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Village on the GreenVILLAGE ON THE GREEN A PRIVATE, ADULT COMMUNITY PEACHTREE CITY, GA 30269 HOMEOWNERS ASSOCIATION COVENANTS, CONDITIONS & RESTRICTIONS BY-LAWS INCLUDES AMENDMENTS THROUGH 26 MARCH, 1999 DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR VILLAGE ON THE GREEN J. ROBERT ADAMS & CO., INC. FILED E RECORDED F~,',~ETTE, COUfiTT, GA. '9~t I~UO 17 PI'I 3 O1 Recorded Fayette County Records Book ~ Page ~ through Page ~,..~,.5" IlL iV, Vt. T~.~ o~= Secfloq 1. Property Heml~¥ Subjected to this Declaration 2. Otl~er Pmparty 1. Meml~ership 2. Voting Mm 1. Association's Responsibility 2, Owner's I~x~ilXlity 3. Party Walls 1. General 2. Residential Use 3. Signs 4. Parklng and Gatage~ 5. Leasing 6. Occupants 8ouml 2 2 2 3 4 4 4 5 5 S 5 $ 7 7 7 7 7 - SOOK 9 3 5 P/~SE 2 9 9 VII, VIII. IX. 7, Animals and Pets 8. Nuisance 9. Unsightly or Unkempt Conc~tions 10. Arohitectural Standards 11. Antennas 12. Clotheslines, Garage Cans, Woodpiles, Etc. 13. Subdivision of Unit 14. Local On:finances 1. insurance for Common Property 2. Individual Insurance 3. Damage and Destruction 4. Repair and Reconstruction 5. Damage and Destruction · Insure~l by Owners 1. Notices of AcUon 2. Special FHLMC Provision 3, No Priority 4. Notl~ to Association S. Amendments by e. VA/HUD Approval 7,. Applicel~ilit7 of This Article a. Failure of Mortgagee to Respen¢l 1. Easements for Encroachment and Overhang 2, Easements for Use and Enjoyment 3. Easements for Utilities 4. Easement for Entry BOOK 935 PAGE 8 8 8 8 9 g 10 10 11 11 11 12 12 12 12 13 14 14 14 14 14 14 14 14 lS 15 5. Easements to Serve Additional Property 16 XII, 1. Enforcement 2. Self-Help 3. Duration 4. Amendment 5, Partition e. Gender and Grammar 7. Severability 8. Captions 9. Reserved 10. Conveyances of Common Property 11. Perpetuities 12. Indemnification 13. Construction and Sale Period e 14. Contracts Executed During Declarant Control 15. Books and Records 16.* Financial Review 17. Notice of,Sale or Lease 18. Vedances 19. Security 16 16 17 17 17 17 17 17 18 18 18 18 18 lg 19 19 19 19 VILI.A~E ON THE G~EN THIS DECLARATION I~ mede on the c~ete heralnafter set forth by J. Robert Adams & Co., Inc., a Gecr~ia corporation (hereinafter sometimes called 'Declarant"); WIT~E$$ETH WHEREAS. Declarant i~ the owner of the mil property descrllx, cl in Article II. Section 1. of this Declaration; snd W]-IEREAG, Declarant desire, to subjec~ the real property described In Article II, Section 1, hereof to the provision~ of this Dec~ratlon to create a residential community of single-family housing and to ~mvide for the subjecting of other mai property to the provisions of thLs Declaration; NOW, THEREFORE. I::)~laram hereby declares that the mai property descril~<l in Article II. Se~on 1. oi' this Declaration. Inclucling the improvements constricted or to be constructed thereon, is hereby subjected to the pmvLsions of this Declaration and shall be held. sold. transferred, conveyed. used, occupied, and mortgaged or otherwise encumbered subject to the covenants, conditions, restrictions, easements, nsses~ments, and liens, hereinafter set toM. which are for the purpose of protecting the value ifld de~ral~ility of, and whic~ shall mn with the title to, the reel pmberty hereby or hereafter mede sul~jec~ hereto, and sh~ll be I~incling on all persorm having any flgM, title, or [merest in or any portion of the reel pmporty now or hereafter made sul~ject hereto, their respective heirs, legal representatives, sucM~ors, succes~3e~-in-tJUe, and assigns Ind shall inure to the benef"A of each and every owner of all or Iny portion thereof, Article I Unless ~e context ~m/I pmhil~t, certain words u~ed in this Declaration shall h~ve the definitional meaning set forth in Exhibit 'A'. edsched hereto and by reference mm:la a pm't hereof. Article Il Ptaa~rtv Subject To This Declzr~dgq -1- Section 1. Property Hereby Sul=iected To This Oeclar;tion. The real propecty 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, shatl be held, transferred, sold, conveyed, used, occupied, and mortgaged or othew~lse encuml~ered subject to this Declaration is the real property described in Ex~ibil "B', attached hereto and by reference made a part hereof. Section 2. ~Other Pm;ertl. Only the real property described in Section 1 of this Article II is hereby made subject to this Declaration; provided, however, by one or more Supplementary Declarations, Declarant and the Association have the dght, I~ut not the obligation, to subject other real property to this Declaration, as hereinafter provided. Article III AsSqciafion Membershio and Votina Riaht-~ Section 1. MembershiP. The DecJarant and every person who is the record owner of a fee or undivided fee interest in any Unit that Is subject to the Declaration shall be deemed to have a membership in the Association. The foregoing is not intended to include Persons who hold an interest merely as secudty for the performance of an obligation, and the giving of a security interest shall not terminate the Owner's membeml~ip. No Owner, whether one or more Persons, shall I~ave more than one (1) membership per Unit, In the event of multiple Ownem of a Unit. votes end rights of use 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 of any Unit. The rights and privileges of membership, including the right to vote and to hold office, may be exercised 0y a Mealier or the Member's spouse, but in no event shall more than one (1) vote be cast nor one (1) office held for each Unit owned. Section 2. Votina. Members, including the Declarant, shall be entitled to one (1) vote for eacl~ Unit owned. When more than one Person holds an ownership interest in any Unit, the vote for such Unit shall be exemised as those Owners themselves determine and advise the 6ecratary prior to any meeting. In the absence of such a~ice, the Unit's vote shall be suspended in the event more than one Person see~s to exercise it. Article IV Assessments Section 1. Pumose of Assessment. The assessments provided for herein shall be used for the general purposes of promoting the recreation, health, safety, welfare, common benetit, end enjoyment of the Owners and occupants of Units, Inciucling the maintenance of ma end personal propa~/, all as may be more specifically auth~zed from time to time by the ~oard of Directors. Section 2. Creation of the Uen e~l Personal Obliaation for Assessmel/ts. Each Ovme~ of any Unit, by acceptance of a dee~ therefor, whether or not ~t shall be so expressed in such deed, covenants and agrees tO pay to the Association: (a) annual assessments or charges; (b) ~ecial asse~'nents, such assessment to be established and collected as hereinafter provided; and (c) specific assessments against any partJ~'dlar Unit which are established pursuant to the terms of this Declaration, including, but not limited to, reasonable fines as may be impceed In accordance with the terms of this De~aratlon. All such assessments, together with late charges, fnterest (not to exceed the maximum legal rate), costs, and reasonal=le attorney's fees actually incurm<l, shall be a charge on the land ami shall be a continuing lien upon the Unit against which each assessment is made, Each such assessment, together with 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 suc,~ Unit et 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 i/nit, and his or her grantee shall be Jointly and severally liable for such portion thereof as may be due and payable at the time of conveyance; provided, however, the liaDillty of a grantee for the 9 3 5 3 0 3 unpaid assessments of /ts grantor shaft 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 aRer receiving a wdtten request and for a reasonable charge, furnish a certificate signed by an officer or agent of' the Association seffing forth whether the assessments on a specified Unit have been paid. A properly executed ce~ficate of' the Association ceni~ing the status of' assessments on a Unit shall ~ binding u;on the Association as of' the date issuance. · Assessments shall be levied equally on all Units and shall be paid in such manner and on such dates as may be fo(ed by the Board of Directors. Upon ten (10) days' wrtt'len notice, the Board may accelerate the annual ass&ssment for delinquents, Unless otherwise prov~ed by the Board, the assessment shall be paid in monthly installments. Section 3. Comouta~of Budc~et. It shall be the duty of the Board to prepare a budget covering the estimated costs of operating the Association during the coming year, whicil shall include a capilal 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 equa~ to the total budgeted common ex4~ense.~, including reservu. In determining the level of assessments, the Board, in its discretion, may consider other sources of funds available to the Association. In addition, the Boan:l shall take into account the number of Units subject to assessment on the fi~t day of the fi~cat year for which the budget is prepared and the number of Units reasonably anticipated to become subject to a~essment durtng the fiscal year. So long as the Declarant has the right unilaterally to annex additional pro;arty purauant to Article IX on an annual basis, the Declarant may etect, but shall not be obligated, to reduce the assessment for any fiscal year I~ I~ayment of a subsidy. However, any Declarant subsidy shall be conspicuously disclo~ed as a line item in the Income portion of the common expense budget. If the Declarant elects to pay a ~ubsidy, the amount of the subsidy shown on the budget rd',all be an estimate only and the Declarant shall only be obligated to fund such subsidy to Ihs extent of any actual operating deficit. The payment of a subsidy in one year shall under no ciroumstances obligate ~e Declarant to continue payment of a substcly in future years. In order to fund Initial costs of operating the Association, the Board is authorized to obtain a loan from the Declarant to provide for initial cal=italization of the Association, Any ~u~ loan shall be interest free and ~all be disclosed in the budget of the Association for the year in wNch it L~ obtained, in the financial statements, and in the books and records of Ihs A~sociation. The Board shall cause the budget and the assessments to be levied against each Unit for the following year to be delivered to each Mem~r at least ~irty (30) day~ prior to the end of the ~utrent fiscal year. The budget and the assesar~ent shall ~come effective unless di~apla~ved at a meeting by a Majority of the total A~tlon vote a~ the Declarant (so long aa the Declarant has an option unilaterally to ~ubject additional la'operty to the Declaration ss provid~ in Article IX). Tl~ere shall be no obligation to call a meeting for the purpose of considering the ~dget except on petition of the Members as provided In the By-Law~. The petition must be presented to the Board wtthln ten (10) days of delivery of the not,co of assessments. Notwithstanding the foregoing. ~owever, in the event the membership disapproves the proposed budget or the Board fails for any mason so to determine the budget for the succeeding year, then and until ~uch time as a budget shall have been determined, as provided herein, the budget in effect for the then current year shall continue for the succeeding year, Section 4. ~ In addition to the other assessments authorized herein, the Association may Ievy special a~ssments from time to time. So long as the total amount of special assessments allocable to each Unit does not exceed Three Hundred ($300.00) Dollars in any one fiscal year, the Board may impose the special assessment. Any special assessment wflic~ would cause the amount of special assessments allocable to any Unit to exCsed 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 shell be paid as determined by the Bean:l, and the Boa~ may permit special assessments to be paid in installments extancllng Beyond the fiscal year in wflic~ the special assessment is imposed. Section 5. Uen for Assassmenf~ All sums .=_..c-essecl sgainst Shy Unit pursuant to this Declaration, tc~ether with late charges, interest, _r~__<~.s, and reasonable attorney's fees actually incurred, as provided herein, shall be secured by a lien on such Unit in favor cf the Association. Such lien shall be superior to all other liens and encuml~mnces on such Unit, except for (a) liens of ad valorem taxes; or Co) liens for ell sums unpaid on a fl~t Mortgage er on any Mortgage to Declarant duly recorded in the land records of Fayatte County, Georgia, and all amount~ advanced pursuant to such Mortgage and secured thereby In accordance with the terms of such instrument, All other persons a~uiring liens or encamlxancos on any Unit after this Declaration shall have been recon:lad in such records shall be deemed tc c~nsent that such liens or encumbrances shall be inferior to future liens for assessments, as provided herein, whether or not prior consent is specifically set fenh In the instruments creating such liens or encumbrances. Section ~. E~fect~f Nonpayment cf Assessments: Remedies of the Associetion. Any assessments wflich are not paid when due shall be delinquent. Any aMaasment delinquent for a period of more than ten (10) Clays shall incur a late charge in an amount as the Board may from time to time deten-nine. The Association .shall Muse a notice of delinquency to be given to ~my Member who has not p~id within ten (I0) dayl following the due date. If tbs assessrnent is not I~id within thirty (30) day~, a lien, ss herein provided, shall ~t~ch and, In m~lition, the lien shall include the lite charge, interest, not to exceed the maximum Ingal me, on the ~)rincil~ amount due, and all I.te chargaa fn=m the date fi~ ~2ue and peyal=le, all costs of collection, reasonable att0mey's fees actually incurred, and any other amounts provided or permitted by law. In tl~ event that the assessment remains unpaid after sixty (~0) days, the Association may, aa the Boreal tall determine, Institute suit to collect sucfl imounts end to forecioas its lien. Each Owner, by a~ptance of e deed or as a party to any other type of a conveyance, vests in the Association or its agent~ the right and power to b~ng all actions against him or her, pemonally, for the collection of such charges as a dam or to fore,ese the aforesaid lien in the s~me manner as other liens for the improvement cf real property. The lien provided for in this ArUcie shall be in favor of the Association and shall be for the benerff of ali other Owners. The Association, acting on behalf of the Owners, shall have the power to bid on the Unit at any foreclosure sale or to a~uire, hold, lease, mortgage, or convey the same. No Owner may waive or othenvias except liability for the assessments provided for herein, including, by way of iIiustratio, n, but not limitation, abandonment of the Unit. No Owner may waive or ~hem~e exempt himself or herself from lial~ility for as=essments, by a~oning ~e Unit or in ~y ~ manner. ~e obllg~on to pay ~e~ is a se~t and inde~Me~ ~eMnt on the ~d ~ els ~ ;d no ~u~on d any ~ment shall ~ claimed or all~ ~ ma~n ~ (a) any al~ faitum of ~e ~so~n to take ~me a~on er ~ some fun~n mqui~ ~ ~ tarn or ~ ~ ~e ~afion under this ~a~on or ~e B~, (b) for In~eni~ ~ dt~ ~ from the ma~ng of mpeim or lm~eme~ ~ am ~e ms~l~ of ~ ~~, ~ (c) ~m any a~on taken ~ ~e ~a~n to com~ ~ any law, o~in~, or ~ any o~er or dl~ve ~ ~y muni~l or ~er gove~ a~odty, Ali payme~ ~hall be applied fl~t to ~sts and attorney's fees, then to late charges, then interest and then to delinquent asseMments. Section '7. I~ate of Cq~mancement of Assessments. Assessments ~all commence as to a Unit on fie fi~t day of the month follmving the conveyance of the Unit to a Person other then the Declarant. Units which have not been conveyed by D~larant as provided stave ~all not be subject to asseMment. Assessments ~all be due and payable in a manner and on the schedule that the Board of Directors provides. The first annual aasaa~ment ~all be adjusted according to the number of months then remaining Jn that fiscal year. ' Section g. .S~ecific Assessments. The Bca~ shall h~e the ~er to spe~fi~lly assess pu~uant to th~ 8e~on as, in i~ di~Uon, ~ s~all deem approp~ate. Failure of the Boa~ to exe~se ~ a~ho~ under ~ Se~ion ~ail not be grounds for any a~ion again~ the ~so~atio~ orthe Boa~ of Dire~o~ and shall n~ ~nst~e a wa~er of ~e Boa~'s dght to exer~se ~ au~ofi~ under ~his the futura ~ ms~ to any e~enses, including an e~en~ for ~lch the Boa~ has not pre~ous~y exe~s~ i~ a~ho~ under ~is 8e~ion. Fines levi~ ;u~uant to Article XII, Se~on 1 and the costs mai~enance ~o~ ~ the ~a~on for ~i~ the ~ner is ~nsi~le under A~i~e V, 8e~ion s~all be spe~ a~e~ments. ~e 8oa~ may also s~fi~liy ass~ Units for the follo~ng Associ~ion e~es, ex~ for ~penses ~n:u~ ~r maintenan~ and repair of ~ems ~ic~ are the mal~enan~ msponslbil~ of the ~o~ation. (a) Expenses o1' the Association which benefit less than all of the Units may be specifically asse_~_~_<ed equitably among all of the Un~ which are beneffied a~_rding to the beneffi received. (b) 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. Article V Maintenanc4 Section 1. Association's Responllibllitv. The Association stlail maintain and keep in good repair the Common Properly. This maintenance ~all include, without limitation, maintenance, repair, and reptacement, subject to any insurance then in effect of all landscaping and improvements situated on the Common Property including, without limitation, all entry features, street, curbs, 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 bour~larles of Un~. 'l'ne Association ~ail maintain and keep in good repair aD storm pipes or facilities, whether located within or without a Unit's boundaries. The Asso~ation shall provide extedor maintenance upon Unit Improvements as follows: paint, stain, repair, replace, and cere far mol surfaces and roof systems, gutters, downspouts, chimfleye, end, with the exception of enffy doom, garage doors, glass end their appurtenant hardware, all exterior building surfaces and retaining walls and common dr~ves (alleys). The Association shall have the 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 benefit all Owners. The foregoing maintenance shall be performed consistent with the Community-Wide Standard. Se~on 2. Owner's Raeeenslbil~. Except as provided in Se~on 1, alxrve, all maintenance of the Unit including, without limitation, all structures and partdng areas, shall be the responsibility of the Owner. Such maintenance shall be performed consistent with this Oeciaratlen and the Community. Wide Standard established pumuant hereto. In the event fiat the Board of Directors of the Association determines that (a) any Owner has failed or refused to dit~dlarge properly his obligations with regard to the maintenance, repair, or replacement of items for wfllch he Is responsible hereunder, or Co) that the need for maintenance, repair. or replacement, wflicfl is the responsibility of the Association hereunder, ia caused through the willful or negligent act of an Owner, his or her family, guests, lessees, or inviteas, and is not covered or paid for by insurance° in whole or in part, then, the Association may perform the repair, replacement or maintenance and shall, except in the event of an emergency situation, gna the Owner written notice of the Association's intent to provide such necessary maintenance, repair, or replacement, at OvmeCs sole cost and expense. The notice shall set forth with reasonable particularity the maintenance, repairs, or replacement deemed necessary. The Owner shall have ten (10) days within which to complete such maintenance, repair, or replacement, or, in the event that sucim maintenance, repair, or replacement is not capable of completion within a ten (10) clay period, to commence sucll work which alkali be completed within a reasonable time. If any Owner ~toes not comply with the provisions hereof, the Association may {;mvide any such maintenance, repair, or replacement at Owner's sole cost and expense, and all costs shall be .':'.tided to anti become a part of the assessment to which such Owner is subject and shall become a Ilea against the Unit. Section 3. Eartv Wails. (a) General Rules of Law_ to A~olv. Each wall built as a part of the original constru~on 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 al' this Section. time general rules cf law reganting party walls and lial~illty for property damage due to negligence or willful acts or omissions shall apply thereto. (b) Sharino of Renair and Maintenance. The cost of reasonable repair and maintenance of a party wall ~all be s~amd by the Owners who make use of the wall in equal proportions. (¢) Dama<=e and Destruction. If a party wall iS destroyed or damaged by fire or other casualty, then to the extent fiat such damage is not covered by Insurance and repelled out of the proceeds of insurance, any Owner who has used the wall may ms{ore it, and if the other Owner or Owners thereafter make use. of the wall, tlmey shall contribute to fie cost of restoration thereof In equal proportions without prejudice, I~owever, to the rigl~t of any suclm Owners to Call for a larger contribution from the others under any rule of law regarding [lability for negi{gent or willful acts or omissions. (d) RioM to CanUibution Runs With Lanai. The dght of any owner to contrtbution from any other owner under this Section shall be appurtenant to the land and shall paso to sucim owners successors-in-title. (e) A~itraflo~ In the event of any dispute adsing concerning a party wall, or under the provisions of this Section, each party shall appoint one (1) arbifl'ator. Should any party refuse to appoint an arbitrator within ten (10) ~lays after written request therefor by the Board of Directors, the Board shall appoint an arbitrator for the rofusing party. The amitrato~ thus appointed shall appoint one (1) adctitional arbitrator and the (tscision In/a majority of all three (3) arbitrators shall be binding upon the parties and shall bo a condition precedent to any rfgN of legal action that either party may have against the other. Article VI Use Restrictions an~l RUles Section 1. General. 1'he Board of Directors may, from time to time, ~ consent of the Members, promulgate, modify, or delete use restriction~ and rules and regUlatiOns applicable to the Units and the Common Pmlmefty, Tlli~ authority shall include, ~ SIIIII not be limited to, the ~igllt to limit the type and size and to set lite maximum and minimum speeds of veflicise wi~in the Community. The Association shall also hive the lutl~orlty to impose ill otlmer necessecy traffic and paftdng regulations and to restrict the maximum noise levels of vehicles in the Community. 6ucit regulations and use restrictions shall be binding upon all Owners and occupants until and unless overruled, cancalnd, or modified in a regular or special meeting by the vote of Members [~ol(ling a Majority of the total votes in the Association and by the consent of the Declarant (so long am the Declarant ham an option unilaterally to aut~ject additional property to this Declaration aa provided in Article IX), The foregoing notwltlmtandlng, the Association ~hall not, without the consent of Declarant. so long as Declarant hse an una3quired option to sul~jact prope~t)' to this Declaration, adopt, modify, or delete any use re~trlctidn, rule, or regulation concerning new construction without the written consent of Declarant. Section 2. ~. Each unit Shall be used for residential purposes only, and no trade o~' t)usinass of any kind may I~e conducted in or from a Unit or any part of the Community, including business uses ancillary to a pdmary residential use, except that the Owner or occupant raaicling in ~e residence on a Unit may conduct such ancillary business activities within the residence so long as (a) the existence or operation of the ~siness activity Is not alo~arent or detectable by sight, sound, or smell imm the exterior of the residence; ~D) the business activity does not involve persons coming onto ~e Community who do not reside In the Community or dear-to-door soli~ahon of residents of the Community: (c) the busines~ activity conforms to all zoning requirements for the Community; and (d) the business activity Is consistent with the residential character of the Community end does not constitute a nuisance or a hazarclous or offenm've use, or threaten the secudty or safety of other residents of the Community, as may be determined in the sole dLs,;,-,~ion of the Boa~ of Directors. The terms 'business' and 'trade', as used In this provision, shall be construed to have their on:linary, generally accepted meanings, and shall Inc4ude, without limitation, any o~petlon, work, or activity undertaken on an ongoing I:~asLs which Involves the provision of goocls or services to persons other than the pmvtcler's family and for which the provider receives a fee, compensation, or other form of consideration, regardless of wflether. (1) the activity is engaged in full or peA-time: (10 the activity Is intended to or does generate a profit; et (iii) a license is required for the activity. Notwithstanding the above, the leasing of s Unit or the use of a Unit by an oHite management company operating on behalf of the Association shall not be considered a tracle or business within the meaning of this Section. Section 3. 8ians. No sign of any kind shall be erected by an Owner within the Commun~ without the written consent of the Boan:l and the Declarant..The Bcen:l shall have the right to erect reasonable end appropriate signs. Declarant shall have the right to remove any sign not approved by Declarant until.all units am occupied. Section 4. ~ The t~rm 'vehicles' as used i~ this provision, ~'~all include without limitation, motor homes, hoat~ trailers, motorcy~ea, mlnibikes, scootem, go-carts,-ll'~[~, campers, buses, vans, ancl automobiles. Ail vehicles shall be parked ~ garages, driveways or other paved parking areas located on a Uni{ extakct that guests and sed~4ce veNctes may park along streets for reasonal~Je perinds of time es determined by tBe Boa~. Parking in yen:la is prohibited. If the Unit inciucles, a garage ~ exterior doors, tho doom shall be kept closed at all tlme~, except during times of entry end exit from the garage, er when someone is warring in or around the garage. All comme~al vehicles, tractors, mobile homes, trailers (either with or without wheels), campers, camper trailers, Ix~ats and other watercr~t, boat trailem, moto~Tctea, minlbikes, scooters, ancl golf carts must be parked within e 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 the number of automobiles that could have reasonably been parked in the garage as originally constructed. Section S. Lassin~ Units may be leased for residential puqx~es, 8action 6. ~ Ail Ixovi~ions of the Declaration and of any rules and regulations or use restrictions pmmulgatecl I~Urauant thereto which govern the conduct.of Owners end which provide for sanctions agairm Owners shall also apply to all ocm_,pants of any Unit. Section 7, ~U.j~lJ~lJ~..~. Ne.animals, livesto~, or poultry of any kind may be raised, I=recl, kept, or permitted on any UntL with the exception of dogs, cats, or other usual and common household pets In reasonable number, as determined by the Association; provided, however, those pets which are kept, bred, or maintained for any commerciat I~rlx~, permitted to ream free, or, in the sole disoretlon of the Association, endanger the health, make objectionable noise, or constitute e nuisance or inconvenience to the (:~mom of other Units or the owner of any property located adjacent to the Community may be removed by the Asr, oc, iatinn. Dogs which are household pats shell it ell times whenever they ara outside a Unit be confined on e leash. Dogs shall be walked only In those areas designated by the Association. Section 6, Nui_.~lalL~, It shall be the responsibility of each Owner to prevent the development of say unclean, unhealthy, unsightly, or unkempt condition of his or her Unit. No Unit shell be used, in whole or in part, for the storage of any property or thing that vail cause such Unit to appear to ~ in an unclean or untidy condition or that will be obnoxious to the eye; nor shall any substance, thing, or material De kept upon any Unit that will emit foul or obnoxious edom or that will cause any noise or other condition that will or might dlstur'o the peace, quiet, safety, comfort, or serenity of the occupants of surrounding property. No noxious or often.five activity shall be carried o(1 upon any Unit, nor shall anything be done thereon tending to cause embanassmsnt, 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 of a nature as may diminish or destroy the enjoyment of fie Community. Section g. Unslahtlv or Unkemot Conditions. The pursuit of hobbies or other activities, including specifically, without limiting' the generality o1' the foregoing, the assembly and disassembly of motor vehicles and other mechanical devices, which might tend to cause disorderly, unaighUy, or un~mpt conditions, shall not be pursued or undertaken in any part of the Community. Seotion 10. Architectura.L~tandard~ No exterior constmc~on, alteration, addition, or erection of any nature whatsoever shall be commenced or placed upon any part of the Community, except suc~ as is installed by the Declarant or as ia approved in e£~n:lanca with this Seotion. Ne exterior construction, addition, erection, or alteration shall be made unless and until Ihs plans and Sl~eclficeflona showing the nature, idnd, shape, height, materials, and location shall have Ixen submitted in writing to and approved by the Board or ~ designee. The Board or Its designee may promulgate written guidelines for the exercise of this review. The Boam or its designee Ihall be the sole Iltltsr of such plans and may withhold approval for any reason, including purely a~thetio considerations, and it tall be entitled to stop any censtru~on in violation of these restri~ons. Any member of the Board or ~ representatives shall have the right, during reasonable houm, to enter u~n any Unit ta Inspecl any Unit and any improvements thereon for the Pu.,pose of ascertaining whether or net thru restrtc~ve covenants have besn or are being complied with. Such pe~Ion or persona shill not be deemed guilty of tres~M by reason of such entry. In the event the Board or its designee fails to approve or to disapprove luch design and location within sixty (60) days after the plans and specifications have been submitted to iL sl~mval will not be required, end this Section will Ix deemed to have boon fully complied with. In addition, all exterior construction, alterations, additions or erections ate subject to the ordinances of Peachtree City, Georgia. Section 11. ~2Le~..~1,t. No exterior antennas, aerial&, satellite dishes, or other appatatta for ~T(~n of television, radio, satellite or other signals of. any I~nd shall be placed, allowed, or maintained upon any portion of the Community, including any Unit, ~thout the prior written consent of the Boam or it designee. The azandaflon may erect an sadal for a master antenna ~yatam, should any such master e~aem or e/stems be utaizecl by the A~ooiation and requm any such exterior antenna. Section 12. Clotheslines.. Garbaae Cans. Woedl;)ilas. ~te. All ciotheNines, garbage cans, woodpiles, and Mher ~imllat items shall be located or sc~ensd so ss to be concealed from view of neighboring Units and Common latope~y and the street on which the Unit (on which the item ia located) fronts. Ail debris, rubbish, trash, and garbage shall be regularly removed and shall not be allowKI to acournulate. Section t3..~i~[LY~i~L.gf.-~ No Unit shall be subdivided or Its boundary lines c~snged except with the prior written approval of the Board or its designee. Oe~hlrant, however, hereby ex4)ms~ly reserves the right to repast any Unit or Units owned by Declarant. Any such division, boundary line change, or replal~ing shall not be in violation of the applicable subdivision ancl zoning regulations. Seotion 14. ~. All use of Units within the Community is also subject to the ordinances of Peachtree City, Georgia, and all other governmental entities having jurisdiction over the Community. OOK 9 3 5 31 0 Article VII [nsuranc~ and Casualty Losses Section 1. Insurance fcr Common Property and A~tach.ed..Units. The Association's Board of Directors or its duly authorized agent shall have the authority to and shall obtain insurance for all insurat~/e improvements on the Common Property and Attached Units (all buildings containing more thaf~ one unit). This insurance shall eover loss or damage by tire or other hazards, including extended coverage, vandalism, and malicious mischief and shall be in an amount sufficient to cover the full replacement cost of any repair or reconstJ'uction in the event of damage or destruction from any such hazard. The Board shall obtain a public liability policy applicable to the Common Property covedng the Association and its Members for all damage or injury caused by the negligence of the Association or any of its Members or agents, end, if reasonably ~valleble, directors' and officers' liability insurance. The pul~lic liability poli~-'y sh~li have a combined single limit of at least One Million ($1,0~0,000.00) Dollars. Premiums for ali insurance shall be common expenses of the A.-,sociafion. The policies may contain a reasonable .deductible, and the amount thereof shall be ecided to the face amount cf the policy in determining whethe~ ~e insurance at least equaL~ the full replacement cost. All such insurance c,~'erage obtained by the aoard of Directors shall be written in the name of the Association, as trustee, for t~e respeC,~ve benef~ed parties, as further/denfified in subparagrap/~ (b), below. Sucfl insurance shall be governed by the provisions hereinafter set forth: (a) Ail policies shell be wlltten wfth 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, Inc... if availal~te, or, if not availab/e, the most needy equivalent rating. (b) All policies shall be for the benefit of the Unit owners and the Mortgagees, as their interests may appear. (c) . Exciu~ive authority to adjust losses under policies obtained by the Association shall be vested in the Association's Boar~l of Directors; provided, however, no Mortgagee having an interest in su~ losses may be prohibited from p,~l/cipating in the settlement nagotialions, if any, rotated thereto. (d) In no event shall the insurance coverage obtained and meint~lned by the Associ~on's Board of Directors hereunder be brought into contribution with. insurance purchased by ind[vidual Owners, occupants, or their Mortgagees, end the insurance carried bythe Aasoci~tion shall be primary. (e) Ali casualty Insurance policies stroll have an infl~on guan~ endomement and an agreed amount endorsement if these ere 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 reel estate industry and familiar with ..cpnstmctJort in the Fayette County, Geo~ia, area. (f) The ASsodat/on's Board of Directors shall be required to make evmy reasonable effort to secure insurance policies that will provide for the following: ' 0) a waiver of subrogation by the insurer as to any claims against the Association's Board of Directors, its manager, the Owners and their ras~ctive tenants, ~rvants, agents, and guests; (i0 a waiver by the insurer of its rlgl~ts to repair and reconstruct instead of paying cesh; (ilo that no policy may be canceled, invalidated, or suspended on account of any one or more individual Owners; (iv) that no policy may be canceled, invalidated, or suspended on account of any c~efect 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 Associatio~ 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 Mortgagee; (v) that any 'other insurance" clause in any policy exclude individual Ovmem' policie~ from consideration; and bt0 that no policy may be canceled or substantially modified without at least ten (10) days' pdor written notice to the Association. In addition to the other insurance required by this Section, the Board shall obtain worY, men's compensation insurance, if and to the e~ant necessary, to satisfy the requirements of applicable laws, and a fidelity bond or bonds on directors, officers, employee~, and other persons handling or responsible 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 the exciusior, pemo~ serving without c~mpensation and may not be canceled or substantially modified without at I-~ .. ;: ion (10) days' prfor written notice to the Association. The ^ssodation shall also obtain cnnstr~ction code endorsements, steam boiler coverage, and flood insurance, if al~d to the extent necessary to satisfy the requirements of The Mortgage Corporation or the Federal National Mortgage Association. Section 2. Individual Insurance for Detached .Unit~. Each Owner of Detached Units (contain~g one unit) shall c. any blanket all-risk casualty insurance on the Unit and all structures constructed thereon and a liability policy covering damage or injury occurring on a Unit. If reasonably avaiial=le, the casualty insurance shall cover losS .or damage by fire and other hazams commonly insured under an 'all dsk' policy, including vandalism and malicious misctfief, 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 b not reasonably available, Owners shall obtain, at a minimum, fire and e~ended coverage. The policies required hereunder shall be in effect at all times. Authority to adju~ losses under policies obtained by an Owner shall be vested in the Owner. Section 3. Dama<3e.and D~stmction. (a) Iq General. Immediately after the damage or destruction by fire or other casualty to all or any improvement covered by insurance written in the name of the Association, the Board of Directors or its duly authorized agent shall proceed with the filing and adjustment of all claims arising under such insurance and obtain reliable and data,ed estimates of the cost of repair or reconstmclion of the damaged or destroyed pmpe~'y. Repair or reconstruction, as used in this paragraph, means repairfng or restedng the property to substantially the same condition and location that existed pdor to the fire or other casualty. (b) RePair and Recanstmction. Any damage or destruclJon shall be repaired or union, w~in ~ ~ da~ a~ ~e ~a~, Membe~ holdi~ at le~ s~e~flve ~5%) paint of · e t~al ~on ~ ~ ~ ~nt (se long ~ ~e ~ h~ ~ ~on unii~emily to subj~ additional ~PO~ to ~ ~lon as ~[d~ in ~e ~. ~ail ~ agree. ~ for any reason either ~e ~u~ of ~e ~u~ ~s to be ~id as a m~E of su~ damage ~ d~on, ' or miia~e and de~d ~t~ ~ ~e ~ of m~r or m~on. or ~, am not m~e ~aiiable to ~e ~ad~on ~in ~ ~d, ~ the period sh~l be e~ u~l made availa~e; ~v~, ~er, ~ ~[on sh~l n~ e~ ~ ~) days. ~ Mo~ag~ shall have ~e dg~ to paffidp~e in the d~inaflon ~ wheffier damage or de~en sh~i be mpair~ or If the damage or destruction fl3r which the insurance proceeds ara paid is to be repaired or reconstructed and such proceeds are not sufficient to defray the cost thereof, the Board of Directors shall, without the necessity of a v~e of the As~ation's Member, le~ a s~al asse~ment against all Owne~ in pmpo~ion to the numar of Un~s o~ W such ~e~. Additional a~essments may be ma~e in like manner at any tfme ~udng or following the ~mpletion of any repair or m~nstm~ion. If t~e funds available from insu~n~ exceed the cos~ 'of repair or mconst~ion of if the improvements are not repaired or m~n~m~ed, su~ exce~ shall ~ dens,ed to ~e ~nefit of ~e ~dation. In the event that it should be determined by t~e Association in the manner described above th~ the damage or destruction shall not be repaired or reconstructed aM no alternative improvements are authorized, then and in that event the property shaiJ be restored to its natural state and maintained as an undeveloped portion of the Common Property by the Asaoclstion In a neat and attractive condition. Section 4, Damaae and Destruction to Detached Units - Insur~ bY Owrte~. The damage or destruction by fire or other casualty lo alt or any portion of any improvement on a Detached Unit shall be repaired by the Owner within seventy-five (75) days after tl~e damage or destruction. However, where repairs cannot be completed within seventy-five (75) days. they shall begin within fie requimcl period and shall be diligently and continuously pursued until their completion. Alternatively. the Owner may clecide to destroy and remove all improvements on the Unit within seventy-five (75) days after such damage or destruction. Article VIII Condemnatioh If the taking t~olves a portion of the Common Pmporty~on which improvements have been constructed, then, unles~ within sixty (60) days after such taking. Members holding at least seventy-five (75%) percent of the total Association vote a~d the Declarant (so long as the Declarant has an option unilatera/ly to subject property to this Declaration as provided in Articte IX) shall otl~erwise agree, the Association shall restore or replace such improvements so taken on the remaining land included in the Common Property to the extent lands are available therefor. The provisions of Article VII, Section 3, above, applical~le to Common Property improvements damage, shall govern repla~ment or restoration and the actions to be taken in the event that the Improvements am not restored or replaced. Article IX* Annexation of Additiqqal Prooertv Section 1, Aonex~,tJon Without AoDrovai of Membershirx (a) O~arant. As the owner thereof or, Jf not the owner, with the consent of the owner thereof. Declarant shall have ~e unilateral right, privilege, and option from time to time at any time until December 1, 1agE, to subject all or any portion of the real property des~b~d 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 Fayeda County a supplementary Declaration in respect to the property being annexed. Any such annexation shall be effective upon the filing for record of such Supplementary Declaration unless otherwise provicted therein. (b) 'l'lle rignts resolved unto Declarant to subject additional land to the Declaration shall not be implied or construed so as to impose any obligation upon Declarant to subject any of such additional land to this Dectaraflon or to the Jurisdiction of the Associ-Uon. If such additional land is not subjected to this Declaration, Declarant resewed rights shall not im~ '~e any obligation on Declarm~t to impose any covenants and restrictions similar to those contained herein upon such additional land nor shall such -11- dghtS in any manner limit or restrfct the use to which such additional land may be put by DecJarant or any subsequent owner thereof, whether such uses are consistent with the covenants and restrictions imposed hereby or not. Section 2. Annexation With ApFovel of MelTIbershto. Subject to the consent of the Owner thereof, upon the affirmative vole or consent of Members holding a majority of the total Association vote and the Declarant (so long as the Declarant has an option to subject additional property to the Declaration as provided above), the Association may annex other real property to the provisions of this Dec. Jaration and the Jurisdiction of the Association by filing for record in the Office of the Clerk of the Superior Court of Fayette County, Georgia, a Supplementary Declaration in respect to the property I~eing annexed. Any such Supplementary Declaration shall be signed by the President and Secretary of the Association, and any such anneXation ~hall be effective upon the 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 addffional property shall be annexecl, and the quorum required for the transaction of business at any such meeting, is specifiecl in the By-L~ws of the Association. ArtlcJe X Mortoaoee Provisions The following provisions are for the benefit of holclere of first Mortgagee on Units in the Community. The provisions of this Article apply to both this Declaration and to the By-Laws, notwithstanding any oth~ provisions containerl therein. Section 1. Notices of Action. An institutional holder, Insurer, or guarantor of a first Mortgage. who provides written request to the A~ociatlon (such request to state the name and address of such holder, insurer, or guarantor and the Unit number) (therefore Ism=dining In 'eligible holder), will be entitled to timely written notice of:. (a) any condemnation ~ or any casualty loss which affects a matedal portion of the Community or which affects any. Unit on which there is a find Mortgage held, insured, er guaranteed by such eligible holder;, (b) any delinquency in the payment of assessments or c~s owed by an Owner of a Unit subject to the Mortgage of such eligible holder, where such delinquency hu continu~ for a period of sixty (~0) days; provided, however, notwithstanding this provision, any holder of a first Mortgage, upon request, Is entitled to written notice fram the Association of any default In the performance by an Ovmer of a Unit of any obligation under the Declaration or By-Laws of the Azsocfaflon which is not cum~ within sixty (8(3) days: (c) any lap~, =anceli~ofl, o~ material modif'~.,ation of any insurance policy maintained by the Association; or (d) any proposed a~ion whP.,h would require the censsnt of a ~ecifle¢l per=entage of Mortgage holders. 8action 2. 8oeclel FHLMC Provision. 80 long as required by the Federal Home Lnan Mortgage Corporation (The Mortgage Corporation) and so long ~s the U.S. Department of Housing and Urban Development ('HUD') is insudng or the Veterans Administration ('VA') Is guaranteeing any Mortgage in the Community, the following provisions abpfy in addition tO end not In lieu of the foregoing. Unless two-thirds (2./3) of the flint Mortgagees or Owners other than the De,oran; give their consent, the Association shall nOt: (a) by act or omis~lon seek to abandon, part;-tion, subdivide, encumber, sell, or transfer the Common Property which the Association owns, directly or Indirectly (the granting of easements for publio 935 3i 4 · ut/lit/es or other s/m~lar purposes con,stent wttJl the intencled uae of the Common Property shall not be deemed a transfer w~thin the meaning of this sulosection); (b) change the met~ed of determining the ol=ligations, assessments, dues, or other charges which may be levied against an Owner, (c) by act or omission change, wsiva, or spand0n any ~:~eme of regulations or enforcement thereof pertaining to the amhitectural design or the exterior appear'dAM and maintenance of Units and of the Common Property Crhe issuance and amendment of architectural standards, procedures, rules, and regulations or use rest~ctions shall not constitute a change, waiver, or apandonment within the meaning of this subsection.); (c0 fail to maintatn lire and extended coverage insurance, as required by this Declaration; or (e) use haza~ insurance proceeds for any Common Property losses for other than the repair, replacement, or reconstruction of sum property. Nothing contained in Article X, Section 2, of this Declaration shall be construed to reduce the percentage vott that must otherwise be obtained under the Declaration ~or any of the acts set out in this Section 2. First Mortgagees mal~, jointly or singly, pay tax~s or other charge~ which are in default and which may or have bemme I ~arge agalrm the Common Property aaa may pay ovendue premiuml on casualty insuranM Ix~lic~ or ~ecuro new e4suaity Insurance coverage upon the lapse of in A~o~atlon policy, and fiat Mortgagees making suc~ payments t~ail be entitled to immediate reim~rsement from · e Association. 8eotion 3. No Priority. No provision of this Declaration or the By-Law~ givel or shill be construed a~ giving any Owner or other party prlonty over any rlgt~ of the fiat Mortgagee of any Unit in the case of distrib~on to suoh Owner of Insurance proceeds or co~emnedon nwa~a for losses to or a ta~ng of the Common lareperty, 8action 4. ~. Upon request, each Unit Owner sllall be ot~ligated to furnish'to the Association the name and eddreu of the holder of any mortgage encumbering such Owner's Unit. Section $. Arn~ments by ~e*,m. Shoul¢l ina Federal Nationll Mortgage Amciation or the Federal Hame Loan Mortgage Co~orlflon subsequently delete any of their respective requiremenu which neoessitate the provlaionl of thi~ Article or make any sum requirements lisa edngint, the Board, without approval of the Ownera, may ~uae an amendment to this Art~e tO be recorded to reflect such changes. 8eotton ~, ~:~[0_~121j. Aa long as the Dec~arant hal the rigllt to appoint and remove offices and directom of tl~e At~mi~n, the following actiorm NIIII require the prior Ipl~oval of the VA (SO long as the VA is guaranteeing any Mortgage in l~a Community), and HUD (so long as HUD Is insuring and Mortgage in the Community): annexation of aclditionai properly to the Community, ex~ept for annexation by Declarant or Equttai~le in a~-,_rdance ~ Article IX, 8eotion I ~reof pu~uant to a previously approved plan of innix~lon; mergers and co~Isolidstion~| cledlcetion of Common Property to any pul=Ilo entity;, dissolution; mortgaging of Common P~operty, and material amendment of the Declaration, By-Laws or Articles of Inco~on. &action 7.' Aeelicabilitv of Thio Article. NOthing contained in this Article shall be construed to mcluce the percentage vote that must othenvise be obtained under the Declaration, By-Laws, or Georgia law for any of the acts ~ out In this,Article. Section a. Failure of Mortoaaee to Resconcl. Any Mortgagee who receives a written request from the Board to respond to or consent to any action s~ail be deemed to have approved such action if the Association does not receive a written response from the Mortgagee within thirty (30) days of the date of tl~e Association's request. Article X[ Easements Section 1. Easements for Encroachment ~Ind Ovemana. Them shall be reciprocal appurtenant easements for encma~mant and overhang as between each Unit and such portion or portions of the Common Property adjacant therato or as between adjacent Units due to the unintentional placement or settling Or shilting of the improvements constructed, recon~ructed, or altered thereon (in accordance with fie terms of this Declaration) to a distance of not more than five (5) feet, as measured from any point on the common I~oundary between each Unit and the adjacent portion of the Common Property or as between adjacent Un~, as the case may be, along a line perpendicular to suc.~ I~undary at such point; provided, however, in no event shall an easemant for encroachment exist if such entreatment occun'ed due to willful conduct on the part of an Owner, tenant, or the Association. Section 2, Easements for Usa a0d EniovmenL (a) Every Owner of a Unit shall I~ave a right and easement of ingress and egress, usa and enjoyment In and to the common Property whim shall be appurtenant to and shall pass with the title to his Unit, subject to the following provisions: (0 the fight of the Associatidn to charge reasonable admission ~ other fees for the use of any I~rtJon of ~e Common Property and to limit the number of gueet~ of Unit Owne~ and tenants wflo may use the Common Property; ti0 the light of the ASsociation to suspend the voting fi~h[J of a Unit Owner and the fight of an Owner to use the rea~atioeal facilities in the Community, if any, far any beried dufing which any assessment against his Unit which is hereby provided for remains unpaid: and, for a r~asunsble period of time for an infraction of the Declaration, By.l.aw~, or maes and regulations; (iii) the ~tght of the Associetion to borrow money fer the purpose of impmvtng the Common Property, or any portion thereof, or for construction, repatrlng or improving any facilitias located or to be Ioeatod thereon, aM give as sea~rity for the payment of any su~ lean a mortgage conveying all or any portion of the comm~ Property; provided, however, the lien and encuml~ranee of any such mortgage given ~ the AMoci~n shaU be subject and subordinate to ar~ f~/~, interests, options, easements and privileges heroin reserved or established for the benefit of Declarant, er any Unit or Unit Owner, or the holder of any Mortgage, irrespective of when executed, given I~y Oeclarant or any Unit Owner encumbering any Unit or affier property located within the Community (any provision In this Declaration or in any su¢l~ Mortgage given by the Association to the ~.afltrary notwithstanding, the exercise of any rl~ therein by the holder thereof in the event of a default thereunder shall not cancel or terminate any rignts, easements or ixlvllegas herein resewed or established for the benefit of Declarant, or any Unit or UnR Owner, or the holder of any mortgage, irmapective of when executed, given ~ Declarant or any Unit Owner en~urnt~ering any Unit or other pr~berty lactated within the Community). No mortgage conwying all ar a portion of the Common Pfoperb/shall be effective unless an instrument agreeing to the Mortgage has been approved by Members holding at lea~t two-thirds (2/3) of the total Association vote; and (iv) the rfght of ~e Association to dedicate or transfer all or any portion of the Common Property subject to such conditions as. may be agreed to by the Membe~ of the A~ociation. No such dedication or transfer shall be effective unless an instrument agreeing to such de~lioetion or transfer has been approved ~ at least two-thin~ (2/3) of the total Association and by the Declarant (so long as the Declarant has an o~on unilaterally to sul~ject additional property to this Oe~ta~-a~;on as provided in .14. Article IX). Notwithstanding Ihs aDove, Peachtree City, Georgia will not accept dedication of tl~e streets locate(3 in the Common Property now or in the future. (1~) Any Unit Owner may delegate his or her dght of use and enjoyment in and to the Common Property and facilities located thereon to the members of his family, his tenants and guests ancl shall be deemed to have made a delegation of all such dghts to the occupants of any leased Unit. Section 3. Easeman:~s for Utilities. Them is hereby reservecl to the Association blanket easements upon, ac:mss, above and under all 0roperty within the Community for access, ingress, egress, installation, repairing, replacing, and maintaining all utilities 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, or security system which the Association might decide to have installed to serve the Community. It shall be eXl=ressl), permissible for the Association 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 previcling of any such utility or service. Should any party fumishing any such utility or service request a specific license or easement t)y separate recordable document, the Board shall have the right to grant such easement. Section 4. ~. The Association shall have an easement to enter into any Unit for emergency, security, safety, and 1or other pu~osas reasonably neces~ry for the proper maintenance and operation of the Community, which dght may be exercised by the AssOciation's Board of Directors, officers, agents, employees, managers, and all policemen, firemen, ambulance personnel, and similar emergency personnel in the performance of their respectiv~ duties. Except in an emergency situation, entry shal! only be during reasonat~le hours and after notice to the Owner.. It is intended that this right of entry shall include (and this right of entry Mail include) the fight of the Asseci~n to enter a Unit to cure any condition wflich may increase the possibility of a fire or other hazard In the event an Owner fails or refuses to cure the condition upon request by the Board. Section 5. E~saments to Serve Additlopal Pro,arty. The Declarant and its duly authored agents, representatives, and employees, as well as its succe~om, assigns, licensees, and mortgagees, and The Equitable Ufo A~urance Society of the Uniteq 8tares, Its succorers and assigns, shall Ilave and heral3y reserves a perpetuat~ non-exclusive easement over the Common Propen'y for the purposes of ingress and egress, enjoyment, use, access, end development of the propofty described In Exhibit wl~ether or not the Exhibit 'C' Propofty Is made eu~ect to this D~iaretlcn. This easement includes, but is not limited to, a right of lngres~ and egress over the Common Property for constnzction of ro~cis 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 Propo~y as a result of vehicular traffic or utility installation or repair connected with the Exhibit "C' property ~ shall not be responsible for any costs ar~=cteted wiffi other maintenance, repair, or replacement of the Common Properly. Article Xll Section 1. ~LQI:F~:B.~t. Each Owner and every occupant of a Unit ~all comply strictly with the By-Laws, the rules and regulatiorla, the use restrictions, as they may be lawfully amended or modified from time to time, and with the covenants, conditions, and restrictions set forth in tJ~is Declaration end in the deed to his or her Unit. if any. The Board of Directors may impose fines or other sanctions, which shall Ice collected as provided her~in for the collection of assessments. Failure to comply with this Declaration, the By. Laws or the rules and regulations shall be grounds for an lotion to recover ~uma due for damages or injunctive relief, or both, maintainslole by the Board of Dlre~,'tors, 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 the foregoing shall in no event be deemed a waiver of the right to do so thereaRer. Section 2. ,Sell.HelD. In adcli;ion to any o~l~er remedies provided for herein, the Association or it.= duly authorized agent steal! have the power to enter upon e Unit or any poAion of the Common P~operty to abate er remove, using such force as may be reasonably necessary, any erection, thing or condition which violates this Decla,'~tion, the 8y-Law~. the roles and regul~ons, or the use restrictions. Unless an eme~ency ~tu~tion exist, the Board shall give the viol~flg Unit Owner ten (10) days' w~ttten notice of its intent to exe~se seif-t~eil3. All costs of self-help, including reasonable attorney's fees actually incurred shall be asses~ld ~ain~t the violating Unit C~wner and shall be collected as provided for herein for the coliec~en of .~ses.~ments. Section 3. Duration. The c~venan~ end restri~ons of this Dodos'arian shall pe~ by I~. H~, ~ Io~ es Geo~im I~ llm~ the ~ du~ ~ich I~nds ~o ~in uses may mn, Iny ~n of ~is D~a~Jon ~ind the 18nd ~ Io~ as ~ ~ the Iw, aher ~i~ time ~e p~i~ sh=ll ~ ~om.~Mlly e~end~ for sub.Ne ~ of ten (10) ye~ ~ the sign~ ~en ~nMnt of .t lee~ ~thi~. ~) ~f the m~ ~e~ ~ an ~me(s ~ ~nfi~l~ ~e~ip gf ~e Un~ ~r su~ la.ar ~uimmem es p~ In ~ S ~H0. A ~en in~mme~ m~ ~hin ~e ~er ;m~te~ ~i~ ~e ~inni~ of I t~ (10) year mn~l ~H~. Eve~ pu~aser or gm.ce ~ any I~ema ~u~ing, ~flo~ lime.on, subj~ to ~is Deda~, ~ a~n~ ~ a d~ ~ a~er ~n~, agrees Declaration may ~ ~e~ a~ mn~ ~ p~ in ~is Sedan*4. ~. ~ D~ar~en may ~ ame~ uni~te~ly et any ~me a~ ~m shall ~ in ~1~ ~e~; ~) ~ ~ amen~e~ is n~ ~ ~ ~y m~le ~e tn~m~ ~m~ny to i~ue ~le ~m~ ~mge ~ ~ ~ ~e Un~ .me~me~ ~ ~ul~ ~ ~ I~i~al or g~emme~al le~ ar ~ ~ manage ~, induing, for ~ple, ~e F~I N~lonli Mo~e ~afion or F~ Hame Lean Mo~e Co~mfion, to ena~e ~ ~er ~ pumh~r to mere or pu~a~ m~ege io~ an me Un~a ~bje~ ta th~ De~n; or (~ g ~ am~dme~ ~ ne~ to ~ ~ g~me~l ag~ or m~able p~v~ in.mn= mm~y to in~m mo~e [o~e =n me ~ ~m to.mis D~a~on: provide, ho~er, any su~ Ime~mem ~11 n~ ~e~ly affe~ ~e ~ to any ~ UnR unl~ any such Un~ ~er ~a~ ~ ~e~o in ~i~. Furor, ~ Io~ ~ ~e D~m has ~e ~g~ unilaterally to su~ ~d~me pm~y to the De~a~ion, ~amnt m~ unil~em~ amend mis ~a~on for ~y ~ ~; ~, h~. any su~ ~m~ t~le to any Un~ ~ ~e ~ ~ ~e aff~ U~ ~er. In ~d~en to ~ ~, ~is ~a~ton may be amend~ ~n me am~N. ~e ~ ~en ~ or ~y ~m~n~ ~, et M~m ~o~lng ~ le~ ~ ~) ~ ~e t~ ~n vine end the ~.m ~ ~ ~ (~ I~ ~ ~a~ nas t~ pm~ ta ~s ~da~n). ~me~ ~ mis ~n shall the Fayeffe ~, ~a ~ unl~ a leper efface date is ~ ~in. Sedan ~. ~ ~e Co.an Pm~ I~all remain u~v~, o~ Pe~n ~all b~ g~ ~n ~r ~ion m ~lsi~ of the ~en ~n~nt of all ~e~ ~ ag ~ons of~e ~ Io~t~ ~Jn ~e Commun~ ~ w~ the ~en ~m ~ all harem ~ aB Ma~gag~ en~m~d~ ~ny m~on af~e ~, in~udi~, bm not ne~adiy Iim~ed to, ~e Un~ Io~tnd ~hin the Communffy. BO~on e. Gener ~d G~mmar. The singular, whaler mean ~e plural, ~ a~i~b~, and ~e ~ of ~e ma~uline Section 7. _Severability. Whenever possible, each provision of this Declaration shall be interpreted in such manner as to be effective and valid, but if the application of any provision of this Declaration to any person or to any property shall be prohibited Or ttel~l invalid, such prohibition or invalidity shall not affect any other provision or the application of any provision which can be given effect without the invalid pr~vision or application, and. to this end. the provisions of this Declaration are decJared to be severable. Section 8. Captions. The captions of each Article and Section hereof, as to the contents of eac~ Article and Section, are inserted only for convenience and ara 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. Reserved. Section 10. Conveyances of Common_Property. The Association shall accept such conveyances of Common Property as are ma~le from time to time to the Association by Declarant. The warranty of a~y construction by Declarant on Common Property shall be one year from the compleUon of said construction. After the one year pedod of warranty, said construction in Common Property shall become the responsibility of the Association to repair, replace and maintain Common Property. Section 11. Pemetuifies. tf any of the covenants, conc}iUons, restrictions, or other provisions of this Declaration shall be urilawful, void, or voidable for violation of the rule against perpetuities, then such provisions shall continue only until twenty-one (21) years after the death of the last sun,rot of the now living descendants of Elizabeth, Queen of England. Section 12. IndemnificatiQn. In accordance with the Georgia Nonprofit 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 ia threatened to be made a party to any thraatene~t, pending, or completed action, suit, or proceeding, whether civil, criminal, administrative, or investigative (othor than an action by or in the right of the Association), by raason of the fact that such person is or was sewing as a director or officer of the Association against any and all expenses, including attorneys' fees, Imposed upon or raasonably incun'ed in connection with any action, suit, or proceeding, if such person acted in · manner reasonably believed to be in or not opposed to the best interests of the Association and, with raspect to any criminal action or proceeding, had no raasonabte cause to believe his conduct was unlawful. Arty indemnification shall be made by the Association only as authorized in I specific case upon a determination that Indemn~cation of ~e person is proper under the cir~mstances. Section 13. constructi~n and Sale Period. Notwithstanding any provisions contained in thLs Declaration to the contrary, Dectarant heraby expressly resewes unto itself ~ its successors and assigns a nof~-e:r, ciusive, perpetual right, prtvilege, and easement with respect to the Community for the benefit of Deciat'ant, its sucoeasom, and ~_~_~tgns ove~, under, in, and/or on the Community, without obligation and without chapge to Declarant, for the purposes of constnJction. Instillation, relocation. development sale, maintenance, rapair, replacement, use and enjoyment, and/or othenvise dealing with the Community and any other property now owned or which may in the futura be owned by Declarant (such other property is hereinafter mien'ed to as 'Additional Property'). The resorved easement shall constitute a burden on the title to the Community and specifically includes, but is not limited to: (a) the r~ght of ac?__~s, ingress, and egress for vehicular and pedestrian traffic over, under, on, or in the Community;, and the right to tie into any portion of the Community with driveways, parking areas, and walk'ways; and the dght to fie into and/or otherwise connect and use (without a tap-on or any other fee for so doing), raptace, relocate, maintain, and repair any device which provides utility or similar sewices, including, without limitation, electrical, telephone, natural gas, water, sewer, and drainage lines and facilities constructed or installed in, on. under, and/or over the Community; arid (b) the right to construct, install, replace, relocate, maintain, repair, use, and enjoy signs, model residences, and sales offices in the Community. (c) No dghts, privileges, and easements granted or reserved I~erein shall be merged into the title of any' property, inc/uding, without limitation, the Community, but shall be hek:l indepenclent of sur~ title, and no such dght, privilege, or easement shall be surrendered, conveyed, or released unless and until and except by delivery of a quA-c/aim deed from Dec/·rant releasing sue. ti right, privilege, or easement by express reference thereto. Section 14. Contracts Executed Durina Dectara,n.t Control. NI contracts or leases executed b~' or on behalf of the Association prior to the expiration of Dec/ar-ants right to appoint the members of the Board of Directors as provided in Article III of the 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 (g0) clays' written notice. Section 15. Bf2~ks and (a) Inspection by Members and Morldaaees. This Dec~aration, the By-Laws. copie.., of rules and use restrictions, membership register, t~ool(s of account, and minutes of meetings of the meml~ers of the Board and of committees shall be made avai[al}le for inspection and copying by any Member of the Association or Dy hi~ duly aPl~O/nted representative and by holde~, insurers, or guarantors of any first Mortgage at any reasonable time and for a l~UrpOse reasonably related to his or her interest as a Member or holder, insurer, or guarantor of a fi~t Mortgage at the office of the Association or at suctt other reasonable place as the Boan:l shall prescribe. (b) Rule~ f~r Insoection. The Board shall establish rees~nable rules with respect to: (i) notice to be given to the custodian of the records; (ii) hours and days of the week when such an inspection may be made; and (iii) payment of the cost of reproducing copies of documents. (~) Inspection tw Directors. Every Director shall have the absolute right at any reasonable time to inspect all books, records, and documents of the Association and the physical I~operties owned or controlled by the Association. The right of inspection by a Director includes the rig~ to make extra copies of documents at the reasonable expense of the Association. Section 16. J~IJL~L~.~L~. A review of the acc~_unta of the Association shall be made annually in the manner as the Board of Directors may decide; provided, however, after having received the Board's reviewed financial s~atement at the annual meeting, by a Majority of the Association vote present, or relxesented by proxy, ~e Own·ts may require that the accounts of the Association be audited as · common expense by a public a~;ountant. Upon written request of any institutional holder of a first Mortgage and upon payment of all necessary costs, such holder shall be entitled to re;·iv· · copy of an auditnd financial statement within ninety (90) days of the elate of the request. Section 17. Notice of Sale or Lease. In the event an Owner sells o~ 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 Beard may reason·fly require. Section 18. Variances. N~withstanding anything to the contrary contained in this Declaration, the Board of Directors or its designee shall be authorized to grant i.ndividual variances from any of the provisions of this Declaration. the By-Laws and any rule, regulation or use resaiction promulgated pursuant 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 of development for the Community. section 19. S_.~. The AsSociation may but shall not be required to, provide measures or take actions which directly or indirectly improve safety on the Community. However, each Owner, for tl~emselve~ and their tenants, guests, licensees, and invitee$, acknowledges and agrees that the Association is not a provider of security and shall have no duty to provide security for tl~e Community. It shall be the resl:~Onsibility of each Qwner to protect his or her person and property, and all responsibility to provide security shall lie s~lely witl~ each Owner. The Association shall not be held liable for any loss or damage by reason of failure to provide adequate security or ineffectiveness of security measures undertaken. IN WITNESS WHEREOF, the undersigned, being the duly appointed officers of Der, iai'ant herein, have executed this instz'ument and afr';xed the corporate seal this 15th day of August 1994. .'.~ : j'"'o,,, J. ROBERT ADAMS ~, CO., INC:'.. By: Title: it's '; ' .'". '" · Signed. sealed, and delivered this lSth day of August, 1994, in the presence of: WITNESS EXHIBIT "A" Definitions The following words, when used in this Declaration or in any Supplementary Deolara£ion (unless the context shall prohibit), shall have the tollowing meanings: (a) "~" shall mean and refer to The Village on the Green Community A,_~ciation, Inc., a nonprofit Georgia ,co~poratian, its successors and assigns. (b) "J~[~,J3;[_G[_~' or 'Board' shall mean the appointed or elected i:x~dy of the AsSOciation, as applicabte, having its normal meaning under Georgia corporate law. (c)~ "-j~' shall refer to the By. Laws of The Village on the Green Community Association, Inc.. attached to this Declaration as Exhibit "D' and incorporated therein by this reference. (d) '.~g~:~..~.~eJ:~" shall mean any and ail real and personal property and easements and other interests therein, together with the facilities and improvements located thereon, now or hereafter owned by the Association for the common use and enjoyment of the Owners. (e) "~' shall mean and refer to that certain real property and interests therein described in Exhibit "8', attached hereto, and (~ such additions thereto as may be made by Oeciarant (or its Mortgagee or transferee, as provided in the Declaration) o¢ Equitable by Supplementary Declaration of ali or any pod[on of the re~l property described in Exhibit 'C", atlached hereto; and (ii) such additions thereto as may be made by the Association by StJpplementary Declaration of other real property. (f) "Community-Wide Standard" shall mean the standa~ of conduct, maintenance, or other activity generally prevailing irt the Community. Such start(feral may be more specifioally determined Dy the Board of Directors of the Association. (g) . 'D._~JaJ:a~' shall mean and refer to J. Robert Adams & Co., Inc., a Georgia Corporation and the successors-in-~itle and assigns of J. Robert Adams & Co., Inc., provided any such title or assign shall be designated as the 'Declarant" by J. Robert Adams & Co., Inc., in an instrument recorded in the Fayetts County, Georgia records. (h) "M~Y' means those eligible votes, Owners, o¢ other group as the context may indicate totaling more than fifty (50%) percent of the total el'~ible number. (i) *M.ej:Zlj;~r' shall mean a Person entitled to membership in the 0) "M~t,~ga" means any mortgage, deed to secure debt, and any and all other similar instruments used for the purpose ot conveying or encumbering real properly as security for the payment or satisfaction ot an obligation. (k) 'J~Ld,g~' shall mean the holder of a Mortgage. (I) "Owner" shall mean and refer to the record owner, whether one or more Persons, of the fee simple title to any Unit located within the Community, excluding, however, any Person holding such interest merely as security for the pedormance or sati.sfaction of any obligation. (m) '~..~l~;ZI3' means arQ/natural person, es well as a corporation, joint venture, partnership (general or limited), association, trust, or other legal entity. 1-A EXHIBIT The following words, when used in this Declaration or in any Supptementary Declaration (unless the context shall I~ohibit), sl'~[I h~ve the l=ollowing meanings: (a) "~" shall mean and refer to The V~iage on the Green Community Association, Inc., a nonprofit Georgia ,corporation, its successors and assigns. (b) "~" or "Board" shall mean the appointed or elected body of the Association, as applicable, having its normal meaning under Georgia corporate law. (c), "By-Laws' shall refer to the ~/-Laws of The Vlllage on the Green Community Association, inc., attached to this Declaration as Exhibit "D' and incorporated therein by this reference. (d) '[~.,~ shall mean any and ali real and personal property and easements and other interests therein, together with the facilities and improvements I¢~ated thereon, now or herea~er owned by the Association for the common use and enjoyment of the Owners. (e) "~' shall mean and refer to that certain real property and interests therein described in Exhibit '8", attached hereto, and (0 such additions thereto as may be made by Oeciarant (or its Mortgagee or transferee, as provided in the Declaration) or Equitab{~ by Supplementary Decimation of all or any portion of the real property described in Exhibit 'C', attached hereto; and ({~ such additions thereto as may be made by the Association by Supplementary Declaration of other real property. (f) "Community-Wide ~'anda~l" shall mean the standac¢l of ex.duct, maintenance, or other activity generally prevailfng in the COmmunity. Such standard may be more specificaJ~ deten'nined ~....ii} the Board of Directors of the Aasocia~. (g) . "D..~' shall mean and refer to J. Robert Adams & Co., Inc., a Geon3ia Co~oration and the successo,.'s-in-tifle and ~_-_~igns of J. Robert Adams & Co., Inc., provided any such succe_~,K,_ r-in- title or assign shall be designated as the 'Declarant' by J. Robert Adams & Co., Inc., in an instrument r__~c~,rd_ ed in the Fayelte County, Georgia records. (h) "Me_iodtv' means those eligible votes, Owne~, or other group as *.ne context may indicate rotating more than fifty (50%) percent of the total er~jible number. (i) 'M.~=I;~" shall mean a Person entitled to membership {n the Association. ~ "Mgl:tg~g~" means any mortgage, deed to secure debt, and any and all other similar Instruments used for the purpose el conveying or encumbering real property as eecurity for the payment or sa~isfactlon of an obligation. (k) 'Mg._~qitg~" shall mean the holder of a Me,gage. (I) 'Owner" shall mean and refer to the record owner, whether one or more Persons. of the fee simple title to any Uni~ located within the Community, excluding, however, any Pemon holding such interest merely as security for the performance or sati.sfaction of any obr ation. (m) '~era3n' means any natural pemon, as well as a corporation, joint ve~ture, partnership (general or limited), association, trust, or other legal entity. 800K 9 3 5 PASE 3 2 1_ OOK 935 322 (n) "U~[" shall mean any pict 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 recomed or to be recorded in the Fayette County, Georgia, records. The ownemhip of each Unit shall' include, and there shaJl pass with eact3 Unit as an appurtenance thereto, whether or not separately described, all of the dght, title, and interest of an Owner in the Common Property, which shall include, without limitation, membership in the Association. Each Unit shall for all purposes constitute real property which may be owned in fee simple and which may, be conveyed, transferred, or encuml3ered in the same manner as any other real property. Each Owner shall be entitled to the exclusive ownership and possession of his or her Unit, subject to this Declaration. Each Owner shall have the right to lateral and subjacent support for his or her Unit, and such dght shall pass with the Un[ (o) "SuoDlementarv 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 'B' ,. .. Prooerty Submitted ' ALL THAT TRACT OR PARCEL OF LAND lying and being in ~ Lots 41 and 36' of the 6th OL~tdct. Fayette County, Georg ,~, being more i~rticu~,eJ~y descried as follows: TO ~ AT THE TRUE POI]q'l' OF BEG!'NN~G, begin at the r.~rner t'onned by thc intersection of ~e southeasterly line of the fight of way of Braelinn Road (a road having a 60 foot right of way) with the southwesterly tine of the ~ght of way of Peachtree Pa~L'way (a re=,4 having · 130 foot fight of way), if said s~'eet lines were extended for form tn angle instead of a truncated comer; running thence south 66 degrees 46 minutes 57 seconds east · long the southwest line of the fight of way of Peachtree P~kway a distance of 8;/8.79 feet to a point and the TRUE POINT OF .I~EG]3~'4]XCr, from sam TRUE I'OD, aT OF · BEGI3q~G, run thence south 66 degrees 46 tt~nutes 57 seconds e-aS along the southwest line of the rig~. of way of Peachtree Parkway · dLstance of 893. l0 feet to · point; continuing ii, once in · generally easterly d~ection along the southerly line of the right of way of Peachtree. Parkway and along the are of· curve to th~ left an arc distance of 401.55 feet (the chord of saki curve having a bearing' of south $$ degrees :29 minutes 15 seconds e-~t and · length of 394.46 feet) to · po'mr, thence leavin~ the right of way of Peachtree. Parkway run south 70 degrees 20 minutes 58 seconds west · distance of 62.5.82 feet to a point; running thence south 77 degrees 53 minutes 156 seconds west · distance of 224.55 feet to · point; running tlience south 76 degrees 47 minutes ! 7 seconds west · distance of 254.54 feet to · point; runrting thence south 84 degrees 0~t n~nutes 38 seconds west a distance of 293.25 feet to · point; running thence north 62 degrees 36 m~nutes 21 seconds west a distance of 173.41 feet to a point; running thence north 24 degrees 38 minutes 30 seconds west · distance of 258.86 feet to a point; running thence north 07 degrees 33 minutes 02 seconds east · distance et' 171.35 feet to a point; running thence north 38 degrees 03 minutes 2.'/seconds east · distartce of 105.~8 feet"to a point; runnLng thence north 82 degrees 32 ttfinutes 26 seconds east a distance of 91.40 feet to · po'mt; running thence north 64 degree___ 47 mLnutes 17 seconds east · distance of 81.96 feet to · point; running thence' north 36 degrees 16 minutes 35 seconds east a dLstance of 65.40 feet to a point; runnin~ thence north 59 degrees $4 minutes 42 seconds east · distance of 121.49 feet to a point on the southwest line of the right of way of Peachtree Parkway and the TRUE POI3qT O1: ]~EG]XNXN~, being the same property.shown as conta~ng 14.05 acres, more or less, .. oo 935 P ,GE 32 3 BOOK 9 3 5 EXHIBIT "C" Property to be Annqxed ALL THAT TRACT OR PARCEL OF LAND lying and being in Land Lots 41 and 36 of the 6th District, Fayet~e County, Georgia, being more particularly described as follows: "None" 1oC EXHIBIT "D' BY-LAWS OF VILLAGE ON THE GREEN COMMUNITY ASSOCIATION, INC. soo~ 9 3 5 P~ 3 2 5 TABLE 0~: CONTEHTS 9 3 53 2 6 II. Section NAME, MEMBERSHIP, APPUCA~ILITY, ANO DEFINITIQN$ 1. Name ............................................................................................................................. 1 2. Membemhip ................................................................................................................... 1 3. Definitions ...................................................................................................................... 1 ASSOCIATION: MEETINGS, QUOI~UM, VOTING, PROXIES 1. Place of Meetings ........................................................................................................... 1 2. F3rst Meeling and Annual Meetings ................................................................................ 1 3. Special Meetings ............................................................................................................ 1 4. Notice of Meetings ......................................................................................................... 1 5. Waiver of Notice ............................................................................................................ 8. Adjoumm, ant of Meetings ............................................................................................... 2 7. Voting ............................................................................................................................ 8. Proxies ........................................................................................................................... 2 9, Quorum ............................................................. ~ ............................................................ 2 Ill. BOARD OF DIRECTORS: NUMBER, POWERS, MEETINGS A. Comeoaitian and Selection_ 1. Governing Body; Composition ........................................................................................ 2 2. Director~ ApPointed by Declarant ........ '. .......................................................................... 2 3. Number of Dlmctom ....................................................................................................... 2 4, NominaUon of Dimctor~ .................................................................................................. 2 5. Election and Te~rn of Office ........................................................................................... 3 6. Removal of Directors ..................................................................................................... 3 7, Vac~r~es ...................................................................................................................... 3 8, Organization Meetings .............................................................. : .................................... 3 g, Regular MeetingB ........................................................................................................... 3 10. Special Meetinga ............................................................................................................ 3 11. Waive~ of Notice ............................................................................................................ 4 12, Quordm of Bored of Dlrectom ......................................................................................... 4 13. Com~ ................................................................................................................ 4 14. Open Meetings ............ .. .................................................................................................. 4 15. Executive Session .......................................................................................................... 4 16. Action W'~hout A Formal Meeting ................................................................................... 4 17. Telep~onic Participation ....................................... '. ......................................................... 4 C, J~mY.~I~Ull la. Power~ .................................................................................................. ; ........................ 4 19. Maregement Agent ........................................................................................................ 5 20. Bon'owing ....................................................................................................................... 5 21. Fining Procedure ............................................................... - ............................................. 6 IV. '~. Officers .......................................................................................................................... 6 2. Election. Term of Office, end Vacancies ........................................................................ 6 3. ~emoval ........................................................................................................................ ~ 5. V~e President ................................................................................................................ ~ 8. ~ret~ ....................................................................................................................... 6 7. Treasurer ....................................................................................................................... 7 8. Resignation ............................................................................................................... 7 COMM~EES 1. Gene~ .......................................................................................................................... 7 VI. MISCELLANEOUS 1. Fiscal Year ..................................................................................................................... 7 2. Parliamen[ary Rules ...................................................................................................... ; 7 3. Conflicts; ........................................................................................................................ 7 4. Amendment ................................................................................................................... 7 ~oo~ 9 3 5 ~ 3 2 ? BY-LAWS OF VILLAGE ON 'THE GREEN COMMUNITY ASSOCIATION, INC. Article I Name. Membership. Aoolicabilitv. and Definition3 Section 1. Name. The name of the Association shall be The Village on the Green Community Association, Inc., (hereinafter sometimes referred to as the "As~=ociation'). Section 2. J~J133JZJJ:JJ]~. The A*-_..oclation shall have one class of membership, as set forth in that Declaration of Covenants, Conditions, ancl Restrictions for The Village o~ the Green Community Association, Inc,, (thi~ Declaration, as amended, renewed, or extended from time to time, is hereinafter sometimes referred to u the "Declaration"), the terms of which pertaining to membership are specifically incorporated by reference herein. Section 3, ~. The words used in these By. Laws shall have the same meaning u set forth in the Declaration, unless the context shall proh~it, Article II Association: Meetinaa. Quorum. Votfr,,q_. p~.xj~,e Section 1..~JGIJ.~I~. Me·lings of the Association eh·Il be held at the principal office of the Association or at mJch other suitable place convenient to the Members u may be designated by the Board of Dlreotore, either in the Community or u convenient ther~o a~ possible and practical. Section 2. First Meetlne end Annual Meetin~ An annual or special meeting sl~ll be held within one (1) year from the date the Declaration is recorded. Annual meetings shall be set by the Board so ss to occur no later than sixty (60) days after the close of the Association's fiscal year. If the day for the annual meeting of the Members is a legal holiday, the meeting will be held al the same hour on the first day following which is not a tags[ holiday (excluding Saturday ~ Sunday). Section 3. ~.J~i~J..~JJ~l~. The President may call special meeting~. In addition, it ~hall be the duly of the President to call a special meeting of the ,~tlon if so directed by resolution of a Majority ot the Board of Directom or upon a petition signed by Msmbem holding at least twenty.five (25%) percent of the to, al Association v~te. The notice of any ~peolal meeting shall ~tet· the date, time, and place of such meeting and the purpose thereof, No busk~.,ss shall be traneaoted at a special meeting, except aa stated in the notice. Section 4. ~GJ[Jl_.g.[.~J~. It shall be the duty of the Secrelm7 to mail or to ~auee to be delivered to the Owner of record of each Unit a notice of each annual or special meeting of the Associalion staling the purpose of the special meeting, as well ss the time and place where it is to be held. if art Owner wishes notice lo be given at an address othet' than bls or her Unit, he or aha ah·Il have designated by notice In writing lo the Secretary such other adclreea. The mailing or deliver' of a notice. of meeting in the manner provided in this Section shall be considered service of notice. Notices shall be served not te_~_ than ten (10) nor more than thirty (30) days before a meeting. Seetion $. ~lJ}~c.G.LJ:igt, JP.J, Waiver of notice of a meeting of the Members ah·Il be deemed the equivalent of proper notice, Any Member may, In wdtlng, waive notice of any meeting of the members, either before or after such meeting. Attendance at a meeting by a member, whether in person or by proxy, shall be deemed waiver by suciq member of notice of the time, date. and place thereot, unless such member specit'ically objects to loci< bi' proper notice at the time the meeting i~ called to order. Section 6. Adjournment of Meetinan. If any meetings of the AssociaUon cannot be helc~ 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 sol less than five (5) nor more than thirty (30) days from the time the original meeting was called. Al 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. Votina_. The voting rights of the Members shall be aa set l'orth in the Declaration. and such voting dghts are specifically incorporated herein. Section 8. Proxie,~. At all meetings o! Members, each Member may vote in person or by proxy, All proxies shall be In writing, dated, and filed with the Secretary before the appointed time of each meeting. Eves/ proxy shall be revocable and shall automatically cease upon conveyance by the Member of his or her Unit, or upon receipt of notice by the Secretary of the death or judicially declared incompetence of a Member, or of written revocation, or upon the expiration of eleven (11) months from the date bt the proxy. ,.qection g. Quorum. The presence, in person or by proxy, of Members holding at least twenty. five (25%) pement of the total eligible Association votes appertain shall constitute a quorum at all meetings of the Asaooiation, The Members present at a duly called or held meeting at which a quorum i~ present may continue to do business until ad'joumment, notwith~anding the witlqclrawal of enough members to leave less than a quorum. Article III {~gard et mirectors: Number. Pewee. Meel'lnae A. Camaosition and Selection Section 1, aevarnina Body_ '~ Cemaesitien. The affairs of the Association o"mil be governed by a Board of Directo4~. Except as provided in ~eotion 2 of this Article, the Directors suet reside in the Community and shall be Membem or epotmee of such Moral:mrs; provided, however, no Person and his or her spouse may serve on the Board at the same time. Sectk~n 2. Directom Aeaelnted bv Declarant. Declarant shall have the right to appoint or remove all members of the Board of Directors and all othem of the ~tion until ~uch time a~ the first of the following events shall occur:. (a) the expiration of five (5) years after the data of the recording of the Declaration; (b) the date on which eighty-five (85) Unite have been conveyed to Peseta other than the Declarant; or (o) the surrender by Declarant in writing of the authority to appoint and remove directors and offlcar~ of the Aa~oolation. ~ Owner, by ac~ptanee of a deed to or other conveyance of a Unit, vesta in Declarant this authority to appoint and remove directors and officers of the ~iation. The directors and offloers Kopointed by the Declarant need not be Owners or residents in the Community. The names of the initial dire=tom selected by the Declarant are set forth in the Articles of Incorporation of the A,saoclation. Section 3. 'J:~d~iaar..g.!~, The Board shall cormist of three (3) to five (5) members, the exaot number to be set by the Declarant. Section 4. Nomln~flen of Directors. Elected Directors shall be nominated from the floor and may also be nominated by a Nominating CommiUee, if such a committee la eetalolished by the Board. 8oo 9 35 P ,6E 32 9 All candidates shall have areae, sonai31e oppc,'tunity to communicate their qualifications to the Members and to solicit votes. Seclion 5. ElecZionand Term of Of~iea No( later than thirty (30) days after termination of the Declarant's right to appoint direclore 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 ct a Majority of the directors shall expire two (2) years after the first annual meeting following termination of the Dectarant's right to appoint directors, and the term of the remainder of the directors shall expire one (1) year after that annual meeting. At U'le expiration of the first term of office of each member of the initial elected Board of Directors, a successor shall be elected to serve for a term of two (2) years. The members of the Board ,of Directors shall hold office until their respective successors shall have been elected by the Association. A~ each annual meeting of the membership, directors shall be elected to succeed lhose direc[ors whose terms are expiring. All eligible Members of the Association shall vote on all direclora to be elected, and the candidate(s) receiving the most votes shell be elected, Section 6..B~33gg~lL.g.(_~t~, At any regular or special meeting of the Aascciation duly called, any one or more of the members of Ihs Board of Directors may be removed, with or without cause, by Members holding et least a Majority vote of the total Aaaoc:iation Vote and a suc~r may then and there be elected to fill the vacancy thus created. A Director ~ removal has been pmpc~ed by the Owners shall be gNen at least ten (10) days' notice of the calling of the meeting end the pLlrlx~e thereof and shall be given an opportunity to be hea~ at the meeting. Adcliflonelly, any Director who has · three (3) consecutive unexcused al~ancas from Boa~l meetings or who i~ delinquent in the payment of an a~ees~ment I'or more than twenty (20) days may be removed by · Majority vote of the Directors et a meeting, a quorum being present. This Section -,hall not apply to Olrector~ eppolnted by Declarant. Section 7. ~. Vacancies in the Board of Directors caueacl by any reason, excluding the removal ~ a Director by vote of the Association, eh·Il be filled by m vote of the MaJortty of the remaining Directors, even though less than · quorum, at any meeting of the Board or Directors. Each Person ac selected shall serve the unexpired portion of the term. S~Ion 8. Omanb'ation Meetin~ The first meeting of the membem of the Board of Directors following each annual meeting of the membership shall be held within ten (10) days thereafter at such time and place a~ shall be fixed by the Board. Section g..l~gliJac.~lljj~a, Regular msetings of the Bcerd of Directors may be held et such time end place ae shall be determined from Mae to time by a Majority of the Directors, but at least four (4) ouch meetings shall be held during each fiscal year with at lea~ one (1) pm quarter. Notice of the regular schedule eh·Il constitute ~ufflcianl notice of such meetings. Section 10..,~&JN=MIi~J~. Special meetings of the Board of Diractore shall be held when requested by the President, Vice President or by any two (2) Directors, The notice shall opacity the time and place ct the meeting and that nature of any special business to be considered. The notice shall be given to each Director by one of the following methods: (·) by personal delivery; (b) written notice by first c~ass mail, postage prepaid; (c) by telephone communication, ~ther dlrecMy to the Director or to a Person at the Director's home or office who would reasonably be expected to communicate such notice promptly to the Director;, or (a') by telegram, charges prepaid. Ail such notices shall be given or sent to the Director's address or telephone nuttier M shown on the recorc~ of the Association. Notices sent by first clas~ mail shall be deposited into a United States mailbox at least four (4) days before the time set for the meeting. Notices given by personal deliver, telephone, or telegraph company shall be given at least forty-eight (48) hours before the time set for the meeting. Section 11. ~. The transactions of any meeting of the Board of Directors, however called and noticed or wherever held. shall be as valid as though taken at a meeting duly held after regular call and notice, if (a) a quo~,~m ~s present, and (b) either before or after the meeting, each of the 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 ne~ not specify the purpose of the meeting. Notice of a meeting shaJI also be deemed given to any Director who attends the meeting without protesting before or et its commencement about the lack of adequate notice. Section 12. Quorum of I~oard of Directors. At all meetings of the Board of Directors, a Majority of the Directors shall copatitute a quorum for the transaction of business, and the votes of a Majority of the Directors present at a meeting at which a quorum is pm,sent shall constitute the decision of the B~ard of Directors. A meeting at which a quorum is initially present may continue to transact business, notwithstanding the withdrawal of Directors, if any action taken ia approved by at leas{ a Majority of the required quorum for that meeting. If any meeting cannot be held because a quorum ia not present, a Majority ct' the Directors who are present at such meeting may adjourn the meeting to a time not 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 originaJly called may be transacted without ful~her notice. Sect[on 13..P,,,~AEIJZ~,~. No Director shell receive any compensation Imm the Association for acting a~ such unless approved by Members holding a Majo,rity of the total A~soclation vote. Section 14..QI;zPa3.M.f,~J~.g~. All meetings of the Board shall be open to all Members, but Mernbers other than Directors may not participate in any disc~_~__e-d~n or deliberation unless expressly authorized, by the Board, Section la. E~,J,~.,~g~. The Board may adjourn a meeting and reconvene in executive session to discuss and vote upon personnel mattel'e, litigation in whk=h tile A~ociation i~ or may become involved, and orders of business of a similar nature. The nature of any and ell business to be considersd in executive eolian shall first be announced in open session. Section 18. Action Without A Formal Meetine, Any action to be taken at a meeting of the Directors or any action that may be taken at a meeting ct the Directom may be tel(eh without a meeting if a consent in writing, setting h3rth the action ec taken, shall be signed by ali of the Directors. Section 17. Teleohontc Pefficieatton. One or more directors may ~c~tl in a~ vote during any ~uAr ~ ~ m~ng of ~e ~ ~ telephone conf~e~ ~a ~ ~lmiar ~mun~tton .q~pm~ ~ m~ of ~ a~ pe~ ~ci~lng in ~e meeting ~ h~r time, ~ ~ ~lr~m ~c~atlng by tel~ne s~l ~ deem~ to be pm~ ~ s~ m~ting ~r quorum ~ ~h~ ~. ~ ~h m~ting a which a q~mm ~l~es ~1 co~t~e a regula~ meeting of t~ ~. Section 18. ~. The Board of Directors N~all be resl=onaible for the affairs of the A~3eiatlon and shall have all of the powers and duties necessary for the adminiatrstion of the As~oc~.tion'$ affairs and, as provided by law, may do all acts and ti'tinge a~ are not by the Declaration, Artblee, or these By-Laws directed to be done and exercised exclt~ively by the Members. In addition to the duties irnl3osad by these By-Law~ or by an re~olution of the Association that may hereafter be adopted, the. Board of Directors shall have the power to and be resi3onaible for the fotlowing, in way of explanation, but not limitation: a00 9 3 5 P 0E 3 3 Z (a} preparation and adoption of an annual budget in which there shall be estsiolished the contribution of each Owner to the common expenses; (b) making as~e~rnents to defray the common expense.~, establishing the mean~ and methods of collecting such assessments, and establishing the period of the installment payments ot the annual a~essment; (c) providing tot the ~peration, care, upkeep; and maintenance of all areas wl~ich are the maintenance responsibility of the Association; (d) designating, hiring, and dismi~ing the personnel neceaaa,'y for the operation of the Association and, where appropriate, providing for the compensation of such personnel and for the purchase of equipment, supplies, and material to be used by such personnel in the pedormance of their duties: (e) collecting the assessments, clepo~iting the proceeds thereof in a bani< depository which it shall approve, and using Ihs proceeds to administer the Association; (f) (g) required; (h) making and amending use raatrictior~ and rules and regulations; opening of bank accounts on behalf of the AMo~ation and designating the signatories enfoming by legal means the provisions of the Declaration, thaae By-Laws, and the rules and regulations adopted by it, and bring any proceedings which may be instituted on behalf of or against the Owners concerning the Association; (i) obtaining and car~ing Irmurance against casualties and liabilities, es provided in the Declaration, and paying the premium cost thereof; (j) paying the coat of all services rendered to the AMcx=iation or its Members which are not directly chargeable to Owners; (k) keeping ~ with detailed ecoounts of the receipts and ex~enciltums affecting the .a~a:~ation and its edmin~rstion, and specifying the maintenance and repair expenses and any other exper~ea Incurred; and (l) contrading with any Pamon for the performara=e of various dUtiaa and ~unctiona. The Board shall have the power to enter into common management agreements with trusts, condominiums, or other associations. Any and all functbr= of the Association shall be fully tran~eral0te by the Board, in whole or in pa.,l, to any other entily. Section 19. J~a~ll.g~L&g~, The Board of Directors may employ for the Association a profaasionai management agenkor agents at a compensation established by the Boa~ of Directors to perform auc, h duties and services aa the Board of Directors shall authorize. The Declarant or an affiliate of the Deolarant may be employed aa managing agent or Manager. The term of any management agreement shall not exceed one (1) year and shall be subject to termination by either pan'y, without cause and without pe .hairy, upon ninety (g0) days' written notice. Section 20. ~aJZg,~l~lg. The Board of Directors el'tail have the power to Ix~row money for the purpoes of repair or re,torsion of the Common Property and facilities without the approval of the Members of the Association, provided, however, the Board shall ot=taln membership approval in the same manner as for special assessments, in the event that the pro~ bertowing is for the purpose of modifying, improving, or adding amenities, and the total amount of such borrowing exceecls or would exceeO Ten Thousancl ($10,000.00) Dollar~ outstanding ctebt at any one time. Section 21, .~. The Board shall not impose a fine (a late charge shall not constitute a fine) unle~.~ and until the following procedure ia followed: (a) Notice: Written notice shall be sawed upon the violator specifying: (i) the nature of the violation and the fine imposed; (ii) that the violator may, within ten (10) days from the data of the-notice, request a hearing regarding the fine imposed; (iii) the name, addres~ and telephone number of a pemon to contact to challenge the fine; (iv) Ihat any statements, evidence, and wit~es~e~ may be produced by the violator at the hearing: and (v) that ell rights to have the fine reconsidered are waived if a hearing ia not requested within ten (10) days of the date of the notice. (b) J:~.ai:~g. If a hea~g ia requested, il shall ba held bafors the Board in executive ~es~ion, and the alleged violator shall be given a reasonable opl:x~tuntty to be heard. The minutes of the meeting shall contain a whiten statement of the results of the hearing. Article IV Section 1. Offfeem..The officers of the Auocletion shell be a Pre, dent, Vice President, Second Vice President, Secratmy, and '~maaumr. Any two or more offices may be held by the ~ama Person, excepting the offices of President ancl Secretary. The President and ?mamJrar shall be elected from among the meml:~rs of the Board of Directors. Section 2. Elation. Te~m of Office_ and Vacancies. The OffiCers of the Association shall be elected annually by the Board of Directors at the first meeting of the Board of Directors foOowing uch annual meeting of the Mambem. A vacancy in any office arking because of de, th, resignation, removal, or otherwise, may be filled by the Board of Directors for the unexpired portion of the term. aecflon 3. Ramev~. Any officer may be removed by the Beard of Dlrsctor~ whenever, in ~ judgment, the ~ intar~t~ of the A. asociation will be served thereby. Se,.~tion 4. ~ The President shall be the chief executive officer of the ~tion shall preside at all meeting~ of the Aa,ociatton attd of the Board of Directom, The President shall have all the general ~ and duties which are incident to the office of the president of a corporation organized under the Georgia Nonprofit ~ration Code. Section 5. ~. The Vice President shall ~ in the Pmaiclent'e al:~enco and shall have all powem, dulJe~, and r~eponeibllltiea provided for the President when ~o acting. Section & ~ The Secretary ~all keep the minut~ of d meatlnga Of the A~ecciatlon and of the Board of Directors and shall have charge of such I:x~k~ and papem a the Board of DIr~<~tors may direct and shell, in general, perform all duties incident to the office of the ~ecrstary of a corporation Section 7. _Treasurer. The Treasurer shall have the rea~oonsibility ror the Association's funds and securities and shall be responsible for keeping full snd accurats financial records and I~x~ka of account showing all receipts and di,,bursements, rot preparing all required financial statements and tax returns, and for the deposit of all monies and other valuable effect8 in the name of the ~iation or the man.'..ging agent in such depositories as may from time to time be designated by the Board of Directors. Section 8. J~,~lJ~3~,~3~. Any officer may resign at ~ time by giving wntten notice to the Board or Directors, the President. or the Secretary. Such resignation shall take effect on the date of the receipt of such notice or at any later time specified therein, and unl"~,~_ otherwise specified therein, the acceptance or such taB,nation shall not be necessary to make it effective. Section 9. Second Vice President. The Second Vice President shall serve as a voting member cf the Board of Directors. Article V Committees Section 1. General. Committees to perform such teaks and to serve for such periods as may be designated by the Board are hereby authorized. Each committee shall be composed and ahall operate in accordance with the terms of the resolution ot the Board of Directors designating the committee or with rules adopted by the Board of Directors. Article VI " 8eotion 1. ~. The fiscal yea,' of the Association shall be determined by resolution of the Board. In the absence of ~ a resolution, the fiscal year al,aa be the calendar yea'. Section 2..~JJ~]:~ij~. Roberts Rules of O~er (currern edition) shall govern the conduct of all Association proceedinge, when not in conflict with Georgia taw, the Articles of Incorporation, the Declaration, these By. Laws, or ruling rna, de by the Person presiding over the proceeding. Section 3..~. If there are conflicts or inconsistencies between the provisions of Georgia law, the Articles of Incorporation, the Declaration, ~ these By. Laws, the provisions of Georgia law, the Declaration, the Articles of Inco~po~ion, and the By-Laws (in tha~ onler) ~hall prevail. Section 4. ~3:1~3~:13~. These By-Laws may be amended unilate~ly at any time and from time to time by Declarant (a) if an amendment is necessary to bdng any provision into compliance with any applloa~le governmental ~tatute. rule, or regulation or Juc~icial determination with which it is in conflict; (b) if an amendment ia naoaseary to enable any rsputal31e title insurance company to ie.~ue title insurance coverage with respect to the Units ~ubject to the Declm'ation; (c) if an amendment i~ required by an in~tlJtional or governme~al lender or purcl~aser of mortgage loans, including, for example, the Federal National MoCgege A,~ociation or Federal Home Loan Mortgage Corporation, to enable the lender or purchaser to make or purchase Mortgage loans on the Units subject to the Declaration; or (cl) if an amendment is nacese, ary to enable any governmental agency or reputal31e private insurance company to insure Mortgage loans on the Unlt~ subject to the Declaration. However, any such amendment shall not adversely affect the title to any Owners Unit unless any Unit Owner' consents to the amendment in writing. Further, ac long aa Declarant has the right unilaterally to ~ubject additional propen'y 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 title to any Unit without the consent of the affected Unit Owner. In addition to the above, these By-Laws may I~e amended upon the affirmative vote or written consent, or any combination of afflrmat!ve vote and writlen consent, of ~4embers holding at least a Majorky of Me total A,~m~cialion vote and the consent of the Declarant (so long as Declarant has an option ur~ilateraJly to subject additional property Io the Declaration as provided in Article IX of the Declaration). Amendments to these By-l.aw~ 8hall become effective upon recordation, unl~_~s~* a later effective date ia specif'~:l in the amendmenL No provision of these By-Laws which reserves or g.rants special rights to the Declarant shall be amended without the Declarant'8 prior written consent so long as the Declarant owns ar~y property in t~e Community, or eubject to annexation to the Community, primarily for development and/or ~ale. Notwithstanding the above, VA and HUD shali have the right to veto amendments to these By- Laws for as long as the ~ecla,'ant tm...s the right to appoint directors and officers of the Association under Article II1, Section 2 ot these By-Laws. In addition to the ai:x3ve, these ~y-Laws may be amended Ul3On the affirn'ative vote or written consent, oi' any combination ot a~irmat!ve vote and v,~tten' consent, o~ ~embers holding at least a Majority of the to{al Assocjalion wte and the conaent of the Oecla~nt (so long as Declara~l ha~ an option uailaterally to aubjec~ ~dditlenal prop~ly !o the Declaration a~ provided in A~ttcle IX of the Dec. Jaration). Arnendmente Io lheea gy-Lawa shall become effective upon recta'clarion, unlae~_ a later effective date ia specified in the amendment. Ne provision of these By-Laws which reserves or grant~ special rights to the Declarant shall be emended without the Declarante prior written consent so long as the Declarant owns any propen'y in the Community, o~ eut)jeof to annexation to the Community, primarily for development a,'~or eale. Notwithstanding the above, VA and HUD ~hali have the right to veto amendments to these By- Laws ~or as long as the.Declarant has the ~ht to al:~point db'ectora and officera of the ,e~,oclation und~ Artiole III, Section 2 of those By-Lawe. FILED & RECORDED FAY, ETTE COUUIY. CA. '9? FEB 19 BPI 11 03 DECLAILATIOM OF COV'EN.iNTS, CONDITIONS, AND ILESTRICTIONS FOR · W.A. BALLARD, CLER.~. Village on the Green V~-IEREAS the original Declaration of Covenants, Conditions and Res:rictior~ of V'fllage on the C-teen were promulgated and l"xecuted by ~. Robert Adams & Co., Inc. on August 15, 1994, and recorded on August 17, 1994 in Deed Book'g35, pages 298 through 335, Fayette County Records, did not specUically adopt the required intention to accept the GI:-ORGIA PROPERTY OWN'ERS ACT 0~' 1994, which became eft'active on .~u!¥ I, 1994. and Wtth'R~AS the provisions contained in said Act probably would redound to the benefit of the Village on the Green Conununity A~sociation, Inc. in that said Act repeals the 20 year expiration time for restrictions, thus allowing the current Restrictions to remain in place in perpetuity, or until changed by Home Owners in/tiative; and the Act provides stattnory lien treatment for assessments, fries and collection fees. TI-IEILEI~C~, be it hereby resolved that the follo~ing Amendment be adopted as by law and By-Laws required: The Declaration of'Covenants, Conditions, and Restrictions for '~qllage on the Green, recorded in Records Book 935, pages 298 through 335, Fa)'ette County Records, is hereby amended as follows: A. On page 1 of said Declaration, the paragraph be~ "NOW, TtiEREFOtLE," and ending with the word "thereof'." is amended by adding the paragraph: "The members of the V'dlage on the Oreen Community Association at ~ A.rmual Membership Meeting on I:ebruary 13, 1997, after due discussion, do hereby adopt, and elect to ~vail the AssociaIion and its members of and to the beneihs and provisions of; and to be governed by, the provisions of the GI~OROIA PROPERTY OV,,'NE1LS ASSOCIATION ACT Gl~ 1994, A.C.O.G Section contradiction to, or in contrast to, shall be governed by and are hereby amended by the provLgons in said Act, which said Act sl~ll become, part thereof by reference .... C: Whereas: Ail the Units of VUlage on the C, reen ba,~g been sold by the Declarant, $. Robert Adams & Co., Inc., and said Declarant has f'ultlled all of his obligations to quitclaim, deed over, and otherwise remit all bfits ri~t to input i..nto ~rdlage on the C. rreen Community Association, ~Ci; '' BE IT, and it is hereby resolved that said DECLARATION is amended by daletJag ~e word "Declarant' wherever it be used in the said DIE. CLAILATION, in so far .~ as any rights of appointment, fight to serve on any Board ofDizector$ ofthi-~ Association, amend or ch~,,$e the DECLARATION, easements of ingress or egress, except as any other member o£the public, or right to vote in any election held by the Board oi'Dizectors or Homeowners Association, or any right enjoyed or reserved under r. he said DECLARATION. F..XCIEPTI~, Any obligations owed by the Declarant to any Unit owner or to the V'fllate on the C-teen Community A.~sociation, Inc. shall not come under the purview of this Amendment, and shall not be construed u tach. A quorum being present, with notices of said meeting having been sent according to the By-Laws the within and foregoing R.e~olutions and Arnenclment were adopted by a vote of at least two-thirds of the total Association members of the tFgla~e on the Green Community Association, Inc. at its Annual meeting, February 13, 199'/. $i~ed, Scaled and d~ivered this 13th da)' of I:ebruary, 1997 in our presence: Village on the Cn'een Communit)- Association, Inc. D"onil~l Yen-tufa, Eiiith O'Connor, Secretary DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR, VILLAGE ON THE Glm~h'N BE Fi', Al'CD IT IS HEREBY P,F.,$OLVI:r~ that the followinl~ amendraents ~o the Declarafioa of Covenants, Conditions and R,esttic~ons for Village on th8 Green, dated August 15, 1994 and mxec~ed byl. Koben Adams & Co., Inc., and recorded on August 17, 1994 in Deed BookXJ35, pages 298 through 33 f, Faye~te County Kecords, be and they are hereby aclopted as by law and By-Laws provided: The Declaration of Covena.nt-~, Conditions, and Kestri~ions for Village on the Green, recorded iu P,c~ords Book 93~, pages 295 through 335, Fayette Cou.n~, P. ecords, is hereby arnend~l am follows: 1. Article VI, Section 4., tiffed ParkinS ~nd Gariges, on pa~e 7 of said Decl~a~o~ is ~end~d by deleing ~he words "~o.c~s" on the s~ond l~e ofs~d Section 4., ~d mb~ ~e words "~o~c~s" thereof. 2. ~cle ~, S~on 10, tkled ~C~C~ ST~.~5 is hereby ~ded by ~d~ to ~e center of tM rifle ~ words '~ L~SC~G', so ~t ~e ~ded title {~ be "~~C~ ~ ~SC~O ST~N~S". 3. Said Article VI, Section 10 is ~u'ther amended by adding to uh8 end of'the firs~ par~raph, ~he followinS! "All conditions, requir~u~ts, tmsUi~ons, md descriptions contained h~rmin this parad-raph, and $~iou, shall apply ~tually to lands~pin8 the ~erior portions of the Units, including, but not limit~l to, chanies or additions, (excmpt the planti~.~ or replant{~ of flowers in ~dsiing beds), and includes ail arma~ of th~..mxterior ~rounds, the use of landscape 6mbers, railroad ties, sto~'~ ired ~ i~s~allafiou dfc.ny ~ walkway. 4. Article VI, Se~on 11, gtled ~ is amended by tddi~g the n'ord~ "ct rmc~tion' imrumdiaImly fonowins the word "transmission' bedhu~.~ line tWo,thereo~, so the ira thr~ words on said line two will read: "transrnismion or r~ption'. A quorum being present, v,4th notices of the ~u'~nual Meeting h~ving ~n sent ac~rdins to the By-La~, ~d ~ dis~ion by ~e ~b~s of~e ~s~afio~ the ~t~ ~d fore~o~ Resolugo~ ~d ~enflm~ts w~e adopted by the vote ofa~ le~ ~rds of ~e tot~ ~sociafion M~b~s of~e V~a~e on ~ ~ Co~v ~ocialio~ ~c., a ils ~u~ Me~ on the 13th ~y of Febm~', 1997. Si~ned, sealed and delivered on l%bruary 13, 1997 in our presence. V'~age on the C. reen Cornn~ni~y A~ociation, Inc. Edifla O'Cor~or, Secretary A quorum bein~ pre~ent, with notices of the Armual Meeting h~vin~ been sent ~ccordin8 to the B¥-Law~, and after discussion by fl~e Members or,he A~sociation, ~he within and fore~oin~ ResolW. iorm and Amendmems were adopted by lhe vot~ of&~ Ica.q two-thkds of the to~aI Associa.fion Membe~ of~e Village on tl~ Ga'~ Community A&sociation, linc., at hs A,rmual Mcctlng on the 13~h day of February; 1997. $i~ned, sealed tnd delivered on l:ebmary 13, 1997 in our presence. 'v'dla.ee on the Green Comnnmity ,a~odat~o~ ~c. By: D°r. at~ V[nmi~, l~t~si~e~t ~u Edith O'Connor, Secretary FAYETTE OOU~gTY, This Amendment (hereafter referred to as the "Amendment") to the Dechration of Covenants, Conditions, and Restrictions for Vilhge on the Cyreen is made thi~ 20th day of August, 1998, by V'fllage on the Green Community Association, Inc., a C-~orgia Non-Profit Corporation (herea/ier referred to a the ("Association"). WITNESSETH: Whereas Village on the Green Community Association, Inc. is the "Association" under the Declaration of Covenants, Conditions, and Restrictions for Village on the Green, dated August I$, 1994 and recorded in Deed Book~935, page 298, et seq., Fayette County, Georgia records, as amended by amendments to Declaration of Covenants, Conditions, and Restrictions for V~lhge on the Green, dated Febma~ 13, 1997, and recorded in Deed Book 1138, page 001, et seq., aforesaid records, Deed Book 1128, page 003, etseq., aforesaid records, and amendment dated June 11, 1997, and recorded in Deed Book 1156, page 276, e! seq., aforesaid records, (hereinafter, as ~smended, referred to as the "Declarations"; and WHEREAS, purp,,nt to Section 4, Article XII of the Declarations and Section ~.-3-226 of the PeA Act, O.C.O.G.A, the Association may amend the Declarations upon the atT~ative vote or w~ilten consent and/or any combination thereof of Members holding at least two-thirds of the votes of the members of the Association; and WHEREAS, memhers of the Association having at least two-th/fda (2/3) of the total vote of the Association, voted in person or by proxy at the Annual Me=ilag of the Association held on Augns~ 20, 1998, w&ten notice of which was sent to ail members not less than 10 days nor more than 30 days in advance ofthe me~ilng setting forth the Amenameut as a purpose of the me.ii.g, and including a copy of said Amendment; and WHEREAS. in accordance with the provisions of the PeA Act Section 44-3-226(d), attached hereto as "Exlu~it A" and made a part hereof by reference, is the sworn statement of the Pres/dent of the Assochtion, wix/ch stateme~ states that the Amendment received the required vote of a 2/3 majority of the of the members of the Associstioix, and that all notices required by the Declarations, By-Laws and the hws of Georgia w.~e hwr-ully followed; and WHEREAS, said Amendmtmt is proposed by the Board of Directors to more clearly define a Condition to be~t the planned i~amework of the Vi~ge on the Ort~n, and in accora~mce with the intent of the Dechrant, Article VII of the said Beclarations and the publi~ed ..method and scope of the oti~inal and continuing budgetary process, and usage; NOW THEREFORE, the following Amendment to the Declaration is hereby adopted by the Members of the Association: Paragraph two, Section 1. AKTICLE V, of said Declaration is amended by deleting said Paragraph two and sub~titating therefor the following Paragraph two: '~rhe Association shall provide exterior maintenance upon Unit imprOVements as follows: replace roof surfaces, gutters and downspouts when required by norm~l wear and usage, lake care of and replace retai~ing w~ll_~ for retention ofait:Fer~t elevations between Lots, and commou drives and alley; pressure clean the wa~s of each home every two years, and wash the windows every year; and for the Attached Units insured under the Association's Master Insurance Plan, in accordance with, and as provided in Article VII of said Declaration, the Association shall provide for the repair and maintenance of the roof' and exterior but~di~g surfaces, with the exception of entry doors, garage doors, glass and their appurtenant hardware." IN WITNESS WHEREOF, the Association has caused this Amendment to be subscribed and executed by ks duly authorized officers and under its seal the day and year above s~ our. ~ BT. AU;est: Signed, Sealed and delivered 1998 (CORPORATE SEAL) 5S9 EXI-fl~ IT A r ~ Ammvrr 1 8 5 9 0 STATE OF GEORGIA COUN'I~ OF FAYETTE Subject: Amendment to Declaration of Covenants, Conditions and Restrictions for Village on the Green P~rsonally appeared before me, authorized by hw to ad,,~h,i;ter oaths, the undersigned deponent, who, after having been duly sworn, deposed and said that: 1. Deponent is the President of Village on the Green Community Association, Inc. 2. Deponent is duly qualified and authorized to make thi~ affidavit and knows the facts contained herein ofhi.~ own personal knowledge. 3. The foregoing Amendment to the Declaration of Covenants, Conditions, and Re~ttictions for Village on the Green was agreed to by the required majority of two-thirds (2/3) ofthe members of the Association as provided by hw and the Declarations and all notices required by the Declarations, By-Laws of the Association and the Georgia Property Owners Association Act (O.C.O.G. Section 44-3-220 et seq.) were properly 4. Deponent makes thi~ affidavit puxsmmt to O.C.O.G. Sections ~.4 2-2 and ~.~. 3-226(d). ~ ~ day of~u~, ~998 Donald L Venrura, Deponent Sworn to and subscribed before me this,OT~day of Notary Public UPON RECORDING RETURN TO: David N. Dorouth, Jr., Esq. Dodson, F¢ldman & Dorough, L.L.P. Attorneys At Law 6000 Lake Forrest Drive, N.W., Suite 300 Aflan~,, Geor$ia $0325 '@? JL, I tl PR 1 W.A. BALLARD. OLER~, AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS I~OR VILLAGE ON THE GREEN This Amendment (hereimtter referred to as ~he "Amendment") to the Declaration of Co¥~'aanr~, Condition, and Resuictiom for Village on the Green i~ made tiffs //'~'day of ;y"~/~ ,1997, by Village on thc Crreen Community Association, Inc., a Georgia non- pr~ofit corporation (hereinafter referred w u ~he ",~,ialiml"). WHF. REAS, Associagon is the "Assecialion" under d~t ceftin Declaration of Covcnanu, Conditions, and P-e~ricQom for Village on the Green, da~xi Au~ni,st 15, 1994, and rccordcd in Deed Book 935, page 298, et seq., FayeUe Count, C-eorlda records; a~ amended by ame~lments to Declaration of Cov~tnts, Conditiova, a~l R~s~rictiom for Village on ~e Green, dau~d February lB, 1997, record~ in D~ed Book 1128, page 001, et $e~/., a~d Deed Book 1128, page 003, et ~eq. doresaid records, (hernia,r-,er, as ~-nded, refc~e~ m z~ r~ ,,~'); ~t WHEREAS, Village on the Green i,s a "Property Owners' Develoi~__ ent' under and p~t m the Georgia Property Owners' Association Act, O.C.G.A. ~44-3-220 e~ ~eq. (~he "POA Act"); a~xt WttEREA$, purm,~ to Section 4 of An/cle XII of ~lz D~laration ~ ~on ~-3- 225 of ~ POA A~, ~ ~s~iafion my ~d ~ Dm~fion upon ~ ~fivc voe or wfi~ co~ ~ ~y c~fion ~f of M~bers hold~ al l~t ~o-~ ~/3) of ~c vows of ~ ~ of ~ ~s~Uon ~ ~ co~ of ~ ~~n (so 1o~ ~ ~ WHBRF_~S, members of the Associalion havin~ at le~t two-~i,~s (2/3) of the Wral vote of',he Association, vot_,~_ in person or by proxy, at a mecdn~ duly called for such purpose, h~ld on ~f_~, 1997, writien noQce of which was scm to all members not less than tea (10) days nor more thsn thirty ($0) days in advance of t~ meeting setting forth the purpose of the meeting, to amend the Declaratioa as hereinafter provided; and WHEREAS, in accordance with thc provisions of POA Act Section 44-$-226(d), attached hereto as ~ a~t inoorporalcd hsrein by reference is thc sworn statement o~ the President of the Association, which sworn statement states unequivocally ti-at agr~ment of tlle required two-thirds (2/3) lllajority of A~sociation n~nbers was lawfully obtained; and WttEREAS, pursus,~t to Article X of the Declaration, the consent of any mortgage holder, HUD, VA or any secondary mortgage market entity is not required; and WI-IF.I~A$, this Amendment is not being adopted during any period in which the Declarant has the right to appoint or remove oflic~rs and directors of the Association or any right to annex add~ona.1 proper:y to the Declaration and therefore does not require the co~sent of the Declarant; NOW THEREFORE, the Owners hereby adopt this ~nt to tt~ Declaration, hereby declari~ that all the property now or hereafter lubject to the Declaration sb~n be held, conveyed, encumbered, used, occupied and improved subject of the Declaration, amended as follows: A. Use Restrictions and I~ules. Ankle VI of the Declaration is hereby amended by adding new Section 15 to read as follows: Section 15. (a) ~ner~l. The Units withi,~ Village on the ~ee~ are ~ for ~e ~i~ of pemom 55 ye~ of age or' older. ~ provisiom of ~ ~cle ~ ~d to ~ com~mnt. wi~, ~ ~ s~ fo~ ~ o~r to c~ply ~ ~ F~ H~tng ~~ ~t, 42, U.$.C. t3601 et $eq. (1988), ~ ~ (~ "~t"), ~ ~ ~fion th~m provided by 42 U.S.C, 13607~)(2)(C) mg~aln~ dhc~fion ba~ on f~ m~. ~ ~mciafion, ac~ thr~gh ~ Bo~d, s~ ~ve ~ power ~ ~ this ~on, w~l ~e coment of · c ~ or ~ p~n, for ~ p~osc of ~ ~ S~on ~mh~ wi~ ~e Act, ~ it ~y he ~, ~ re~o~ ~op~d ~u~ ~rem, ~ ~y j~ ~iom ~h~ ~e~ or o~e reh~ ~rem, ~ or~ m ~ ~ ~ ~ ~orceab~ of ~ ~cle. (b) Restrictions on ~.~.u?ncy, (i) Each occupied Unit within the Comm~ni~ shall at all ,i,~s have as permanent occupant therein at least one person who is 55 years'of age or older (the 'Qu~lifi/ing Occupant'); provided, in the eye, ti of the death of a person who was the sole Qualif'yin~ Occupant of a Unit, the spouse of such Qualifying Occupant may continue to -2- occupy the Unit as long as thc provisions of the Act and the regulations adopted thereunder are not violated by such occupancy. For Imrposes of this Section, an occupant stroll not be considerod a "permanent occupant" unless .such occup~t considers the Unit tn be hi~ or ~cgal resid~nc~ ~ ~cu~lly resides in the Unit for at least six month~ during every calendar (ii) No Unit s~lt ~ occupied by ~ny person under th~ age of 15. For purposes of this Section, a Uni~ ~ be ~ to be "occupied" by any person who says overnight in the Unit for more t~,~ twen~-one (21) days in any sixu (50) day period or for mom ~ ~irty (30) days in any 12-rnonth period. (iii) Non',i,L~ in this Section i~ intended tn restrict the ownership of or transfer of title to any Unit; provided, no Owner may occupy the Unit unless the requirements of this Article are met nor shall any Owner permit occupancy of ~he Unit in violation of thi-~ Section. Unit Owners shall be responsible for including the statement r~.t the Units within Village o~ the Green are intended for the lwu-~ing of persons 55 years of age or older, as set forth in subsection 15(a) of ~ Section. in conspicuous type in any lease or other occupancy agreement or con=act of sale rehtin~ tO such Owner's Unit, which agreements or co~tracts shall be in wriCiI~ and signod by the ~l~ni or purchs~er, and for clearly disclosing StlCh intezl~ w any prospective tena~, purchaser or other pote~ti~! occupant of the Unit. Every lease of a Uni~ shall provide tha~ failure to comply with the requirement, and restrictions of this Section sh~ll constitute a default under the lease. (iv) Any Owner m~y request in writing tl~t the Board of Directors make an exception tn the requiremc~ of this SectiOn with respec~ tn his or her Unit. The Board of Directors may, but shall not be obligarod w, grant exceptions in i~s sole discretion, provided rh~ thc requirements for exemption from the Act would s011 be met. (C) ~l~n~re in Ocm~ ~: l~ofifiq~tio-. In the evellt of any change in occtlpancy of any Unit, as a rcsuk of a transfer of tide, a lease or sublease, a birth or death, c~,,~l¢ in marital status, vacancy, cl~s~,.~e in location of permanent residence, or otherwise, the Owner of the Uni~ shall immediately notify the Board in writing and provide to the Board the names and ages of all current occupies of the Unk and such other information as the Board may reasonably require to verify t~ age of each occupam. In the ¢v~ ',hat an Owner f'&ls tn llofif~ the Board ~ provide all required infotY,,~tion within ~ (10) days aft. er a change in occupancy occurs, the Association shall be authorized tn levy monetary fines agsi~t thc Owner and the Unit for each day after the c~nge in occupancy occurs un~il the Association receives the required notice and information, regardless of whether the occupan~ continue to mcct the requirements of this Article, in addition to all other remedies available to the Association under this Deciatation and Georgia law. -3- (d) ~fonitcrrin~ Com?linnee: Appointment Of Attome?in-Fa¢£. (i) The A~sociarlon shall be responsible for maintaining age records on all occupants of Units. The Board sh~;! adopt policies, procedures and rules to monitor and maintain compliance wi~h this Axrlcle, including policies rcsa~ding visitors, updating of ase records, the granting of exemptions pursuant to subsection 15(b)(4), and enforcement. The · Association shall periodically distribute such policies, procedures and rules to th~ Owners and make copies available to Owners, thek t~nan~ and Mortgagees upon reasonable reClU~St. (ii) The Association shall have the power and authority to enforce t~is Section in any legal manner avnilnble, as thc Board dee~s appropriam, including, withou: limitation, conducting a census of the occupants of UniIs, requiring copies of birth certificates or or.her proof of age for each occupant of th~ Unit to be provided to the Board on a periodic basis, and taking action to evict tl~ occupants of any Unit which does not comply with the requir~nents ~.a resu'ictiom of this Article. EACH OWNER ~Y APPOINTS ~ ASSOCIATION AS rl's ATTORNEY-IN-FACT FOP, THE PURPOSE OF TAKING LEGAL ACTION TO DISPOSSESS, EVICT OR. OTHEAWISE REMOVE TI-rE OCCUPANTS OF HIS OR HER UNIT AS NECESSARY TO ENFORCE COMPLIANCE WITH THIS ARTICLE. F.~ch owner shall fully and trur.h.Mly respond to any and all requests by the Association for information regarding thc occupancy of his or her l~ni~ which in the judgment of r. he Boazd are reasouably necessary ~o monkor complian~ with ~is Article. (iii) Each Owner shall be responsible for ensuring compliance of the Owner's Unit with the requirements and restrictions of this Article and th~ rules of the Association adopted hereunder by the Owner and by the Owner's r.c~ams and oth~ occupants of such Unit. EACH OWNER, BY ACCEPTANCE OF TITI.I:- TO A UNIT, AGREES TO INDEMNIFY, DEl:END AND HOI=D THE ASSOCIATION HARMI,ESS FROM A.NY AND ALL CLAIMS, LOSSES, DAMAGES, AND CAUSES OF ACTION WHICH MAY ARISE FROM FAILLrRE OF SUCH OWNER'S UNIT TO SO COMPLY. B. ~. Unless otherwise ~ftmcl he,cia, ~ words used in this Arn~_n__clmelll ~hnll have ~ S&II~ l~,~n|n~ U S~t forth in ~ l~lar'~fiOll. effect. ~t~ec~. F. xcept as he,~ein modified, the Docl~'alion ,hn11 rem~,i- in full force and [$IONA~ ON FOLLOWINO PAGE] IN WITNESS WHEREOF, tl~ Association l~s ;aused this Amendment to be executed by i~ duly authorized officers and under ira seal as of tl~ day and year f~rst above written. VH.!.AGE ON TH]~ G1;~EEN COMMUNITY ASSOCIATION, INC. By: ~ Domld L. Venmra, Preside,~t Title: ~cretary Signed, sealed and d~live~:l [CORPO~TE SEAL] -5-