.)e
'15. Rooks and Records ........................................ 25
IB. Financial Review ......................................... 25
17. Notice of Sale or Lease .................................. 25
18. Variances ................................................ 25
19. Security ................................................. 26
20. Equitable Appointment as Declarant ....................... 26
2637g--'I0/17/90
DECLARAT ION OF COVENANTS, COND I T IONS, AND RESTR I CT IONS
FOR
TIlE FAIRWAYS
Tills DECLARATION is made on the date hereinafter set forth by
Fairways Village Development Corporation, a Georgia corporation (hereinafter
sometimes called "Declarant");
W I TNE SSE TH
WHEREAS, Declarant is the owner of the real property described in
Article I[, Section 1, of this Declaration; and
WHEREAS, Declarant desires to subject the real property described
in Article II, Section 1, hereof to the provisions of this Declaration to
create a residential community of single-family housing and to provide for
the subjecting of other real property to the provisions of this Declaration;
NOW, TIIEREFORE, Declarant hereby declares that tile real property
described in Article II, Section 1, of this Declaration, including the
improvements constructed or to be constructed thereon, is hereby subjected
to the provisions of this Declaration and shall be held, sold, transferred,
conveyed, used, occupied, and mortgaged or otherwise encumbered subject to
the covenants, conditions, restrictions, easements, assessments,
and liens, hereinafter set forth, which are for the purpose of protecting
the value and desirability of, and which shall run with the title to; the
real property hereby or hereafter made subject hereto, and shall be binding
on all persons having any right, title, or interest in all or any portion of
the real property now or hereafter made subject hereto, their respective
heirs, legal representatives, successors, successors-in-title, and assigns
and shall inure to the benefit of each and every owner of all or any portion
thereol.
Article I
D~f in i dons
Unless the context shall prohibit, certain words used in this
Declaration shall have the definitional meaning set forth in Exhibit
attached hereto and by reference made a part hereof.
Article
Sect ion 1. P.r_op~.r._ty._.Hereby .Subjec_Led_T_p_.'rhis__D_e_c.l_a_r.8.t io.n. The
real property which is, by the recording of this Declaration, subject to the
covenants and restrictions hereafter set forth and which, by virtue of the
recording of this Declaration, shall be held, transferred, sold, conveyed,
used. occupied, and mortgaged or otherwise encumbered subject to this
Declaration is the real property described in Exhibit "B", attached hereto
and by re[erence made a part hereof.
Section 2. Otl)e_r....Prope.r~y. Only the real property described in
Section 1 of this Article II is hereby made subject [o this Declaration;
provided, however, by one or more Supplementary Declarations, Declarant and
the Associalion have the ri.qht, but not the obligation, to subject other
real property to this Declaration, as hereinafter provided.
Article I11
&[~.c_Lat ion IVl_~.m_b_e_r_ship_a__nd_ VoL.Ln_g Rights
Section 1. Memb..e_r_s_bip. The Declarant and every Person who is the
record owner of a fee or undivided fee interest in any Unit that is subject
to this Declaration shall be deemed to have a membership in the
Association. Tile foregoing is not intended to include Persons who hold an
interest merely as security for the performance of an obligation, and the
.qiving of a security interest shall not terminate the Owner's membership.
No Owner, whether one or more Persons, shall have more than one (1)
membership per Unit. In the event of multiple Owners of a Unit, votes and
rights of use and enjoyment shall be as provided in this Declaration and in
the By-Laws. Membership shall be appurtenant to and may not be separated
from ownership o! any Unit. The rights and privileges of membership,
including the right to vote and to hold office, may be exercised by a Member
or tile Member's spouse, but in no event shall more than one (1) vote be cast
nor of[ice held for each Unit owned.
Section 2. _V. qt_i.~)g. Members, incl,ding the Declarant, shall be
entitled to one (1) vote for each Unit owned. When more than one Person
holds an ownership interest in any Unit, the vote for such Unit shall be
exercised as those Owners themselves determine and advise the Secretary
prior to any meeting. In the absence of such advice, the Unit's vote shall
be suspended in the event more than one Person seeks to exercise it.
Article IV
A_s_s_e.s_sm~EfLs
Section 1. Purpose_of ~ssessment, 'fbe assessa)ents provided for
herein shall be used for the general purposes of promoting the recreation,
health, safety, welfare, common beoefit, and enjoyment of the Owners and
occupants of Units, including tile mRintenance of real and personal property,
all as may be more specifically authorized from time to time by the Board of
Di rectors.
Section 2.
._As_s~s_s~ept..s. Each Owner of any Uni t, by acceptance of a deed therefor,
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whether or not it shall be so expressed in such deed, covenants and agrees
to pay to the Association: fa) annual assessments or charges; (b) special
assessments, such assessments to be established and collected as hereinafter
provided; and (c) specific assessments against any particular Unit which are
established pursuant to the terms of this Declaration, including, but not
limited to, reasonable fines as may be imposed in accordance with the terms
of this Declaration. All st, ch assessments, together with late charges,
interest (not to exceed the maximum legal rate), costs, and reasonable
attorney's fees actually incurred, sl3all be a charge on the land and shall
be a continuing lien upon the Unit against which each assessment is made.
Each such assessment, together wi th late charges, interest, costs, and
reasonable attorney's fees actually incurred, shall also be the personal
obligation of the person who was the Owner of such Unit at the time the
assessment fell due. Each Owner shall be personally liable for his or her
portion of each assessment coming due while he or she is the Owner of a
Unit, and bis or her grantee shall be jointly and severally liable for such
portion fhereof as may be due and payable at the time of conveyance;
provided, however, the liability of a grantee for the unpaid assessments of
its grantor shall not apply to any first Mortgage holder taking title
through foreclosure proceedings or deed in lieu of foreclosure.
The Association shall, within five (5) days after receiving a
written request and for a reasonable clmrge, furnish a certificate signed by
an officer or agent of the Association setting forth whether the assessments
on a specified Unit have been paid. A properly executed certificate of the
Association certifying the status of assessments on a Unit shall be binding
upon the Association as of the date of issuance.
Assessments shall be levied equally on all Units and shall be paid
in such manner and on such dates as may be fixed by the Board of Directors.
Upon ten (10) days' written notice, the Board may accelerate the annual
assessment tot delinquents. Unless otherwise provided by the Board, the
assessment shall be paid in monthly installments.
Section 3. CO~p~_ta~..iQ.~...O_[.Budget. It shall be the duty of tire
Board to prepare a budget covering the estimated costs of operating the
Association during tile coming year, wl~icb shall include a capital
contribution or reserve in accordance with A capital budget separately
prepared.
The assessment to be levied against each Unit for the coming year
shall be set at a level which is reasonably expected to produce total
revenue to the Association equal to the total budgeted common expenses,
including reserves. In determining the level of assessments, the Board, in
its discretion, may consider other sources of funds available to the
Association. In addition, the Board shall take into account the number of
Units m~bject to assessment on the first day of the fiscal year for which
the budget is prepared and the number of Units reasonably anticipated to
become subject to assessment during tile fiscal year. So long as the
Declarant has tile right unilaterally to annex additional property pursuant
Io Arlicle IX on an annual basis, the Declarant may elect, but shall not be
obligated, fo reduce the assessment for any fiscal year by payment of a
subsidy. However. any Declarant subsidy shall be conspicuously disclosed as
a line item ir] tile income portion of the co,non expense budget. If the
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Declarant elects to pay a subsidy the amount of the subsidy shown on the
budget shall be an estimate only and the Declarant shall only be obligated
to fund such subsidy to the extent of any actual operating deficit. The
payment of a subsidy in one year shall under no circumstances obligate the
Declarant to co~]tinue payment of a subsidy in future years.
In order to fund initial costs of operating the Association, the
Board is authorized to obtain a loan fron the Declarant to provide for
initial capitalization of the Associalion. Any such loan shall be interest
free and shall be disclosed in tile budget of the Association for the year in
wbicb it is obtained, in the financial statements, and in the books and
records of the Association.
The Board shall cause the budget and the assessments to be levied
against each Unit for the following year to be delivered to. each Member at
least tblrty (30) days prior to the end of the current fiscal year. The
budget and the assessment shall become effective unless disapproved at a
meeting by a Majority of the total Association vote and the Declarant (so
long as tile Declarant bas an option unilaterally to subject additional
property to the Declaration as provided in Article IX). There shall be no
obligation to ca{I a meeting for the purpose of considering the budget
except on petition of the Members as provided in the By-Laws. The petition
must be presented to the Board within ten (10) days of delivery of the
notice of assessments. Notwithstanding the foregoing, however, in the event
the membership disapproves the proposed budget or the Board fails for any
reason so to determine the budget for the succeeding year, then and until
such time as a blJdget shall have been determined, as provided herein, tile
budget in effect for the then current year shall continue for the succeeding
year.
Section 4. Spe~ia!.A~ses_smffn.~s. In addition ~o the other
assessments authorized herein, the Association may levy special assessments
from time to time. So long as the total amount of special assessments
allocable to each Unit does not exceed Three Hur]dred ($300.00) Dollars in
any one fiscal year, the Board may impose the special assessment. Any
special assessment which would cause the amount of special assessments
allocable to any Unit to exceed this limitation shall be effective only if
approved by a Majority of the total Association vote and the Declarant (so
long as the Declarant has an option to unilaterally subject additional
property to this Declaration as provided in Article IX). Special
assessments shall be paid as determilled by the Board, and the Board may
permit special assessments to be paid in installments extending beyond the
fiscal year in which the special assessment is imposed.
Section 5. .L.ie~.f.or..Ass~sments. All sums assessed against any
Unit pursuant to this Declaration, together with late charges, interest,
costs, and reasonable attorney's fees actually incurred, as provided herein,
shall be secured by a lien on such Unit in favor of the Association. Such
lien shall be superior to all other liens and encumbrances on such Unit,
except for la) liens of ad valorem taxes; or lb) liens for all sums unpaid
on a first Mortgage or on any Mortgage to Declarant duly recorded in the
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land records of Fayette County, Georgia, and all amounts advanced pursuant
to stJch Mortgage and secured thereby in accordance with the terms of such
instrument.
All other persons acquiring liens or encumbrances on any Unit after
this Declaration shall have been re~orded in such records shall be deemed to
consent that such liens or encumbrances shall be inferior to future liens
for assessments, as provided herein, whether or not prior consent is
specifically set forth in the instruments creating such liens or
encumbrances.
Sec t i on 6. E._f. [~c t__~.f..__Np.npaymen t_ _o f.._A~sessn_)e~)~t s.:.__Rem_ ed.i. es___of_~~
As.s(~ciation. Any assessments which are not paid when due shall be
delinquent. Any assessment delinquent for a period of more than ten (10)
days shall incur a late charge in an amount as the Board may from time to
time determine. The Association shall cause a notice of delinquency to be
given to any Membe~ who has not paid wi thin ten (10) days following the due
date. If the assessment is not paid within thirty (30) days, a lien, as
herein provided, shall attach and, in addition, the lien shall include the
late charge, interest, not to e,xcee¢l the maximum legal rate, on the
principal amount due, and all late charyes from the date first due and
payable, all costs of collection, reasonable attorney's fees actually
inctjrre(I, and any other amounts provided or permitted by law. In the event
that the assessment remains unpaid afier sixty (GO) days, the Association
may, as the Board shall determine, institule suit to collect such amounts
and Io foreclose its lien. Each Ow~er, by acceptance of a deed or as a
party [o any other type of a conveyance, vests in the Association or its
agenls the right and power to bring all actions against him or her,
personally, for the collection of such charges as a debt or to foreclose the
aforesaid lien in the same manner as other liens for the improvement of real
property. The lien provided for in this Article shall be in favor of the
Association and shall be for the be~efit of all other Owners. The
Association, acting on behalf of the Owners, shall have the power to bid on
the Unit at any foreclosure sale or [o acqt~ire, hold, lease, mortgage, or
convey the same. No Owner may waive or otherwise except I.iability for the
~ssessments provided for herein, including, by way of illustration, but not
limitation, abandonment of the Unit.
No Owner may waive or otherwise exempt himself or herself Irom
liability for assessments, by abandoning the Unit or in any other manner.
The obligation to pay assessments is a separate and independent covenant on
the part of each Owner and no red~.~ction of any assessment shall be claimed
or allowed by reason of (a) any alleged failure of the Association to take
some action or perform some f[~nction required to be taken or performed by
the Association under this Declaration or tim By-Laws, ~,b) for inconvenience
or discomfort arising from the making of repairs or improvements which are
the responsibility of the Association, or (c) from any action taken by the
Association to comply with any law, ordinance, or with any order or
directive of any municipal or other governmental authority.
All payments shall be applled first to costs and attorney's fees,
then to late charges, then interest and then to delinquent assessments.
-5-
Sect ion 7. Da_t(~ o_f__C.o_mmen(;ement_.o.f_A, ss_e.ss.~en_ts. Assessments shall
commence as to a Unit on the first (lay of the month following the conveyance
of the Unit to a Person other than tile Declarant, Units whicll have not been
conveyed ~s provided above shalr not be subject to assessment. However,
assessments shall commence on Units containing residences that are owned by
Declarant on the first day of the month following the issuance of a
certificate of occupancy for the residence constructed on the Unit.
Assessments shall be due and payable in a manner and on the schedule that
the Board of Directors provides. The first annual assessment shall be
adjusted according to the number of months then remaining in that fiscal
year.
Sect ion 8. ^.ssessmen.ts._by__D_e.(~_l.ar~n.t. Notwi thstanding anything to
the contrary herein, the Declarant may contribute assessments due from it,
if any, in services or materials or a combination of services and materials,
rather than in money (herein col l'ectively called "in kind contribution").
]he amount by which monetary assessments shall be decreased as a result of
any in kind contribution shall be the fair market value ol~ the
contribution. If the Declarant and the Association agree as to the value of
any contribution, the value shall be as agreed. If the Association and the
Declarant cannot agree as to the value of any contribt~tion, the Declarant
shall supply the Association wlth a detailed explanation of the service
performed and material furnished, and the Association shall acquire bids for
performing like services and furnishing like materials from three (3)
independent contractors approved I)y the Declarant who are in the business of
provi~ling such services and materials. If the Association and the Declarant
are s~{ll unable to agree ol~ tile value of the contribution, tile value shall
he deemed to be the average of' the bids received from the independent
coltt factors.
Section 9. Spe. cifi.c._Ass, essmen~s. The Board shall have tile power
to specilicatly assess pursuant to this Section as, ill its discretion, it
shall deem appropriate. Failure of the Board to exercise its authority
trader this Section shall not be grounds for any action against the
Association or the Board of Directors and shall not constitute a waiver of
the Board's right to exercise its authority under this Section in the future
with respect to any expenses, including an expense for which the Board has
not previously exercised its authority under this Section, Fines levied
pursuant to Article XII, Section 1 and the costs of maintenance performed [,y
tile Association which the Owner is responsible for under Article V,
Section 2 shall be specific assessments. The Board may also specifically
assess Units for the following Association expenses, except for expenses
incurred for maintenance and repair of items which are the maintenance
responsibility of the Association:
fa) Expenses of the Association which benefit less than all of the
Units may be specifically assessed equitably among all of the Units which
are benefited according to the benefit received.
(bi Expenses of the Association which benefit all Units, but which
do not provide an equal benefit to all Units, may be assessed equitably
among all Units according to the benefit received.
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Article V
Section 1. A~_~sq_c_ia_t_i_.o.n.'__s~...R.e~po.n__s_ibi_.li.t.y, The Association shall
maintain and keep in good repair the Common Property. This maintenance
shall include, without limitation, maintenance, repair, and replacement,
subject to any insurance then in effect of all landscaping and improvements
siluated on the Common Property including, without limitation, all entry
features, streets, and street lights. The Association shall maintain and
keep in good repair, but shall not be responsible for replacement of, all
landscaping grounds areas within the boundaries of Units and all roof leaks
on the residences, the Association shall clean but not repair or replace
all g~tters located on residences. The Association shall maintain and keep
in good repair all water and sewer pipes or facilities which serve more than
one (I) Unit, whether located within or without a Unit's boundaries.
The Association shall have tile right, but not the obligation, to
maintain property not owned by the Association including, without
limitation, green belt area located adjacent to the Community, where the
Board has determined that such maintenance would benel'it all Owners.
The foregoing maintenance shall be performed consistent
with the Community-Wide Standard.
Section 2. Own~.[.'.~s.Bespo_ns.ibi.l. ity. Except as provided in
Sect ion '1, above, all maintenance of the U~lit including, without limitation,
all slructures and parking areas, shall be the responsibility of the Owner.
Such maintenance shall be performed consistent with this Declaration and the
Community-Wide Standard established pursuant hereto.
In tile event that the Board of Directors of the Association
determines that (a) any Owner has failed or refused to discharge properly
his obligal, ions with regard to the maintenance, repair, or replacement of
items for which he is responsible hereunder; or (b) that the need for
maintenance, repair, or replacement, which is the responsibility of the
Association hereunder, is caused through the willful or negligent act of an
Owner, his or her family, guests, lessees, or invitees, and is not covered
or pai(I for by insurance, in whole or in p~rt, then, the Association may
perform the repair, replacement or maintenance and shall, except in the
event of Rn emergency situation, give the Owner written notice of the
Association's intent to provide such necessary maintenance, repair, or
replacement, ~t Owner's sole cost and expense. The notice shall set forth
wi th reasonable particularity the maintenance, repairs, or replacement
deemed necessary. The Owner shall have ten (10) days wi thin which to
complete st~ch maintenance, repair, or replacement, or, in the event that
such maintenance, repair, or replacement is not capable of completion within
a ten (10) day period, to commence such work which shall be completed within
a reasonable time. I[ any Owner does not comply wilh the provisions hereof,
the Association may provide any such mainte[~ance, repair, or replacement at
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Owner's sole cost and expense, and all costs shall lie added to and become a
part of the assessment to wblch such Owner is subject and shall become a
lien against tile Unit.
Sec t
(al Genera.t. Rul_e_s_.of. Law to AppJy. Each wall built as a part of
tim original construction of the Units which shall serve and separate any
two (2) adjoining Units shall constitute a party wall and, to the extent not
inconsistent with the provisions of this Section, the general rules of law
regarding party walls and liabilily for property damage due to negligence or
willful acts or omissions shall apply thereto.
(bi Shar.ing._..o_f_.Repa[r_.~n.d_Mai_ntenan.ce. The cost of reasonable
repair and mainlenance of a party wall shall be shared by the Owners who
make use of the wall in equal proportions.
lc) Damage__and_.Oe$)..~uc. tj.on. If a party wall is destroyed or
damaged by fire or other casualty, then to the extent that such damage is
not covered by insurance and repaired out of the proceeds of insurance, any
Owner who has used the wall may restore it, and if the other Owner or Owners
thereafter make use of the wall, they shall contribute to the cost of
restoralion thereof in equal proportions without prejudice, however, to the
right of any such Owners to call for a larger contribution from the others
raider any rule of law regarding liability for negligent or willful acts or
omi ssions.
(¢1) Righ_t..t~)._C.o_nt.r. ib~.tion..[luns. Wi th_L_a._nd. The right of any owner
1o contribution from any olher owner under this Section shall be appurtenant
to the land and shall pass to such owner's successors-in-title,
(el A.r_bi. Lr.a_t..iQ.n. In tile event of any dispute arising concerning a
party wall, or u,tder tile provisions of this Section, each party shall
appoint one (l) arbitrator. Should any party refuse to appoint an
arbitrator within ten (tO) clays after written request therefor by the Board
of Directors, the Board shall appoint an arbitrator for the refusing party.
The arbitrators thus appointed shall appoint one (1)additional arbitrator
and tile decision by a majorily el all three (3) arbitrators shall be binding
upon the parties and shall be a condition precedent to any right of legal
action that either party may have against the other.
Article VI
U s.e__R.e.s_L.r_i_c t j o~s_and_RuJ_es
Section 1. g. en. eral., The Board of Directors may, from time to
time, without consent of the Members, promulgate, modify, or delete use
restrictions and rules and regulat ion.~ applicable to the Units and tile
Common Property. This authority shall include, but shall not be limited to,
the right to limit the type and size and to set the maximum and minimum
speeds of vehicles within the Community. The Association shall also have
the authority to impose all other necessary traffic and parking regulations
and to restrict the maximum noise levels of vehicles in the Community. Such
regulations an(J use restrictions shall be binding upon all Owners and
occupants until and unless overruled, cancelled, or modified in a regular or
special meeting by the vote of Members holding.a Majority of the total votes
in the Association and by the consent of the Declarant (so long as the
Declarant has an option unilaterally to subject additional property to this
Declaration as provided in Article IX). '~he foregoing notwithstanding, the
Association shall not, without the consent of Declarant, so long as
Declarant hRs an unexpired option to subject property to this Declaration,
adopt, modify, or delete any use restriction, rnle, or regulation concerning
new construction without the written consent of Declarant,
Section 2. Resjd¢.ntial_Use. Each Unit shall be used for
residential purposes only, and no trade or business of any.kind may be
conducted in or from a Unlt or any part of the Community, including business
uses ancillary to a primary residential use, except that the Owner or
occupant residing in the residence on a Unit may conduct such ancillary
business activities within the residence so long as fa) the existence or
operation of the business activity is not apparent or detectable by sight,
sound, or smell from the exterior of the residence; (b) the business
activity does not involve persons coming onto the Community who do not
reside in the Community or door-to-door sol icitation of residents of the
Community; (c) the business activity conforms to all zoning requirements for
the Community; and ((I.~ the business activity is consistent with the
residential character of the Community and does not constitute a nuisance or
a hazardous or offensive use. or threaten the security or safety of other
residents of the Community, as may be determined in the sole discretion of
tile Board of Directors.
The terms "business" and "trade," as used in this provision, shall
be construed to have their ordinary, generally accepted meanings, and shall
include, without limitation, any occupation, work, or activity undertaken on
an ongoing basis which involves the provision of goods or services to
persons other than the provider's family and for which the provider receives
a fee, compensation, or other form ol consideration, regardless of whether:
fi) the activity is engaged in full or part-time; (ii) the activity is
intended to or does generate a profit; or (iii) a license is required [or
the activity. Notwithstanding the above, the leasing of a Unit or the use
of ~ Unit by an on-site management company operating on behalf of the
Association shall not be considered a trade or business within the meaning
o~ this Section.
Section 3. ~gqs.. No sign of any kind shall be erected by an
Owner within the Community without the written consent of the Board. The
Board shall have the right to erect reasonable and appropriate signs.
Section 4. parking 3nd.Garages. The term "vehicles," as used in
this provislo~, shall i~clude without limitation, motor homes, boats,
trailers, motorcycles, minibikes, scooters, go-carts, trucks, campers,
buses, vans, and automobiles. All vehicles shall be parked within garages,
driveways or other paved parking areas located on a Unit except that guests
-9-
and service vehicles may park along streets for reasonable periods of time
as determined by the Board. Parking in yards is prohibited. If the Unit
includes a garage with exterior doors, tile doors shall be kept closed at all
times, except during times of entry and exit from the garage, or when
someone is working in or around the garage.
All commercial vehicles, tractors, mobile homes, trailers (either
with or without wheels), campers, camper trailers, boats and other
watercraft, boat trailers, motorcycles, minibikes, scooters, and golf carts
must I.)e parked within a garage unless otherwise permitted by the Board. No
garage may be altered in such a manner that the number of automobiles which
may reasonably be parked therein after the alteration is less than tile
number of automobiles that could have reasonably been parked in the garage
as originally constructed.
Section 5. _L_~asi_ng. Units may be leased for resi~lential purposes.
Section 6. Occt~pan~_.ts___B_ound. All provisions of the Declaration and
of ar~y rules and regulations or use restrictions promulgated pursuant
thereto which govern the conduct ot' Owners and which provide for sanctions
against Owners shall also apply to all occupants of any Unit.
Section 7. Anima.l.s__~nd_.P__e_ts. No animals, livestock, or poultry of
any kind may be raised, bred, kept, or permiltod on any Unit, with the
exceplinn of clogs, cats, or other usuRI and common household pets in
reasonable number, as determined by the Association; provided, however,
those pets which are kept, bred, or maintained for any commercial purpose,
permitted to roam tree. or, in the sole discretion of the Association,
endanger the health, make objectionable noise, or constitute a nuisance or
inconvenience to the Owners of other Units or tile owner of any property
located adjacent to tile Community may be removed by the Association. Dogs
which are household pets shall at all times whenever they are outside a Unit
be con[ined on a leash. Dogs shall be walked only in those areas designated
by tile Associat ion.
Section 8. N__Uj.s_a.o. ce~. it shall be the responsibility of each Owner
to prevent the development of any unclean, unhealthy, unsightly, or unkempt
conditim~ of his or her Unit. No Unit shall be used, in whole or in part,
for the storage of any property or thing that will cause such Unit to appear
to he in an unclean or untidy condition or that will be obnoxious to the
eye; nor shall any substance, thing, or material be kept upon any Unit that
will emit foul or obnoxious odors or that will cause any noise or other
condition that will or might disturb the peace, quiet, safety, comfort, or
serenity of the occupants of surrounding property. No noxious or offensive
activity shall be carried on upon any Unit, nor shall anything be done
thereon tending to cause embarrassment, discomfort, annoyance, or nuisance
to any person using any property adjacent to the Unit. There shall not be
maintained any plants or animals or device or thing of any sort whose
activities or existence in any way is noxious, dangerous, unsightly,
unpleasant, or ota nature as may diminish or destroy the enjoyment of tim
Comlnun i ry.
-10-
Section 9. Y.n_~.i.g.lLt.~ly__o_.r_~t]kemp_t__~0Qdi3.[Q_.n_s.. The pursuit of
hobbies or other activities, including specifically, without limiting the
generality of the foregoing, the assembly and disassembly of motor vehicles
and other mechanical devices, which might tend to cause disorderly,
unsightly, or red, erupt conditlons, shall not be pursued or undertaken in any
part of the Comn~m~ity,
Section '10. _A...~h_i.t_e_¢.t~_r.a~_!_.Stand~rds, No exterior
alteration, addition, or erection o! any nature whatsoever
commenced or placed ,pon any part o[ the Community, except
instal led by the Declarant or as is approved in accordance
Section. No exterior construction, addition, erection, or
construction,
shall be
such as is
with this
alteration shall
be made unless and until the plans and specifications showing the nature,
kind, shape, height, materials, and location shall have been submitted in
wriling to and approved by the Board or its designee. The Boord or its
designee may promulgate written guidelines for the exercise o! this review.
Tile Board or its designee shall be the sole arbiter of such plans
and may withhold approval for any reason, including purely aesthetic
considerations, and it shall be entitled to stop any construction in
violation of these restrictions. Any member of the Board or its
representatives shall have the right, during reasonable hours, to enter upon
any Unil lo inspect any Unit and any improvements thereon for the purpose o[
ascert..'zining whether or not these restrictive covenants bare been or are
being co,q)lied wi Ill. Such person or persons shall not be deemed guilty of
trespass by reason of such entry. In the event the Board or its designee
fails to approve or to disapprove such design and location within sixty (O0)
days after the plans and specifications have been submitted to it, approval
will not be required, and this Section will be deemed to bare been tully
compl led wi th.
In addition, all exierior construclion, alterations, additions or
erections are subject to the ordinances of Peachtree City, Georgia.
Section lt. ^rites_nas. No exterior antennas, aerials, satellite
dishes, or other apparatus for transmission o! television, radio, satellite
or other signals of any kind shall be placed, allowed, or maintained upon
any portion o! the Con~nunity, including any Unit, without the prior written
consent of the Board or its designee. The Association may erect an aerial
[or a master antenna system, should any such master system or systems be
utilized by the Association and require any such exterior antenna.
Sect ion 12. ~;_l.(~.t.h_e$.]_ine~s,.._Garb__age. _Caos.,.._W.o_odpi !.e~.,..E_tc__, AI I
clotheslines, garbage cans, woodpiles, and other similar items shall be
located or screened so as to be concealed from view ol neighboring Units
Come, on Property and the street on which the Unit (on which the item is
located) fronts, All debris, rubbish, trash, and garbage sball be regularly
removed and shall not be al lowed to accumulate.
Section 13. Subdi.yi~.i_o!!_O_[.Unit. No Unit shall be subdivided or
its ho~mdary lines changed except wilh the prior w'ritten approval o[ the
Board or its designee. Declarant, however, hereby expressly reserves the
right to replat any Unit or Units owned by Oec{arant, Any such division,
boundary line change, or replatting shall not be in violation of tim
applicable subdivision and zoning regulations.
Seclion 14. Local_..O.rdi.o;~nces. All use ot' Units within the
Community is also subject to the ordinances of Peachtree City, Georgia, and
all other governmental entities having jurisdiction over the Community.
Article VII
.Lr~.s~ .r_a_n.c~_e_ a n d _~C_a_$~u a_[I _t y I.~o_s_s_e_,~
Sect ion 1. lasprance__.for.Common.propert.y. The Association's Board
of Directors or its duly authorized agent shall have the authority to and
shall obtain insurance for all insurable improvements on the Common
Property. This insurance shall cover loss or damage by fire or other
hazards, including extended coverage, vandal ism, and malicious mischief and
shall be in an amounf sufficient to cover the t'ull replacement cost of any
repair or reconstruction in the event of damage or destruction from any such
haza rd.
The Board shall ohtain a public liability policy applicable to the
Con~mon Property cove~ing tim Association and its Members for all damage or
injury caused by the negligence of the Association or any of its Members or
agents, and, if reasonably available, directors' and officers' liability
in.surance. The public liability policy shall have a combined single limit
of at least One Mill ion ($1,000,000.00) l)ollars.
Premiums for all insurance shall be common expenses of the
Association. ]he policies may contain a reasonable deductible, and the
~mount thereof shall be added to the face amoont of the policy in
determiniug whether the insurance at least equals the full replacement cost.
All such insurance coverage obtained by the Board of Directors
shall be written in the name of the Association, as trustee, for the
respective benefitted parties, as further identified in subparagraph (b),
below. Such insurance shall be governed by the provisions hereinafter set
for th:
fa) All policies shall be written with a company licensed to do
business in Georgia and holding a rating of Xl or better in the Financial
Category as established by A.M, Best Company, IGc., if available, or, if not
available, the most nearly equivalent rating,
ti)) Exclusive authority to adjust losses under policies obtained
by the Association shall be vested in the Association's Board of Directors;
provided, however, no Mortgagee having an interest in such losses may be
prohihlted from participating in the settlement negotiations, if any,
related thereto.
-12-
(c) In no event shall the insurance coverage obtained and
maintained by tire Association's Board of Directors hereunder be brought into
contribution with insurance purchased by individual Owners, occupants, or
their Mortgagees, and tim insurance carried by tile Association shall be
pr imary.
(d) All casualty insurance policies shall have an inflation guard
endorsement and an agreed amounl endorsement if these are reasonably
available and all insurance policies shall be reviewed annually by one or
more qualified persons, at least one of whom must be in the real estate
industry and familiar with construction in the Fayette County, Georgia, area.
(e) The Association's Board of Directors shall be required to make
every reasonable eflort to secure insura~ce policies that will provide for
the [ollowi.g:
(i) a waiver of subrogation by the insurer as
to any claims against the Association's Board of Directors, its manager, the
Owners and their respective tenants, servants, agents, and guests;
(ii) a waiver hy the insurer of its rights to repair and
reconstruct instead of paying cash;
(iii) that no policy may be cancelled, invalidated, or
suspended on accotmt of any one or more individual Owners;
(iv) that no policy may be cancelled, invalidated, or
suspended on account of any defect or the conduct of any director, officer.
or employee of the Association or its duly authorized manager without prior
demand in writing delivered to the Association to cure the defect or to
cease the conduct and the allowance of a reasonable time thereafter within
which a cure may be effected by the Association, its manager, any Owner or
Mot tgagee;
(v) that any "other insurance" clause in any policy exclude
individual Owners' policies from consideration; and
(vi) that no policy may be cancelled or substantially
modified without at least ten (lO) days' prior written notice to the
Association.
In addition to the other insurance required by this Section, the
Board shall obtain workmen's compensation ins,.,rance, if and to the extent
necessary, to satisfy the requirements of applicable laws, and a fidelity
bond or bonds on directors, off}ce,'s, employees, and other persons handling
or re.~l)onsible for the Association's funds. The amount of fidelity coverage
shall be determined in the directors' best business judgment. Bonds shall
contain a waiver of all defenses based upon tile excl[,sion of persons serving
without compensation and may not be cancel led or substantially modified
wiihont at least ten [{{)) days' prior written notice to the Association.
Tire Association shall also obtain construction code endorsements, steam
boiler coverage, and flood insurance, if and to the extent necessary to
satisfy the requirements of The Mortgage Corporation or the Federal National
Mortgage Association.
,Section 2. ![)dj.v. id. ua.]....Iosur~r~;.e. Each Owner shall carry blanket
al I-risk casualty insurance on tile Unit and all structures constructed
thereon and a liability policy covering damage or injury occurring on a
Unit. If reasonably available, tile casualty insurance shall cover loss or
damage by [ire and other hazards commonly insured under an "all-risk"
policy, incl~ding vandalism and malicious mischief, and shall be in an
amount sufficient to cover the full replacement cost of any repair or
reconstruction in the event of damage or destruction from any such hazard
and shall name the Association as an additional insured. If all-risk
coverage is not reasonably available, Owners shall obtain, at a minimum,
fire and extended coverage. The policies required hereunder shall be in
effect at all times. Authority to adjust losses under policies obtained by
an Owner shall be vested in the Owner.
Sec t i on 3. Dama_ge__.al].d._Pe.s.t. ruc_t. Lo~.
(a) In Gener. a!. Immediately after the damage or destruction by
fire or other casualty to all or any improvement covered by insurance
wrilten in the name of the Association, tile
Board of Directors or ifs duly authorized agent shall proceed with the
fi ling and adjustment of all claims arising under such insurance and obtain
reliable and detailed estimates of the cost of repair or reconstruction of
tile damaged or destroyed property. Repair or reconstruction, as used in
this paragraph, means repairil~g or restoring tile property to substantially
the same condition and location that existed prior to the fire or other
casua I ty,
(b) .R_epa.i.r__..a_D_d.Re,4_.o_r~_L[.uc_tioo. Any damage or destruction shall be
repaired or reconstructed unless, within sixty (60) days after the casualty
Member.~ holdi~g at least seventy-five (75~) percent of the to~l Association
vote and the Declarant (so long as Ihe Declaran~ has an option unilaterally
to subject additional property Io Ihis Declaration as provided in Arlicle
IX), shall otherwise agree. If for any reason eilher the amoun~ of the
insurance proceeds to be paid as a result of such damage or destruction, or
reliable and detailed estimates of the cost of repair or reconstruction, or
both, are not made available to the Association within such period, then th~
period shall be extended until such information shall be made available;
provided, however, such extension shall not exceed sixty (60) days. No
Mortgagee slmll have [l~e right [o parlicipale in the determination of
whether damage or destruction shall be repairod or reconstructed.
I1' the damage or des[ruction for which the insurance proceeds are
paid is to be repaired or rec~n.~lr~,cted a~)rl such proceeds are not sulficient
to defray the cosl thereof, the Board of Directors shall, without tile
necessity o1: a vote of the Association's Members, levy a special assessment
ngai~st all Owner,~ in proportion to tile m~mber of Units owned by such
Owners. Additional assessments may I)e made ir) like manner at any time
during or following the completion of any repair or reconstruction. If the
funds available from insurance exceed the costs of repair or reconstruction
or il tim improvements are I~ot repaired or reconstructed, such excess shall
be deposited to the benefit of the Association.
In lhe event that it should be determined by tile Association in the
manner described above that the damage or destruction shall not be repaired
or reconstructed and no alternative improvements are authorized, then and in
that event the property shall be restored to its natural state and
maintained as an undeveloped portion of the Common Property by the
Association in a neat and attractive condition.
Section 4. Damag~...an.d..Des.truction_-~_.lnsur.ed_by..Ow!3~rs. Tile
damage or destruclion by fire or other casualty to all or any portion of any
improvement on a Unit shall be repalred by tile Owner wi thin seventy-five
(75) (lays after tile damage or destruction. However, where r, epairs c~nnot be
completed wi thin seventy-five (75)(lays, they shall begin wi Illin the
reqnired period and shall be diligently and continuously pursued until their
completion. Alternatively, the Owner may decide to destroy and remove all
improvements on tile Unit within seventy-five (75) days after such damage or
destruct ion.
Article VIII
(~o[]d_e.!m!a_t.i ~_n_.
If the taking involves a portion of the Common Property on which
improvements have been constructed, then, unless within sixl. y (60) days
after such taking. Members holding at least seventy-five (75%) percent of
the Iotal Association vote and the Declarant (so long as the Declarant has
an option unilaterally to subject property to this Declaration as provided
in Article IX) shall otherwise agree, the Association shall restore or
replace such improvements so t~ken on tile remaining land inclu(.led in the
Common Property to Ihe e×te~t lands are available therefor. The provisions
of Article VII, Section 3, above, applicable to Common Property improvements
damage, shall govern replacement or restoration and the actions to be taken
in the event that the improvements are not restored or replaced.
Article IX
A. 0 o e_x.~._t_j..o~o__o. [__A.dd iJ_[.~_a.!_. P._r._o. p e_r._t y.
Sec t i on 1. Anne~.a~_i_op..~i..tllout._ App_r.o..v_a.l__Qf_..Memb_e.[sh.i p.
with the consent of the owner thereof, Declarant shall have the unilateral
right, privilege, and option from time to time at any time until December
1.998. to subject all or any portion of the real property described in
Exhibit "C", attached hereto and by reference made a part hereof to the
provisions of this Declaration and the jurisdiction of the Association by
filing for record in the Office of the Clerk of the Superior Court of
Fayette Counly a Supplementary Declaration in respect to the property being
annexed. Any such annexatlon shall be effective upon the filing for record
ol such Supplementary Declaration unless otherwise provided therein.
ti) Dec_laran_t. As the owner thereof or, if not the owner,
1,
-15-
(ii) Equitable, Irt the event that Declarant has not
purchased the property described on Exhibit "C" from The Equitable Life
Assurance Society of the United States ("Equitable") on or before the date
which is fourteen (14) months from the date on which this Declaration is
recorded in tile Fayette Counly, Georgia records, Equitable, its successors
and assigns, shall have the right at any time prior to the expiration ct
Declarant's unilateral right to suhject property to this Declaration
pursuant Io subsection fi) above and regardless of whether Equitable is the
"Declarant." to unilaterally suhject the Exhibit "C" property to this
Declaration by following the procedure outlined in subsection fi) above.
Subjeclion of the Exhibit "C" property by Equitable shall not cause
Equitable to be tile "Declaranl" under this Declaration unless it declares
ilself Io he Declarant as provided in Article XII, Section 20 of this
Dec larat ion.
(b) The rights reserved unto Declarant and Equitai)le to subject
additional land to the Declaral. ion shall not and shall not be implied or
cnnstrued so as Io impose any obligalion upon Declarant or Equitable to
subject any of such additional land to this Declaration or to the
juri.~dictlon of the Association. If such additional land is not subjected
to this Declaration. Declarant and Equitable~s reserved rights shall not
impose any obligation on Declarant or Equitable to impose any covenants and
restrictions similar to those contained herein upon such additional land nor
shall such rights in any manner limit or restrict the use to which such
additional land may be put by Declarant or Equitable or any subsequent owner
thereof, whether such uses are consistent wi th tile covenants and
restrictions imposed hereby or not.
Section 2. Ann~at..i_on.W! th._Appr, oy. al. o_f. Membe. r_~hip. Subject to the
consent of tile Owner thereof, upon tile affirmative vote or consent of
Members holding a majority of the total Association vote and the Declarant
(so I,n9 as tile Declarant has a~ optioo to subject additlm~al property to
tile l.~eclarati(m as provi(led above), tile Association may annex other real
property to tile provisions of this Declaration a~d the jurisdiction of tile
Association by filing for record in the Office of Ihe Clerk of the Superior
Court of Fayette County, Georgia, a Supplementary Declaration in respect to
tile property being annexed. Any such Supplementary Declaration shall be
signed by the President and Secretary of the Association, and any such
annexation shall be effective upon tile filing for record of such
Supplementary Declaration, unless otherwise provided therein. The time
within which and the manner in which notice of any such meeting of the
Members of the Association called for the purpose of determining whether
additional property shall be annexed, and the quorum required for tile
transaction ol business at any such meeting, is specilied in the By-Laws of
tile Ansociat ion.
Article
Mo ~'_t g.a g ~e__P_ r_~yj..s
'file tollowing provisions are for tile benefit of holders of first
Mortgages on Units in the Community. The provisions of this Article apply
to both this Declaration and to the By--Laws, notwithstanding any other
provisions c(mtained therein,
Section I. Notices.of Action. An institutional holder, insurer,
or g~arnntor of ,~ (ir.~t Mortgage, who provides written request to the
Association (such request to state the name and address of such holder,
inspirer, or guarantor and the Unit nt~mber) (therefore becoming an "el igible
holder"), will be entitled to timely written notice of:
(al any condemnation loss or any casualty loss which affects a
material portion of the Community or which affects any Unit on which there
is a tirst Mortgage held, insured, or guaranteed by such eligible holder;
(bi any delinquency in the payment of assessments or charges owed
by an Owner of a Unit subject to the Mortgage of such eligible holder, where
such delinquency has continued for. a period ot' sixty (60) days; provided,
however, notwithstanding this provision, any holder of a first Mortgage,
upon request, is entitled to written notice from the Association of any
default in the performance by an Owner o! a Unit of any obligation under the
Oeclaration or [-~y-Laws o[ the Association which is not cured within sixty
(60) days;
(c) any lapse, cancellation, or material modification of any
insurance policy maintained by the Association; or
(d) any proposed action which would require the consent of a
specified percentage of Mortgage holders.
Section 2. Sp~e._ci.a/..!~Jl.L_MC_...Pro_v_i.s_.i_o!.~. So long as required by the
Federal Home Loan Mortgage Corporation (The Mortgage Corporation) and so
long as the U.S. Department of Housing and Urban Development ("HUD") is
insu~i,~g or the Veterans Administration ("VA") is guaranteeing any Mortgage
in the Community, the following provisions apply in addition to and not in
lieu of the foregoing. Unless two-thirds (2/3) of the first Mortgagees or
Owners other than the Declarant give their consent, the Association shall
not:
(al by act or omission seek to abandon, partition, subdivide,
encumber, sell, or frans{er the Common Property which the Association owns,
directly or indirectly (the granting of easements for public utilities or
other similar purposes consistent with the intended use of the Common
Property shall not be deemed a transfer within the meaning of this
subsect i on );
(I)) change the method of determining the obligations, assessments,
dues, or other charges which may be levied against an Owner;
(c) by act or omission change, waive, or abandon any scheme of
regulations or enforcement thereof pertaining to the architectural design or
the exterior appearance and maintenance of Units and of the Common Property
(The issuance and amendment of archilectural standards, procedures, rules,
and regulations or use restrictions shall not constitute a change, waiver,
or abandonment wi thin tile meaning of this subsection,);
(el) fail to maintain fire and extencie(I coverage insurance, as
required hy this Declaration; or
(e) use hazard insurance proceeds for any Common Property losses
for other than the repair, replacement, or reconstruction of such property.
Nolhlng contained ir, Article X, Section 2, of this Declaration
shall be construed to reduce the percentage vote that must otherwise be
obtained under [l,e Declaration for a.y of the acts set out in this Section 2.
First Mortgagees may, jointly or singly, pay taxes or other charges
which are in default and which may or have become a charge against the
Common Property and may pay overdue premiums on casualty insurance policies
or secure new casualty insurance coverage upon the lapse of,an Association
policy, and first Mortgagees malting such pnyments shall be entitled to
i,u, ediate reimbursement from the Association.
Section 3. No..P.r.iority. No provision el~ this Declaration or the
By-Laws gives or shall be construed ns giving any Owner or other party
priority over any rights of the first Mortgagee of any Unit in the case of
distribution to such Owner of insurance proceeds or condemnation awards for
losses to or a taking o! tile Common Property.
Sect ion 4. N_otice...to..Asso. ciatjon. Upon request, each Unit Owner
.~hall be obligated to furnish to the Association the name and address of the
Ilolder of any mortgage encumbering such Owner's Unit.
Section 5. Amendme~ts..by .B~)ard. Should the Federal National
Mortgage Association or the Federal Home Loan Mortgage Corporation
subseqHently delete Rny of their respective requirements which necessitate
the provisions of this Article or make any such requirements less stringent,
the I3oard. without approval of the Owners, may cause an amendment to this
Article to be recorded to reflect such changes.
Section 6. VA/HUD.Approval. As long as the Declarant has the
rigl~t to appoint and remove olficers and directors o! the Association, the
following actions shall require the prior approval of the VA (so long as the
VA is guaranteeing any Mortgage in tile Community), and HUD (so long as HUD
i.~ inst, ring any Mortgage in the Community): anuexation of additional
property to the Community. except for annexation by Declarant or Equitable
in accordance with Article IX, Section 1 hereof pursuant to R previously
approved plan of annexation; mergers and consolidations; dedication of
Common Property to any public entity; dissolution; mortgaging of Common
Property, and material amendment of the Declaration, By-Laws or Articles of
Incorporat ion,
Section 7. Appli.c.abili..ty_of.Th.is At.ti. cl.e. Nothing contained in
this Article shall be construed to reduce the percentage vote that must
o[herwise be obtained under tile Declaration, By-Laws, or Georgia law for any
of tile acts set out in this Article.
-18-
Section 8. Ea.i. lure..o.f.~Mgr_tgage.e..t~_RespQnd. Any Mortgagee who
receives a written request from tile Board to respond to or consent to any
action shall be deemed to have approved such action if tl3e Association does
not ~eceive ~ written response from the Mortgagee within thirty (30) days of
the date of the Association's request.
Article XI
Section 1. E~',sements_fp[ Er)crQachment and Ove. r. hang. There shall
be reciprocal ai')purte~mnt easements for encroachment and overhang as between
each Unil and such porlion or porlions o[ the Common Proper[y adjacent
[hereto or as between ~djacent Units due lo the unintentional placement or
settling or shifting of the improvements construc{ed, reconstructed, or
altered thereon (in accordance with the term~ of this Declaration) to a
distance of not more tha~ five (5) feet, as measured from any point on the
con.on boundary between e~ch Unit and the adjacent portion of the Co.on
Property or as between adjacent Units, as the case may be, along a llne
perpendicular to such boundary at such point; provided, however, in no event
shall an easement ¢or encroachment exist i~ such encroachment occurred due
to willful conduct on the part o~ an Owner, tenant, or the Association.
Sect ion 2. _Ea~.e_me.n._t_s__f.o..r_._U_se__an_d_.._Enj.oymen_t..
(Ri Every Owner of a Unit shall have a right and easement of
ingress and egress, use and enjoyment in and to the Common Property which
shall be appurtenanl Io and shall pass with the title to bis Unit, subject
to the following provisions:
(ii the right of the Association to charge reasonable
admission and other fees for the use of any portion of the Common Property
and to limit tim number o[ guests oi' Unit Owners and tenants who may use the
Common Property;
(ii) the right of the Association to suspend the voting'
rights of a Unit Owner and the right of an Owner to use the recreational
facilities in the Community, if any, for any period during which any
assessment against his Unit which is hereby provided for remains unpaid;
and, for a reasonable period of time for an infraction of the Declaration,
By-Laws, or rules and regulations;
purpose of improving
construction, repair
thereon, and give as
conveyi~g nil or any
the right of the Association to borrow money for the
the Common Property, or any portion thereof, or for
lng or improving any facilities located or to be located
securlty for the payment of any such loan a mortgage
portion of the Co~m~on Property; provided, however, the
lien and encuml)ra~tce of any such mortgage given by the Association shall be
subject and subordinate to any rights, interests, options, easements and
privileges herein reserved or established for the benefit of Declarant, or
any Unit or Unit Owner, or the holder o[ any Mortgage, irrespective of when
executed, .given by Declarant or any Unit Owner encumbering any Unit or other
property located wi thin the Comm~Jnity (any provision in this Declaration or
in ~ny such Mortgage given by the Association to the contrary
notwithstanding, tile exercise of any rigl~ts therein by the holder thereo~ in
~he evm~t of 3 defa~.~lt therennder shall not cancel or terminate any rights,
easement~ or privileges herein reserved or established for the benefit of
Declarant, or any Unit or Unit Owner, or the holder of any mortgage,
irrespective o~ when executed, given by Declarant or any Unit Owner
encumbering any Unit or other property located within the Community). No
mortgage conveying all or a portion of the Common Property shall be
effective unless an instrument agreeing to the Mortgage has been approved by
Members holding at least two-thirds (2/3) of the total Association vote; arid
(iv) the right of tile Association to dedicate or transfer
all or any portion of tile Common Property subject to such conditions as may
be agreed to hy the Members of tile Association. No such dedication or
tra~sf~r shall be effective unless an instrument agreeing to such dedication
or Iransfer has heen approved hy at least two-thirds (2/3) of the total
Association and by Ihe Declarant (so long as the Declarant has an option
m~ilaterally to subject additional property to this Declaration as provided
in Arliele IX. Notwithstanding the above, Peachtree City, Georgia will not
accept dedication of tile streets located in tile Common Property now or in
the fulure.
(h) Any Unit Owner may delegate his or her right of use and
enjoyment in and to the Common Property and facilities located thereon to
tile members of his family, his tenants and guests and shall be deemed to
have made a delegation of all such rights to the occupants et any leased
Unit.
Section 3. Ea..s~e.m_en. ts_.f.o~..U.t_i_!.it_ie_s. There is hereby reserved to
the Association blanket easements upon, across, above and under all property
wi',hi~ the Commu~lity for access, ingress, e(.lress, installation, repairing,
replacing, and maintaining all ulilities serving the Community or any
portion thereof, including, but not limited to, gas, water, sanitary sewer,
telephone and electricity, as well as storm drainage and any other service
such as, but not limited to, a master television antenna system, cable
television system, o~ security system which the Association might decide to
have installed to serve the Community. It shall be expressly permissible
for Ihe Associalion or its designee, as the case may be, to install, repair,
replace, and maintain or to authorize the installation, repairing,
replacing, and maintaining of such wires, conduits, cables and other
equipment related to the providing of any such utility or service. Should
any party furnishing any such utility or service request a specific license
or easement by separate recordable document, the Board shall have the right
to grant such easement,
Section 4. Easement.fo~; Entry. The Association shall have an
easement to enter into any Unit for emergency, security, safety, and for
other pt~rposes reasonably necessary for ti~e proper maintenance and operation
nf Ihe Community, which right may be exercised by tile Association's Board of
Directors, officers, agents, employees, managers, and all policemen,
firemen, ambulance personnel, and similar emergency personnel in the
-20~
perform,'mce of their respective duties, Except in an emergency situation,
entry shall only be during reasonable hours and after notice to the Owner,
It is intended that this right of entry shall include (and this right of
entry shall include) the right of the Association to enter a Unit to cure
any condition which may increase the possibility of a fire or other hazard
in the event an Owner !ails or refuses to cure the condition upon request by
the Board,
,Section 5. Easement~_.!.o.Se. rve..Additj(m.~l..?..r, ope_r_ty. The Declarant
and its duly authorized agents, representatives, and employees, as well as
i ts successors, assigns, licensees, and mortgages, and The Equi table Life
Assurance Society of the United States, its successors and assigns, shall
have and hereby reserves a perpetual, nonexclusive easement over the Common
Property for the purposes of ingress and egress, enjoyment, use, access, and
development o~ the property described in Exhibit "C," wheth, er or not the
Exhibit "C" Property is made subject to this Declaration, This easement
includes, but is not limited to, a right of ingress and egress over the
Common Property for construction of roads and for connecting and installing
utilities on the Exhibit "C" property. Equitable or Declarant, their
successors or assigns, shall be responsible for any damage caused to the
Common Property as a result of vehicular traffic or utility installation or
repair connected with the Exhibit "C" property but shall not be responsible
for any costs associ3ted wi[l~ other maintenm~ce, repair, or replacement of
[l~e Common Proper ry.
Arlicle Xll
Section 1. EnfQ_r_cemen.~. Each Owner and every occupant of a Unit
shall comply strictly with the By-Laws, the rules and regulations, the use
restrictions, as they may be lawfully amended or modified from time to time,
and with tile covenants, conditions, anti restrictions set forth in this
Declaration and in the deed to his or her Unit, if any. The Board o!
Directors may impose fines or other sanctions, which shall be collected ~s
provided herein for the collection of assessments. Failure to comply with
this Declaration, Ihe By-Laws or the rules and regulations shall be grounds
for an action to recover sums due for damages or injunctive relief, or both,
maintainable by the Board o! Directors, on behalf of the Association, or, in
a proper case, by an aggrieved Owner. Failure by the Association or any
Owner to enforce any of tile foregoing shall in no event be deemed a waiver
o! the right to do so thereafter.
Section Z. Se!..f._-...H. el.p. In addition to any other remedies provided
for herein, the Association or its duly authorized agent shall have the
power to enter upon a Unit or any portion of the Common Property to abate or
remove, using such force as may be reasonably necessary, any erection, thing
or condition which violates this Declaration, the By-Laws, the rules and
regulations, or the use restrictions. Unless an emergency situation exists,
the Board shall give the violating Unit Owner ten (10) days' written notice
of its intent to exercise self-lmlp. All costs of self-help, including
reasonable attorney's fees actually incurred shall be assessed against the
violating Unit Owner and shall be collected as provided for herein for the
collection of assessme~lts.
Section 3. D.u~a.tion. The covenants and restrictions of this
Declaration shall run with and bind the Community, and shall inure to the
benefit o[ and shall be enforceable by the Association or any Owner, their
respective legal representatives, heirs, successors, and assigns,
perpetually to the extent permitted by law. However, so long as Georgia law
l imils the period during which covenants restricting lands to certain uses
may run. any provision of this Declaration affected by the law shall run
with and bind the land so long as permitted by the law, at[er which thne the
provision.-, shrill be automatically extended for successive periods of ten
(10) years, with tile signed written consent of at least two-thirds (2/3) of
the record Owners and an attorney's atfidavit confirming ow.nership of the
U~its or such lessor reqt, irement as provided in O,.C._G..A~.. § 44-5-60. A
wrilten instrument reflecting approval must be recorded wi thin the year
immediately preceding the beginning of a ten (10) year renewal period.
Every pr~rchaser or grantee of any interest (including, wi thou[ l imi ration, a
security interest) in any real property subject to this Declaration, by
accepta~)ce of a deed or other conveyance, agrees that provisions of this
Declaration may be ex[ended and renewed as provided in [bis Paragraph,
Section 4. Amendment. This Declaration may be amended
unilaterally at any time and from time to time by Declarant (a) if such
amendment is necessary to bring any provision hereof into compliance with
any applicable governmental statute, rule, or regulation or judicial
determina[ion which shall be in con[l icl therewith; (b) if such amendment is
necessary [o enable any reputable title insurance company to issue title
insurm~ce coverage with respect to the Units subject to this Declaration;
(c) if ~uch amm~dment is required by nn institutional or governmental lender
or purchaser of mortg~fle loans, i~cluding, for ex~mple, the Federal Nation,al
Mortgage Association or Federal Home Loan Mortgage Corporation, to enahle
such lender or pt~rchaser to make or purchase mortgage loans on the Units
subject to this Declaralion; or (d) if such amendment is necessary to enable
any governmental agency or reputable private insurance company to insure
mortgage [o~ns on the Units subject to this Declaration; provided, however,
any such amendment shall not adversely aflect the title Lo any Owner's Unit
unless any such Unit Owner shall consent thereto in writing, Further, so
long as the Declarant has the right unilaterally to subject additional
property to the Declaration, Declarant may unilaterally amend this
Declaration for any other purpose; provided, however, any such amendment
sha~l not adversely ~ffect title Lo ~ny Unit without the consent of the
aJfected Unit Owner.
In addition to the above, this Declaration may be amended upon the
at lirmatlve vote or writlen consent, or any combination thereof, o! Members
holding at least two-thirds (2/3) o! the total Association vote and the
consent of the Declarant (so long as Declarant has the right unilaterally to
subject additional property 1o this Declaration). Amendments to thi.~
Declaration shall become effective upon recordation in the Fayette County,
Geor(jia records, unless a later et!active date is specified therein.
-22-
Section 5. _P.~r_tJ_tion. The Common Property shall remain undivided,
and no Unit Owner nor any other Person shall bring any action for partition
or division of the whole or any part U~ereof without tile written consent of
all Owners of all portions of the propnrty located within the Community and
without the written consent of all holders of all Mortgages encumbering any
portion of the property, including, but not necessarily limited to, the
Units located wi thin the Communlty.
Sect ion
herein, shall be
of the masculine
6. Gende~r.__a.n._d_ G[.a~na_£. The singular, wherever used
construed to mean the plural, when appllcable, and the use
pronoun shall include tile neuter and feminine.
Section 7. Se~/e_[ab.il.i_t.y. Whenever possible, each provision of
this Declaration shall be interpreted in such manner as to be effective and
valid, hut if the application of any provision of this Declaration to any
person or to any property shall be prohibited or held invalid, such
prohibition or invalidity shall not affect any other provision or the
applic~tlon of any provision wbicl~ can be given effect without the invalid
provision or application, and, to this end, the provisions of this
Declarati(m are declared to be severable.
Section 8. (;apl;ions. the captions of each Article and Section
hereof, as to the contents of each Arlicle ~nrl Section, are inserted only
for convenience and are in no way to be construed as defining, limiting,
extending, or otherwise modifying or adding to the particular Article or
Section to which they refer.
Section 9. P[epar. e..r. This Declaration was prepared by Linda B.
Curry, Hyatt & f~hoads, P.C., 2400 Marquis One Tower, 245 Peachtree Center
Avenue, N.E., Atlanta, Georgia 30303.
Section 10. C.e~_veyances o.f.Common._~.[.~per_l:y.. The Association shall
accept such conveyances of Common Property as are made from time to time to
the Association by Beclarant.
Section 11. P~rpe~g_i. ti~s. If any of the covenants, conditions,
restrictions, or other frovisions of this Declaration shall be unlawful,
void, or voidable for violation of the rule against perpetuities, then such
provisions shall continue o~ly until twenty-one (21) years after the death
of the last survivor of the now living descendants of Elizabeth, Queen of
England.
Section 12. Indemn.i.ficatio~. In accordance with tile Georgia
Nonprofil Corporation Code, and to the full extent allowed by Georgia law,
the Association shall indemnify every person who was or is a party or who is
threatened to be made a party to any threatened, pending, or completed
action, suit. or proceeding, whether civil, criminal, administrative, or
investigative (other than an action by or in the right of the Association),
I)y reason of the fact that such person is or was serving as a director or
officer of the Association against any and all expenses, including
attorneys' fees, imposed upon or reasonably incurred in connection with any
action, suit, or proceeding, if such person acted in a manner reasonably
-23-
believed to be in or not opposed to the best interests of the Association
and, with respect to any criminal action or proceeding, had no reasonable
cause to believe his conduct was unlawful. Any indemnification shall be
made by the Association only as authorized in a specific case upon a
determination Ihat indemnificatioff otr the person is proper under the
cl rcums tances.
Sect ion 13. Co. Qs.t.r~c.t..jpr)...and.._Sa_Je_Per.i.od. Notwithstanding any
provisions contained in this Declaration to the contrary, Declarant hereby
expressly reserves unto itself and its successors and assigns a
non-exclusive, perpetual right, privilege, and easement with respect to the
Community for the benefit of Declarant, its successors, and assigns over,
under, in, and/or on the Community, without obligation and without charge to
Declarant, for the purposes of construction, installation, relocation,
development sale, maintenance, repair, replacement, use and. enjoyment,
and/or otherwise dealing with the Community and any other property now owned
or which may i'n the future he owned by Declarant (such other property is
hereinafter referred to as "Additional Property"). Tim reserved easement
shall constitute a burden on the title to the Community and specifically
includes, but is not limited to:
ia) the right of access, ingress, and egress for vehicular and
pedestrian traffic over, under, on, or ir] the Community; and the right to
lie into any porlion of the Community with driveways, parking areas, and
walkways; and the ri.qht to tie into and/or otherwise connect and use
(without a tap-on or any other fee for so doing), replace, relocate,
maintain, and repair any device which provides utility or similar services,
including, without limitation, electrical, telephone, natural gas, water,
sewer, and drainage lines and facillties constructed or instal led in, on,
under, and/or over the Community; and
(b) tile right to construct, install, replace, relocate, maintain,
repair, use, and enjoy signs, model residences, and sales offices in the
Community.
(c) No rights, privileges, and easements granted or reserved
herein shall be merged into the title of any property, including, without
limitation, the COmmunity, but shall be held independent of such title, and
no st, ch right, privilege, or easement shall be surrendered, conveyed, or
released t, nless and until and except by delivery of a quit-claim deed from
Declarant releasing such right, privilege, or easement by express reference
thereto.
Section 14. G_on.t.r_~_c._[.~ Ex..e.cu!e_d...P.ur__i__n.g._DecJ.~_ran_L_C~a!;.~._o_[. All
contracts or leases executed by or on behalf of the Association prior to the
expiration of Declarant's right to appoint the members of the Board of
Directors as provided in Article III of tile By-Laws shall contain a
termination clause permitting the Association to terminate the contract or
lease at any time after the expiration of Declarant's right to appoint the
members of the Board of Directors, without cause and without penalty, upon
not more than ninety (90) days' written notice.
-24-
Sec t i on 15. Bo_._o.k_s_an¢._.R¢c..or__ds.
(~) Inspect. iQo..by_Membe.~;s_a..nd..Mo, rtg~ge~s. Ttlis Declaration, the
By-Laws, copies of rules and use restrictions, membership register, books of
accounl, and minutes of meetings of the members of the Board and of
committees shall be made available for inspection and copying by any Member
of the Association or by his duly appointed representative and by holders,
insurers, or guarantors of any first Mortgage at any reasonable time and for
a purpose reasonably related to his or her interest as a Member or holder,
insurer, or guarantor of a first Mortgage at the office o1' the Association
or at such other reasonable place as the Board shall prescribe.
(b) Rules...f.o.r....Ir).sp_ec_t.i_on. The Board shall establish reasonable
rule.-, with respect to:
ii) notice to be given to the custodian of the records;
he made; and
hours and days of tile week when such an inspection may
(ii) payment of the cost of reproducing copies of documents,
lc) !nsp¢¢_LjpO.._by_Djrec~ors. Every Director shall have the
absolute right at any reasonable time to inspect all books, records, and
documents of the Association and the physical properties owned or controlled
by the Association. The right of inspection by a Director includes the
right to make extra copies of documents at the reasonable expense of the
Association.
Section 16. Financial Review. A review of the accounts of the
Association shall be made annually in the manner as tile Board of Directors
may decide; provided, however, after having received the Board's reviewed
[inancial statement at the annual meeting, by a Majority of the Association
vote present, or represented by proxy, the Owners may require that the
accounts of the Association be audited as a common expense by a public
accountant. Upon written request of any institutional holder of a first
Mortgage and upon payment of all necessary costs, such holder shall be
entitled to receive a copy of an audited financial statement within ninety
(90) days of the date o[ the request,
Section 17, Notic. e of.~a, le or. Lease. In the event an Owner sells
or leases his or her Unit, the Owner shall give to the Association, in
writing, the name of the purchaser or lessee of the Unit and such other
information as the Board may reasonably require.
Section 18. VariAn. ces. Notwithstanding anything to the contrary
contained in this Declaration, the Board of Directors or its designee shall
be authorized to grant individual variances from any of the provisions of
this Declaration, the By-Laws and any rule, regulation or use restriction
promulgated pursnant thereto if it determines that waiver of application or
enforcement of the provision in a particular case would not be inconsistent
with the overall scheme ol development for the Community.
-25-
Section 19. ~Cq[[tY, The Association may but shall not be
required to, provide measures or take ~ctions which directly or indirectly
imf)rove sR{ety ~ tile Community, However, each Owner, for tllemselves and
their tenants, guests, licensees, a~d invitees, acknowledges and agrees that
the Association is not a provider of security and shall have no duty to
~)rovide security for the Community. It shall be the responsibility of each
Owner to protect his or her person and property, and all responsibility to
[)rovide security shall lie solely with each Owner. The Association shall
not be held liable for any loss or damage by reason of failure to provide
adequate security or ineffectiveness o! security measures undertaken.
Section 20. Equ.[.~abl~_~ppoi~!iment..~.~cl.a.Ean.t. As of the date
this Declaration is recorded The Equitable Life Assurance Society of the
United States ("Equitable") is the owner of the property described on
Exhibit "C" and Declarant has the right to purchase the Exhibit "C"
property. In tile event that Declarant has not purchased the Exhibit "C"
property on or before the date which is fourteenS14) months from the date
on which this Declaration is recorded in the Faye[te County, Georgia
records, then Equitable shall have the right to unilaterally declare itself
the "Declarant" under this Declaration by recording an instrument to that
effect in the Fayette County, Georgia records at any time prior to the
expiration of Declarant's i~nilateral right to subject property to this
Declaration pursuant to Article IX, Section l(a} of this Declaration. Upon
tile recording of such art instrument I)y Equitable all rights of the former
Declarant in and to the status of "Declarant" shall cease, it being
understood that there shall be only o~e person or legal entity entitled to
exercise tile rights and powers of the "Declarant" at any one point in time.
In the event Equitable, or its successors or assigns, exercises this right
il shall have no liability, responsibility, or obligation with regard to tile
acts or omissions of the previous Declarant or Declarants.
[SIGNATURES ON NEXT PAGE]
EXHI B I T "A"
E~e_f.i ~ i Lions
The following words, when ,sed in this Declaration or in any
Supplementary Declaration (unless the context shall prohibit), shall have
the roi lowing meanings:
Associat ion,
ass i gns.
"As~o~a. tion" shall mean and refer to The Fairways Community
Inc., a nonprofit Georgia corporation, its successors and
(b) "Board..o_f__Director_s" or "Board" shall mean the appointed or
elected body of the Association, as applicable, having its .normal meaning
under Georgia corporate law.
Association,
incorporated
"By-.Laws" shall refer lo the By-Laws of The Fairways Community
Inc., attached to this Declaration as Exhibit "D" and
therein by this reference.
(d) "_C.o__m_m..o__n_.P_r_oper__t.y" shall mean any and all real and personal
property and easements and other interests therein, together wi th the
facililies and improvements located thereon, now or hereafter owned by the
Association for the common use and enjoyment of the Owners.
(e) "Com_mu.~!j_t.y." shall mean and refer to that certain real property
and interests therein described in Exhibit "B", attached hereto, and
ti) such additions thereto as may be made by Declarant (or its Mortg,ngee or
transferee, as provided in the Declaration) or Equitable by Supplementary
Declaration of all or any portion of the real property described in Exhibit
"C," attached hereto: and (ii) such ~dditions thereto as may be made by the
Association by Supplementary Declaration of other real property.
(f) "Cqmu.oj}y:-Wide_S.t. anda.rd" shall mean the standard of conduct,
maintenance, or other activity generally prevailing in the Community. Such
standard may be more speciilcally determined by the Board of Directors of
tire Association.
(g) "Deq!aEan.t" shall mean and refer to Fairways Village
Development Corporation, a Georgia corporation, and the successors-in-title
and assigns of Fairways Village Development Corporation provided any such
successor-in-title or assign shall be designated as tire "Declarant" by
Fairways Village Development Corporation, in an instrument recorded in the
Fayette County, Georgia records; provided, however, The Equitable Life
Assurance Society of Ihe United States shall have the right to unilaterally
declare itself tt~e "Declarant" by recording an instrument in the Fayette
County, Georgi~ records if the requirements of Article XII, Section 20 are
met.
th) "Bajo.ri.ty" means those eligible votes, Owners, or other group
as the conlext may indicate totalling more than fifty (50%) percent of the
Iotal eligihle number.
(i) "Membe? shall mean a Person entitled to membership in tile
Association.
(j) "MoLtgage" means any mortgage, deed to secure debt, and any
and all other similar instruments used for the purpose of conveying or
encumbering real property as security for tile payment or satisfaction of an
obligation.
(k) "~o_rt.g._ag~__e" shall mean tile holder of a Mortgage.
(I) "Owne.~" shall mean and refer to the record owner, whether one
or more Persons, of the fee simple title to any Unit located within the
Comm.nity. excluding, however, any Person holding.such interest merely as
security for the perl'otmance or satisfaction ol any obligation.
(m) "Person" means any n~tural person, as well as a corporation,
join! venture, partnership (general or limited), association, trust, or
olher legal entily.
(n) "Un.i..t" shall mean any plot of land within the Community,
whether or not improvements are constructed thereon, which constitutes or
will constitute, after the construction of improvements, a single-family
dwelling site as shown on a plat recorded or to be recorded in the Fayette
County, Georgia, records. The ownership of each Unit shall include, and
there slmll pass with e~ch IJnit as an appurtenance thereto, whether or not
separately described, all of the right, title, and interest of an Owner in
the Common Property. which shall include, without limitation, membership in
the Association. Each tlnit shall for all p. rposes constitute real property
which may be owned in fee simple and which may be conveyed, transferred, or
encumbered in the same manner as any other real property. Each Owner shall
be cai i I led to the exclusive ownership and possession o1' his or her Unit,
subject !.u this Declaration. Each Owner shall have the right to lateral and
r. ul.~jncent sui'.)l.~ort [or his or her Unit, and such right shall pass with the
Un i t.
(o) "Suppl.ement_a. ry..Declaration" means an amendment or supplement
to this Declaration which subjects additional property to this Declaration
or imposes additional restrictions and obligations on the property, or both.
EXHIBIT "D"
BY-LAWS
OF
THE FAIRWAYS COMMUNITY ASSOCIATION.
INC.
IIYAll' ,t, ~IlIOAPS. P.C.
2400 M,qrqi~i.q One Tower
245 Peac~l~ee Center Avenue? N.E.
At_l~.nta. Georgia 30303
(404) G59-6600
- TABLE OF CONTENTS -
Il
Page
NAME, MEMBERSHIP, APPLICABILITY, AND DEFINITIONS
1. Name ........................................................ 1
~.'~ Membership .................................................. t
3. Definitions ................................................. 1
ASSOCIATION: MEETINGS, OUORUM, VOTING, PROXIES
1. Place of Meetings ........................................... 1
2. First Meeting and Annual Meetings ...........................
3. Special Meetings ............................................ 1
4. Notice of Meelings .......................................... 2
5. Waiver of Notice ............................................
6. Adjournment o[ Meetings ..................................... 2
7. Voting ...................................................... 2
8. Proxies ..................................................... 2
9. Qoorum ...................................................... 2
BOARD OF DIRECTORS: NUMBER, POWERS, MEETINGS
A. Compo_s_j_t_i.O.~l_a.o..d_~e Le..c
I. Governing Body; Composition ................................ 3
2. Directors Al)pointed by Declsrant ........................... 3
3. Number of Directors ........................................ 3
,4. Nomination of Directors .................................... 3
5. Election and Term o1' Office ................................ 3
6. Removal of Directors ....................................... 4
7. Vacancies .................................................. 4
8, Organization Meetings ...................................... 4
9. Regular Meetings ........................................... 4
10, Special Meetings ........................................... 4
11. Waiver of Notice ........................................... 5
1~. Quorum of Board o{ Directors ............................... 5
13. Compensation ............................................... 5
14. Open Meetings ............................................. 5
'15. Executive Ses~im~ ................................... 5
16. Action Without A Formal Meal iht! ............................ 5
17. Telephonic Particlpatim~ ................................... 6
C. P.o_w..e r.s
18. Powers ..................................................... 6
'19. Management Agent ........................................... 7
20. Borrowing .................................................. 7
21. Fining Procedure ........................................... 7
P_._a~g e_
IV. OFFICEnS
Officers .................................................... 8
Election, Term of Office, and Vacancies ..................... 8
Removal ................................. ; ................... 8
President ................................................... 8
Vice President .............................................. 8
Secretary ................................................... 8
Treasurer ................................................... 8
Resignation ................................................. 9
V. COMMIT1EES
1. General ..................................................... 9
VI. MISCELLANEOUS
1. Fiscal Year ................................................. 9
2. Parliamentary Rules ......................................... 9
3. Conflicts ................................................... 9
4. Amendlnent ................................................... 9
0607g--10-12-90
BY-LAWS
OF
THE FAIRWAYS COMMUNITY ASSOCIATION, INC.
Article I
Section 1. N_a!.n_e. The name of tim Association shall be The Fairways
Community Association, Inc., (hereinafter sometimes referred to as the
"Associat ion").
Section 2, Member_ship. 'lhe Association shall have one class of
membership, as set forfh in that Declaration of Covenants, Conditions, and
Res I r icl ions Ior fha Fat rway,~, ( this Dec lara! ion, as amended, renewed, or
extended from time to time, is hereinafter sometimes referred to as the
"Declaralion"), the terms of which pertaining to membership are specifically
incorporated hy reference herein.
Section 3. De[.initim~s. 1he words used in these By-Laws shall have
the same meaning as set forth in the Declaration, unless tile context shall
prohlbi[.
Article II
A. ~ ~o_c_j.a_~_ Lo_ri. :____M _e e_[_ ;._n g ~, __Q_u_o.~'_u.!,_,_ y_o_~ j _[) g .,__P_
Section 1. P..I. ac_.~_p.[_.Meeti_ngs. Meetings of the Association shall be
held at the principal office of tile Association or at such other suitable
place convenient to the Members as may be designated by the Board of
[.)irector,~, either in the Community or as convenient thereto as possible and
practical.
Section 2. F.ifs.t.Meet.ingaf}d_A0_n.u.a.I.._Me.e_tings. An annual or special
meeting shall be held within one (1) year from the date the Declaration is
recorded. Annual meetings shall be set by the Board so as to occur no later
Ihan sixty (60) days after the close of the Association's fiscal year. If the
(lay for lhe annual meeting of the Memhers is a legal holiday, the meeting will
Ire held at the same hour on the first (Jay following which is not a legal
holiday (excluding Saturday and S~mday).
Section 3. Speci_.a.!.Mee!ings. lh~ P,-esi,lenl may call special
meelings. In addition, it sh.~ll I~e lire rhlt\l DJ the Presiclenl to call a
special meeting of the Association it s~ rlirected by resolution of a Majority
of the Board of Directors or upo~ ~ peti tim~ signed by Members holding at
least lwenty-five (25%) i)ercent of the total Association vote. The notice
any special meeting shall state the date, time. and place of such meeting and
the purpose thereof. No b-siness slmll be transacted at a special meeting,
except As stated in the
Section 4. No..t..i._c.~...o.]_.Mee.t_i[!gs. It sllall be the duty of the
Secretary to mail or to cause to be delivered to the Owner of record of each
Unit a notice of each annual or special meeting of tile Association stating the
purpose of tile special meeting, as well as the time and place where it is to
be held. If an Owner wishes notice to be given at an address other than his
or her Unit. he or she sllall have designated by notice in writing to the
Secretary such other address. Tile mailing or delivery of a notice of meeting
in the manner provided in this Section shall be considered service of notice,
Notices shall be served not less than ten (10)nor more than thirty (30)days
before a meeting.
Section 5. ~l.a..i.y_er__o._f._~ot_i.c.e. Waiver of notice of a meeting of the
Members shall be deemed the equivalent of proper notice, Any Member may, in
writing, waive notice of any meeting
of the members, either before or after such meeting. After'dance
at a meeting by a member, whether in person or by proxy, shall be deemed
waiver I)y such member of notice of lhe time, (late, and
place thereof, unless such member speciflcally objects to lack of proper
notice at tile time the meeting is c~lled to order.
Section 6. _A..d.j~q_ur_nme[~.~_._o_~ ~ee~t.j.ngs. I1' any meetings of tile
Association cannot be held because a quorum is not present, a Majority of the
Members who are present at such meeting, either in person or by proxy, may
adjourn the meeting to a time not less than five (5) nor more than thirty (30)
days from the time the original meeting was called, At such adjourned meeting
at which a quorum is present, any business which might have been transacted at
the meeting originally called may be transacted without further notice.
Section 7. V..p_t_ing. The voting rights of the Members shall be as set
forth in the Declaration, and such voting rights are specifically incorporated
herein.
Section 8. P_r. ox..i~. At all meetings of Members, each Member may
vote in person or by proxy. Ali proxies shall be in writing, dated, and filed
with the Secretary before the appointed time of each meeting. Every proxy
shall be revocahle and shall automatically cease upon conveyance by the Member
ol~ his or her Unit, or upon receipt of notice by the Secretary of the death or
j~dicially declared incompetence of a Member, or of written revocation, or
upon Ihe expiration of eleven (11) months from the date of the proxy,
,C, ection 9. Ou.9.r. um. The presence, i~ pertain or by proxy, of Members
hol~i ~(j at least [we,~t.y-i'ive (257~;) t~el'~;el'~l ,~1' lh¢~ Iotnl eligible Association
v~tes appertain sm I constil~t~ ~ q,~,r~m, nt ~11 meetings of the Association.
The Me, ~ers present at n (, ly ~:.qllPrl ,,~ helH ~e~linf.I .ql which a quorum is
presen-I may cor~l int~e to do .)uslness ~l. il re.l jo,,, ~e~t, notwi[hstanding tim
withdrawal of enough members to leave less than a quorum.
Article Ill
B..q_a_r ~l_._o.[_D_.i _r..~$;_t_o_r_ ~..:___.N_ u ~tbe. r..,_.~ ~.w.~_r ~_,.__M ~ ~ .t_Ln g s.
Section I. .Gov_e_r.n..i.r)g._B.o.d.y.;._Cpmpo..sj.i.ti.or). The affairs of the
Association shall be governed by a Board of Directors. Except as provided in
,gection 2 of this Article, the Directors must reside in the Community and
shall be Members or spouses of such Members; provided, however, no Person and
his or her spouse may serve on the Board at tile same time.
Section 2. Di.[ec.t_o[s....Appo_.in.te.d._.by_Pec.la. ra. nt. Declarant shall have
tile right to appoint or remove all members of the Board of Directors and all
others of tile Association until such time as the first of the following events
shall Demur: (at the expiration of [ire (5) years after the date of the
recording of tile Declaration; (bt the date on which forty-one (41) Units have
heen conveyed to Persons other than the Declarant; or (ct the surrender by
Declarant in writing of tile authority to appoint and remove directors and
officers of the Association. Each Owner, by acceptance of a deed to or other
conveyance of a Unit, vests in Declarant this authority to appoint and remove
directors and officers of the Association. The directors and officers
appointed by tl~e Declarant need not be Owners or residents in the Community.
Tile names of the initial directors selected by the Declarant are set forth in
the Articles of Incorporation of the Association.
Section 3. Numbe[...ol:.Di.rectors. lhe Board shall consist of three
(3) to ~ive (5) members, Ihe exact number to be set. by the Declarant.
Sec t i on 4.
nomin3terl from the f
if such a co~t~nittee
reasonRb I e oppor tun i
to sol icit votes.
Nom_i_nat i..o~!..g_f.D.i.[e.c.tAr_s. Elected Di rectors shall be
Ioor ~nd may also be nominated by a Nominating Committee,
is established by the Board, All candidates shall have a
ty to communicate their qualifications to the Members and
Section 5. _E.[eC_~_ion..~od.T.~rm_o.f._.O[f. iq_e. Not later than thirty (30)
days after termination of the Declarant's right to appoint directors and
officers as described in Section 2 of this Article, the Association shall call
a meeting to be held at which Owners shall elect all of the directors. The
term of a Majority of the directors shall expire two (2) years after the first
anm.ml meeting roi lowing termination of the ffeclprant's right to appoint
directors, and tt~e term of the rem31nd~r ~,l lhe rllrectnrs shall expire one (I)
year after that ~n1~u3[ meeting,s, k~ ~1,~ ~t,~n~i,,,~ ,I Hm first term of olfice
o[ each member o[ the initial elef:ted ltr,~:H ,~1 liire(~Ir)rs, a successor shall be
elected ~o serve for a term ol Iw~ fL') reties. ~he members o[ the Board of
Directors shall hold of[ice unlil thei~ respective successors shall have been
elected by the AssociAtion.
At each annual meeting of the membership, directors shall be elected
to succeed those directors whose terms are expiring. All eligible Members of
the Associatio~ shal~ vote on all directors to be e{ected, and the
candidate(s) receiving the most votes shall be elected,
Section 6. _R.~m._o.y_8!_o_.[_..Di__r~c.t_o,r.s. At any regular or special meeting
of the Association duly called, any one or more of tbe members of the Board of
Directors may be removed, with or without cause, by Members holding at least a
Majority vote of the total Association Vote and a successor may then and there
be elected to fill the vacancy thus created. A Director whose removal has
been proposed by the Owners shall be given at least ten (10) days' notice of
the calling of the meeting and the pt, rpose thereof and shall be given an
opportnnity to be heard Rt the meeting. Additionally, any Director who has
three (3) consect~tive mmxcused absences front Board meetings or who is
delinquent in the payment of an assessment for more than tw.enty (20) days may ·
I)e removed by a Majority vote of the Directors at a meeting, a quorum being
present. This Section shall not apply to Directors appointed by Declarant,
Section 7. V~ac_a~_ci..e_s. Vacancies in the Board of Directors caused by
any reason, excluding the removal of a Director by vote of the Association,
shall be filled by a vote of the Majority of the remaining Directors, even
Iho.gh less than a quorum, at any meeting ot tile Board of Directors. Each
Person so selected shall serve the unexpired portion of the term.
Section 8. _O._r. gan_.i_z~a._t.ip_n.._~._e.e_.t.i.~g_s. The first meeting of the members
of Ihe Board ol~ Directors following each annual meeting of the membership
shall be held within ten (10) days thereafter at such time and place as shall
be fixed by tile Board.
Section 9. I~{~gu_Jar. Meetings. Flegular meetings of the Board of
Directors may he held at such time and place as shall be determined from time
to time by a Majority of the Directors, hut at least four (4) such meetings
slmll he held ri. ring each i~iscal year with at least one (1) per quarter.
Notice of the regular schedule shall constitute sufficient notice of such
mae t i ngs.
Section 10. Special Meetings. Special meetings of the Board of
Directors shall be held when requested hy the Pre.~ident, Vice President or by
any two (2) Directors. The notice shall specify the time and place of the
meeting and the n:~ture of ¢ny special bnsiness tn be considered. '[he notice
slmll l)e given Io each Directs,' by nl~e of Ihe fnll~wi~] methods: (a) by
personal delivery; (h) writlen m)~i,:~ hv li,~1 cl:~s.~ mail, postage prepaid;
(c) I)y I. elephone commtmi(.-.atirm. ~ithe, Hi,,~:l IV I,) the l)i'rector or to a Person
at the Director's home or office who wot, Id reasonably be expected to
communicate s,.,ch not ice promptly to lite Director; or (d) by telegram, charges
prepaid. All snch notices shall be given or sent to the Director's address or
telephone number as shown on the records of the Association. Notices sent by
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first class mail sl~all I)e deposited i~to a United States mailbox at least four
(4) {lays before tile time set for the meeting. Notices given by personal
delivery, telephone, or telegraph company shall be given at least forty-eight
(48) hours before the time set for the meeting.
Section II. Waive. r. g_f_NO.'~ice. The transactions of any meeting of
the Board of, Directors. however called and noticed or wherever held, shall be
as valid as thougl~ taken at a meeting duly held after regular call and notice,
if Ca) a quorum is present, and Cb) either before or after the meeting, each
of lhe Directors not present signs a written waiver of notice, a consent to
holding the meeting, or an approval of the minutes. The waiver of notice or
consent need not specify the purpose of the meeting. Notice of a meeting
shall also be deemed given to any Director who attends the meeting without
protesting, bet,ore or at its commencement about the lack of adequate notice.
Section 1;~. Ou.0. rum. P.f._B..o:a_rd.._o.[...Di.recto. rs. At all meetings of the
Board of Directors, a Majority of, the Directors shall constitute a quorum for
the tran.~action of business, and the votes of a ~ajority of the Directors
present at a meeting at which a quorum is present shall constitute the
decision of the Board of Directors. A meeting at which a quorum is initially
present may continue lo transact business, notwithstanding the withdrawal of
Directors, if any action taken is approved by at least a Majority of the
required quorum l,or that meeting. If any meeting cannot be held because a
quorum s not pr'asahi, a Majority of tile Directors who are present at such
meeting may adjourn the meeting to a time not less than five (5) nor more than
thirty (30) clays from the time that the original meeting was called. At such
adjourned meeting at which a quorum is present, any business which might have
been transacted at the meeting originally cai led may be transacted without
further notice.
Section 13. Cqmp.~.n.s~tion. No Director shall receive any
cuml)ensation from the Association for acting as such unless approved by
Members holding a Majority of the total Association vote.
Section 14. Opeq_..Mee.t.i[)gs. Ali meetings of the Board shall be open
to all Members, but Members other than Directors may not participate in any
discussion or deliberation unless expressly so authorized by the Board.
Section 15. E.~.e(;;~t.i.y.~....Se~si_or~. 1he Board may adjourn a meeting and
reconvene in e.xecutive sessio~ to discuss ~nd vote upon personnel matters,
liligation in which the Association is or may become involved, and orders of
b.siness of, a siml lar nature. The ~l~re of anv and all business to be
consid~rP.d in executive session slmll [ir~t I~R remora]ced in open session.
Section lO. AC.l. lon_Wltbo,_,[ ^ F~.,tmal Mee~i!~g. Any action to be taken
at a meeting of, the Directors o,' a-v ~{:ll,)~ I ).31 may be taken at a meeting of
tile Directors may be taken without a meeting it' a consent in writing, setting
forth the action so taken, shell be s gna{ by a I of the Directors.
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Section 17, ]'.e. lepl).oni..c_..P, ar.ticipa_t.j.on, One or more directors may
parllclpate in and vol. e during any re.qular or .~pecial meeting of the Board by
telephone conference c, al l or slmilar communication equipment by means of which
all persons participating in II~e meeting can hear each other at the same time,
and those directors participating by telephone shall be deemed to be present
at such meeting l,or quorum and other purposes, Any such meeting at which a
quorum participates shell constitute a regular meeting of the Board,
C. P.p_W._e_r.s_~o_d D_u._tj_e_~.
Section 18. .P.'_gt~er_~. Ihe Board of Directors shall be responsible for
the al'fairs oi: the Association and shall have all of the powers and duties
necessary for the administration of the Association's affairs and, as provided
by law, may do all acts and things as are not by the Declaration, Articles, or
these By-Laws directed to be done and exercised exclusively, by the Members.
In addition to the duties imposed by these By.-Laws or by any resolution of the
Association that may hereat:ter be adopted, the Board of Directors shall have
the power to and be responsible Ior the following, in way of explanation, but
not limitation:
(a) preparation and adoption of an annual budget in which there
shall be established the contribution of each Owner to the common expenses;
(b) making assessments to defray the common expenses, establishing
the means and melhods of collecting such assessments, and establishing the
period ol: the installment payments o1' the annual assessment;
(c) providing for tt~e operation, care, upkeep, and maintenance of
,~II area.~ which are the maintenance responsibi ity oir the Association;
(d) designating, hiring, and dismiss ng the personnel necessary for
the operation of the Association and, where appropriate, providing for the
compensation of such personnel and {or the purchase of equipment, supplies,
and material to be used by such personnel in the perl,ormance of their duties;
(e) collecting the assessments, depositing the proceeds thereof in a
bank depository which it shall approve, and using the proceeds to administer
the Association;
making and amending use restrictions and rules and regulations;
{g) opening o! bank aceot,nl.~ (',ri hehal f oJ tile Association and
designaling the signatorie?, requilerl:
I'll) enl'orcing by let. iai Im~u~n Ih,~ pr~,vir:i,mn 01' the Declaration,
Ihese By-.Laws, and the rules m~d ~e~IHInl i~m~,~ ad.pled by it, and bring any
proceedings which may I)e irlsliluted on hehal t ol or against the Owners
COl~Cer~ing the Association;
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fi) obtaining and carrying insurance against casualties and
l labilities, as provided in Ihe Declaration, anti paying
the premium cost thereof;
(j) paying the cost of all services rendered to the Association or
its Members which are not directly chargeable to Owners;
(k) keeping books with detailed accounts of the receipts and
expenditures affecting the Association and its administration, and specifying
the maintenance and repair expenses and any other expenses incurred; and
(I) contracting with any Person for the performance of various
duties and functions. The Board shall have the power to enter into conunon
management agreements with trusts, certdominiums, or other associations. Any
and all functions of the Association shall be fully transferable by the Board,
in whole ~r in part, to any other entity.
Section '19. Managemeqt_.Agent. Tile Board of Directors may employ for
the Association ~ professional management agent or agents at a compensation
established by the Board of Directors to perform such duties and services as
tile Board of Directors shall a~thorize. The Declarant or an affiliate of the
Declarant may be employed as managing agent or Manager. The term of any
manegeme~t agreement shall not exceed oeo (1) year and shall be subject to
termination by either party, without cause and without penalty, upon ninety
(90) days' written notice.
Section 20. Borrowi!)g. The Board of Directors shall have the power
to borrow money for the purpose nf repair ()r restoration of the Common
Property and facilities without tile approval of tile Members of the
Association: provided, however, tile Board shall obtain membership approval in
the same manner as for special assessments, in the event that the proposed
borrowing is for the purpose o[ modifying, improving, or adding amenities, and
the total amount o[ such borrowing exceeds or would exceed Ten Thousand
($10,000.00) Dollars outstanding debt at any one time.
Section 21. E.{.p.iog..~ro~.~e. The Board shall not impose a fine (a
late charge shall not constitute a fine) unless and until the following
procedure is followed:
fa) ~o~t_ic..e_. Written notice shall be served upon the violator
spe(: i lying:
fi) the nature of the ~/ioln!ion ;~r~rl the fine imposed;
(ii) lhnt the vi,;,l~l,,, tony..,ilhin ten ~'10) clays from the date
o1' the notice, request a hearing ,egn~ding Ihe line imposed;
(iii) the name, address and telephone number of a person to
contact lo challenge the tine;
(iv) that any statements, evidence, and witnesses may be
produced hy the violator at the hearing; and
fy) that all rights to have the fine reconsidered are waived if
hearing is not requested within ten (10) days of the date of the notice.
(b) H~.~J.~og'. If a hearing is requested, it shall be held before the
Board in executive session, and the alleged violator shall be given a
reasonable opportunity to be he~rd, Tile minutes of the meeting shall contain
a written statement of the results of the hearing,
Article IV
Of.[..i.c_e[.s
Section I. Of.t~i.c.~.r._s. The officers of the Associa(ion shall be a
President, Vice President, Secretary, and Treasurer, Any two or more offices
may be held by the same Person, excepting tile offices of President and
Secretary. 1he President and Treasurer shall be elected from among the
members of the Bo.~rd of Directors.
Section 2. E.le..cti..on.,.._.T.e.~;m_~)J_.Of__fi~c.e.,. and_Vac.[~pci, es, The officers of
the Association shall be elected annually by the Board of Directors at the
first meeting of the Board o1' Directors following each annual meeting of the
Member.~. A vacancy in Rny office arising because of death, resignation,
removal, or otherwise may be filled by tile Board of Directors for the
unexpired portion of the term.
Section 3. .R._e.m_o._v_a.[. Any officer may be removed by the Board of
Directors whenever, in its judgmenl, the best interests of the Association
will be served thereby.
Section 4. P.res.i_den..t. The President shall be the chief executive
officer of the Association and shall preside at all meetings of the
Association and of the Board of Directors. The President shall have all the
general powers and duties which are incident to the office of the president of
a corporation organized under the Georgia Nonprofit Corporation Code.
Section 5. ~j~._Er~s. id~r)~. The Vice President shall act in the
President's absence and shall have all powers, duties, and responsibilities
provided for the President when so acting.
Section 6. ,Secr.eta.r.y. The ;;~,~,relnrv ~hnll keep the minutes of all
meelings of the Association ~nd o[ Ihe B-etd -I r~ire~lors and shall have
clmrge of snch I~ooks and psImr~ ~ Ih¢ H,,nrrl ,,{ I)irec[ors may direct and
~hall, in generRI, perform all duties incident to the office of the secretary
o[ a corpor~tlon organized in accordance with Georgia law.
Section 7. _Tr__e_a..s.u_r_e_r. The Treasurer shall have the responsibility
for the Association's funds and sec~]rities and shall be responsible for
keeping ft~l[ and ~ccur~te {inanci~{ records ~nd hooks of account showing all
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receipts and disbursements, for preparing all required financial statements
and tax returns, and for the deposit of all monies and other valuable effects
in the name of the Association or the managing agent in such depositories as
may from time to time be designated by the Board of Directors.
Section 8. _t_R_e%igna.t...~gn... Any officer may resign at any time by
giving written notice to the Board of Directors, the President, or the
Secretary. Such resignatio,~ shall take effect on the date of the receipt of
such noti~.e or at any later time specified therein, and unless otherwise
specified therein, the acceptance of such resignation shal not be necessary
to make it effective.
Article V
Section 1. .Gener_~,l.. Cormnittees to perform such tasks and to serve
for st~ch periods as may be desig~lated Ily the Board are hereby authorized.
Each committee shall be composed and shall operate in accordance with the
term~ of the resolution of the Board of Directors designating the committee or
with roles adopted by the Board of Directors.
Article VI
Section 1. F_i.s..ca.! Year. The fiscal year of tile Association shall be
determined by resolution of the 8oard. In the absence of such a resolution,
the fiscal year shall be the calendar year.
Section 2. ~a.rl_Lamentar~..B~L!~$. Rob~r.t~..~!.es__o_f_.~E~.~E (current
edition) shall govern the conduct o[ all Association proceedings, when not in
conflict with Georgia law, the Articles of Incorporation, the Declaration,
these By-Laws, or ruling made by the Person presiding over the proceeding.
Section 3. ~OR~].~.q.t~. If there are conflicts or inconsistencies
between the provisions of Georgia law, the Articles of Incorporation, the
Declaration, and these By-Laws, the provisions of Georgia'law, the
Declaration, the Articles of Incorporation, and the By-Laws (in that order).
shall prevail.
Section 4. A.men__d.!n..en_t. These. By--t. aws mav be .amended uni lateral ly at
any llme and from time to lime by De(:la~Rnl (a) if an amendment is necessary
lo bring any provision into coml~li~mm wi Ih 3r~v 2ppllnal)le governmental
statute, rule. or regul~l, ion ~ i~rllf:i-~l ,l~termJnallon with which it is in
conflict; (b) if an amendme~l is nee. es.--a~v Io enahle any reputable title
insurance company to issue title insttrance coverage with respect to the Units
suhject to the Declaration; (c) if an amendment is required by an
institutional or governmental lender or purchaser of mortgage loans,
including, for example, tire Federal National Mortgage Association or Federal
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Home Loan Mortgage Corporation, to enable the lender or purchaser to make or
purchase Mortgage loans on the U,~its subject to the Declaration; or (d) if an
amendment is necessary to enable any governmental agency or reputable private
insurance company to insure Mortgage loans on the Units subject to the
Declaration. However, any such amendment shall not adversely affect the title
to any Ownerts Unit unless any Unit Owner consents to the amendment in
writing. Further, so long as Declarant has the right unilaterally to subject
additional property to the Declaration as provided in Article IX, Declarant
may unilaterally amend these By-Laws for any other purpose; provided, however,
any such amendment shall not adversely affect tlr lo to any Unit without the
consent o[ the a!fected Unit Owner.
In acldl t ion to the above, these By-Laws may be amended upon the
affirmative vote or written co,~sent, or any combination of affirmative vote
and written consent, ol~ Members holding at Feast a Majority.of the total
Associatlon vote and the consent ot~ the Declarant (so long as Declarant has an
option ~_milaterally to subject additional property to the Declaration as
provld¢.d in Artlcle IX o~ th~. I)eclaration). Amendments to these By-Laws shall
become effective upon recordation, L, nless a later effective date is specified
in the amendment. No provision of these By-Laws which reserves or grants
.~pecial rights to the Declarant shall be amended without the Declarant's prior
written consent so long as the Declarant owns any property in the Community,
or subject to annexation to the Community, primarily for development and/or
sale.
Notwithstanding the above. VA and HUD shall have the right to veto
amendments to these By-Laws for as long as the Declarant has the right to
appoint directors and officers of the Association under Article III, Section 2
o( these By-Laws.
0607g .... 10/12/90
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