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Twiggs Corner DECLARATION OF COVENANTS, .--.- . "..._.,- ~~ CONDITIONS AND RESTRICTIONS FOR TWIGGS CORNER CONDOMINIUM HYATT & RHOADS 2200 Peachtree Center Harris Tower 233 Peachtree Street Atlanta, Georgia 30303 (404) 659-6600 TABLE OF CONTENTS Section 1 Purposes and Uses 2 Units and Boundaries 3 Limited Common Elements 4 Common Elements 5 Allocation of Votes 6 Allocation of Liability for Common Expenses 7 Amendment 8 Preparer 9 Assessments and Compliance 10 Easements 11 Leases 12 Notice of Proposed Sale or Lease Page 1 1 2 3 3 3 3 3 3 4 5 5 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR TWIGGS CORN~CONDOMINIUM The submitted property is the property described in the Original Declaration. The legal description of said property contained in the Original Declaration and designated therein as Exhibit "A" is specifically incorporated by refer- ence herein and made a part hereof. Section 1. PURPOSES AND USES. The condominium is formed for residential purposes, and units shall be occupied and used by the owners only as private residences for the owner, the owner's family, tenants and guests; units shall be used for no other purpose and no business shall be maintained or conducted in any unit, except as may be permitted by the terms of this Declaration or the By-Laws of Twiggs Corner Condominium Association, Inc. (herein- after the "By-Laws"), which may provide that units may be used as leased property or for other specified purposes. The owners! \]hall also comply strictly with any use restrictions, rules, orr regulations contained in or promulgated ,in accordanc~ with the~ '~y-Laws; provided, however, that this provision shall not be . construed to impair the right of any owner to sell, rent or lease units so long as such sale, rental or lease is in accordance with the applicable provisions of the By-Laws. ~ ~1t~"2.~,n.t., 9J.:, l~:.?.,.~ee of a unit shall be in all respects subject. to the Declaration, By-Laws and any and all rules and regulations -a"s may, from time to time, be promulgated by the Association or the Board of Directors as if such tenant or lessee were an owner. Section 2. UNITS AND BOUNDARIES. The structures are depicted on and have been con- structed in accordance with plats, site plans and architectural drawings, including floor plans, showing the location of the units within the structures, filed and recorded in the Office of the Clerk of the Superior Court, Fayette County, Georgia and described in Exhibits "B" and "B-1" of the Original Declara- tion, as amended. Such plats, site plans, architectural -drawings and exhibits, having been filed with the Original Declaration and thereafter amended, are specifically incorpo- rated by reference herein and made a part hereof. Each unit shall in all respects constitute a separate parcel of real property which may be owned in fee simple and shall include all the space within the boundaries thereof, which space shall include the basement, if any, serving that unit. The vertical boundaries of each unit shall be the -1- "t- J. ~. .:;\',2 , :.\~ 'If .. -., "::.. .....- , -j"" j ,i!..', f. "J"j!::. '; r,\;'~H . )( rfl'i .( ~ ; ~:~( 01, ',; ~~t ,;', ",f ~ ~'" , f~\ ,;~(r'J .,~ :r>'. ~ i' t \ ":'\ \ ' I '\ ,\~ , \ ~," ...,~' ~ exterior unfinishe~L.surface of the outside walls of the uni ts as the same-- may-'e";C'ist'''upon compietion of constructi~n.' Exterior glass surfaces, such as windows and sliding glass doors, serving the unit shall be inclu~e4 within the vertical boundaries thereof. However, with respect to an interior wall between units, the vertical boundary of each unit shall be fixed at the center line of such wall between units and such wall shall be a limited common element, as defined in this Declaration and in the Act, serving only the units affected. With respect to units constructed above garages, the lower horizontal boundaries thereof shall be the plane of the upper surfaces of the chords of the wood trusses which serve as floor joists. In interpreting deeds and plans, the existing physical boundaries of the unit or of a unit reconstructed in substantial accordance with the original plans thereof shall be conclusively presumed to be its boundaries rather than the metes and bounds expressed in the deed or plan, regardless of settling or lateral movement of the building and regardless of minor variance between boundaries shown on the plan or in the deed and those of the unit. The Q.NIL~J~~t1:!-_p".of a unit shall include, as an appurtenan()e tnereto, the gara'g'e"spa:ce;"lT""any, serving the uni t as shOwn' on the architectural pla'fis""'thereof. Further, the ownership of a unit shall include its appurtenant percentage of undivided interest in the common elements and percentage of voting weight assigned to the unit for voting purposes. Such undivided interest in the common elements shall not be separated from the unit to which it appertains and shall be deemed to be conveyed' or encumbered with the unit even though such interest is not expressly mentioned or desribed in the conveyance or other instrument. A unit owner shall automatically be a member of the Twiggs Corner Condominiumn Association, Inc. (hereinafter the "Association") and shall remain a member thereof until such time as his ownership ceases for any reason, at which time his membership in the Association shall automatically pass to his successor in title. " '" These definitions setting forth unit boundaries shall be governed by the provisions of Section 12 of the Act. Section 3. LIMITED COMMON ELEMENTS._ ..-: _If ~ ........-- Ownership of each unit shall entitle the owner or owners thereof to the exclusive use of the limited common 'elements ass~~ned to that unit, which incluoes."""f,"ne-laiio'oh" whic~the un1t i; located and the patio area, if any, serving the unit, as well as any stairwaY,'~""Q..~.2..}~nding, steps or ,; other structure attached to and serving the Unit. Limited ;;\common elements shall not be construed or interpreted to be l~~eparate and apart from common elements in general, being ~limited only with respect to the reserved use thereof to the units served. -2- "I' .; "t Section 4. COMMON ELEMENTS. ......... ,":" ~_~.U "'M3f''iJ,1 ~ __,J_ The percentage of undivided "interest in the common elements assigned to each unit is as pro'vided in Exhibit liB" of the Original Declaration. Such assignmehts are reprinted and attached hereto. (The common elements include'all portions of th~' property not within the boundaries of a unit, as well as fo~~tions, ,structural slabs J bearing walls, all utility 110 s, se~er lines, water lines, pipes, wires, conduits and duct work serving more than one unit, retaining walls, drainage, structures, streets, shrubbery and trees.)Heating and air- cona1~10n1ng units, if any, serving a singie unit, and appliances and plumbing fixtures within a unit shall not be construed or interpreted to be a part of the common elements. _~'r." '.....n.'... . Section 5. ALLOCATION OF VOTES. The number of votes allocated to each unit, as is more particularly provided in the By-Laws, shall be the percen- tage of undivided interest in and to the common elements for that unit, as provided in Section 4 hereof. Section 6. ALLOCATION OF LIABILITY FOR COMMON EXPENSES. Except as otherwise expressly provided herein or in the By-Laws, each unit is hereby allocated a liability for common expenses in the same proportion as the percentage of undivided interest in and to the common elements for that unit, as provided in Section 4 hereof. Section 7. AMENDMENT. This Declaration may be amended by the affirmative vote or written consent of the members of the Association holding two-thirds of the vote thereof. Notice of any meeting in which a proposed amendment may be considered shall state that fact and the subject matter of the proposed amendment. ~ _<!l_I.J!..~I1_<!~J,U)~~.h~.!.L.!lSt, ~ff'p.~~ue until (iled w:t,.t.A.. th~ (;1 p~~ S'" ,r. .... ,,^, t l' J;. tt " tn' ...~~,R.,~r~~lJr._...Q -,,~<~~ JL.v$>MD Y, )It~Qri.a.. Section 8. PREPARER. This Declaration was prepared by Richard P. Voss of Hyatt & Rhoads, 2200 Peachtree Center Harris Tower, 233 Peachtree Street, Atlanta, Georgia 30303. Section 9. ASSESSMENTS AND COMPLIANCE. The Association shall have'the right to make and to enforce rules including the right to impose fines and to sus- pend use privileges as permitted by Section 13 of the'Act. The -3- \ 'J \..V,--" Association .lAll also have all assessment and lien rights in- cluding the p~wer to impose and assess late charges, costs and attorneys' fees. Such fines, late cha~ges, costs and attor- neys' fees may be collected as provided for the collection of unpaid assessments. These rights shall be exercised as provided, in the By-Laws. The Association s~C!!f. h~Y~,.l.....iigp, the_ (".-.~oar..d... of Directors may make .r~~Qna2~e..tules and regulations to . en:for~-e>;)a reaso~abf~ r~gh_~__c;.f ~_~y to units.....!or ~~~"r~en.cx!.._...... secur~ tYand sarety. ~!lCFI~.!.gJ}!::.JD-9-]l be exerc~secroy Uie Asso- 'ciat~on's d~rectors, officers, agents aqd ~m~~9~"L-man~&~r~ ~nd all policemen, firemen, ambu~~!!ce~~.2E~EL~=ar,::L~,2J.!~,"!l>}:,~"t1,~!'._ emergency personnel in the proper performance of their i:especti ve duties. --"--'---~,' ," =,-~"=~-~====, Section 10. EASEMENTS. The following easements from each unit owner, to each other unit owner and to the Association are hereby reserved and established: (a) Use and Enjoyment. Every unit owner, his fami- ly, servants and guests, shall have a right and easement of use and enjoyment in and to the common elements and such easement shall be appurtenant to and shall pass with the title to every unit, subject to the following provisions: The right of the Association to limit use and enjoyment thereof to the unit owner and their respective families, servants and guests, as well as to provide for the exclusive use and enjoyment of spe- cific portions thereof at certain designated times by a unit owner, his family, servants and guests; the right of the Asso- ciation to limit the number of guests of unit owners; the right( of the Association to charge admission and other fees for the use of a particular recreational facility (which charges and fees shall be added to and become part of the assessment to . which the unit owner is subject); the right of the Association \ to borrow money for the purpose of improving the common elements and, in aid thereof, to convey the property as security for the payment of such loan, with the rights of the i holder of the security deed being subordinate to the rights of the unit owners; and the right of the Association to suspend the voting rights and right to use of the recreational faciii- ties by a unit owner, his family and guests, for any periOd of time during which an assessment against his unit remains unpaid or an~ s~~a~ate charge ~ncurred by such un1t owner ror use or the recreational facilities remains unpaid, or for infraction of its published'rules and regulations. (b) Maintenance and Repair. There shall be an easement through the units and the common elements for the installation, maintenance, repair and replacement of units and the common elements. Use of this easement shall be only during normal business hours, except that access may be had at any' time in the case of an emergency. -4- (c) Structural Support. Every portion of a unit which contributes to the structural support of another unit shall be burdened with an easement of structural support. (d) Encroachments. An easement shall exist for the maintenance and use of any portion of the common eiements which encroaches' upon a unit. Minor encroaQhments resulting from the rebuilding of a unit or common element which have been pa~tial- ly or totally destroyed, or due to settlement, or slight physical change, shall be permitted and an easement for said encroachments and maintenance thereof shall exist. (e) Utilities, etc. There shall be a general easement upon, across, above and under all of the Property for ingress, egress, installation, replacing, repairing and main- taining all utilities including, but not limited to, water, sewers, telephone and electricity or other community service if and when installed, such as, but not limited to, a master tele- vision antenna system should the Asso~iation determine to have such a system installed to serve the community. By virtue of this easement, it shall be expressly permissible to erect and maintain the necessary poles and other necessary equipment on the Property and to affix and maintain wires, conduits, cables and the like on, above, across, under and through the roofs and exterior walls of the units. Should any person furnishing any service covered by this general easement request a specific easement by separate recordable documents, the Association, shall have the right to grant such easement under the terms hereof. Section 11. LEASES. Any lessee or tenant shall in all respects be.. ~the terms and conditions of this Declaration, the By-Laws, the Articles of Incorporation, and 1he rules and regulatinn~ adopted pursuant thereto. The lease of any unit or residence shall be in writing and shall conform to rules and regulations governing leases, if any, adopted by the Board of Directors. Section 12. NOTICE OF PROPOSED SALE OR LEASE. Any owner intending to sell 'or lease his unit shall give notice in writing to the Board of Directors of such intention, stating the name and address of the intended pur- chaser or lessee, the terms of the,proposed transaction and such other information as the Board may reasonably require. The Board of Directors shall have authority to make and to enforce reasonable rules and regulations in order to enforce this provision, including the right to impose fines constitut- ing a lien upon the unit sold or leased pursuant to Section 41 of the Georgia Condominium Act. -5- IN WITNESS WHEREOF, the undersigned signifies that this amanedment' was duly adopted this I .~ day of A P-tt. II.- , 1978. TWIGGS CORNER CONDOMINIUM ASSOCIATION INC., BY: ,~ Robert C., Br~ ' ATTEST:' ,t<...,' / Paula Meaders, Signed, sealed and delivered in the presence Of:;47, ~ ' ~~ L~/1~ WI N S ',... .' ,/, '~.... ':"~' ':---" ~" -I.'--~' ,:NOT;i~r1>u~ti~----' ( ~ ~ /l~" . G :: ': , ; ': ' ' Nof~ry Pu!'lrc, GeorgTa Stale at lorgG " \ /) _ " . ,MY Commission Expires April J6, J978 ~ ,jl,'. l! ("., ,l, :, .- -''''';;~! '::," ,,; , :':,..:' "1, ( J'l' .~..' "'" t" I\~ t' . . .. . " ~. ........... : .,. ~.: ',. ~ ...l' .::.t "':':'li7 t ;"\ ~; .' " .. I ':, \ t 1,/: . t;:jl"d i....; .,-:', ", ,'! ~,:~~:\.~.. ,..;::'__-. __~"Jt.a,.._ STATE OF GEORGIA", ,~~~~:-':',",li.1.~. (/, (, COUNTY OF FAYETTE \ '" ':R!:~orded i~l l~oc.~{ -1-~,-.-." Jar;esa 1: this .;to '-day of l.{j(/I,. .19/.11 ,AMENDHENT TO DECLARATION OF C@ViNANTS T.J{~1 t{_~~~~J..(3-J.jt~,,~__ CONDITIONS AND RESTRICTIONS FOR Cllldr TWIGGS CORNER ~~~~: ." ~,'."'., ~-. .'".....';: . C;r::.}.i....l\. WHEREAS, Mathews-Phillips, Inc. (hereinafter the "Declarant") filed a Declaration of Covenants, Conditions and Restrictions for Twiggs Corner (hereinafter sometimes referred to as the "Original Declaration"), dated April 16, 1973 and recqrded in Deed Book 119, Page 400 et seq~, Fayette County, Georgia Records; and WHEREAS, the Original Declaration has been amended by a certain amendment dated November 8, 1973 and, recorded in Deed .Book 125, Page 613 et seq., Fayette County, Georgia Records; and WHEREAS, Twiggs Corner Condominium Association, Inc. (hereinafter the "Association") was incorporated under the laws of the State of Georgia on April 5, 1978 in order t~ be and constitute the Asiociation to which reference is made in the Declaration of Covenants, Conditions and Restrictions for Twiggs Corner; and WHEREAS, the By-Laws for Twiggs Corner Association (hereinafter sometimes referred to as the "Original By-Laws"), attacheu ~o the Original Declaration and designated therein as Exhibit "en, may be amended at any regular or special meeting by the affirmative vote of a majority of the members r,epresented at the meeting; and WHEREAS, the Association desires to amend the Original Declaration (including the original By-Laws) for the purpose of submitting the condominium property known as Twiggs Corner to the A .."i,a c.P'll,~,'.,~YII!..."~!.JJJ:..,,E;!pe~_l1,__",~,..,'~ ",_, times r.~tarr.ed to,g 'fl.""", "~s 1 75' No. 463; Ga.' 0 e )rn.. ' ~,0~ t.opl? .~_~16Ql ~ et seq.; .and.' .."'...,,, -", .. WHEREAS, the Original Declaration provides for amendment thereto by the assent of at least two-thirds (2/3) of the votes of the Dwelling Unit Owners who are voting in person or by proxy at a meeting called for that purpose; and . WHEREAS, this amendment has been approved as provided in the Original Declaration (including the Original By-Laws), as certified by the Board of Directors and evidenced by the attached Secretary's Certificate; -i- NOW, THEREFORE, the Decl.,.: Conditions and Restrictions for Tw~~ By-Laws for Twiggs Corner Associati~fi follows: ;f Covenants, , "et' (including the ;i~ ',hereby amended as 1. , The property submitted by the Original Declaration is hereby submitted to the provisions of the -'L~>:r~.ic;_J~..Q,n,~,$~HlJj,nJ,wa Acti Ga. Laws, 1975, No. 463; Ga. Code Ann. Sect10ns 5-lbOle -1; " ,~".., -",.. ,...-, ' ..', '. ..-..' .. ,'.. ' '.. '.. '.. ,"'" I , ' , '," .... !, _. :s.:<J_~,.. 2. The name of the condominium, heretofore known as Twiggs Corner, is hereby changed to Twiggs Corner Condominium. 3. The Original Declaration (including the Original By- Laws), as amended, is hereby amended by striking said Original Declaration, as heretofore amended, in its entirety, except as portions of said Original Declaration may be incorporated by reference herein, simultaneously substituting therefor the following Declaration of Covenants, Conditions and Restrictions for Twiggs Corner Condominium (hereinafter sometimes referred to as either the "Declaration" or the "Amended Declaration") and the By-Laws of Twiggs Corner Condominium Association, Inc~, which are attached to the Amended Declaration as an exhibit for recording simultaneously therewith and as an integral part of the condominium instruments: -ii- . /~ / ... 9 Secretary of State Corporations Division 315 West Tower #2 Martin Luther King, Jr. Dr. Atlanta, Georgia 30334-1530 DOCKET NUMBER CONTROL NUMBER DATE INC/AUTH/FILED: JURISDICTION PRINT DATE FORM NUMBER 050691219 H803462 04/05/1978 GEORGIA 03/10/2005 215 '" ANDREW BERGEN 12 TWIGGS CORNER PEACHTREE CITY, GA 30269 CERTIFIED COPY I, Cathy Cox, the Secretary of State of the State of Georgia, do hereby certify under the seal of my office that the attached documents are true and correct copies of documents filed under the name of TWIGGS CORNER CONDOMINIUM ASSOCIATION, INC. A DOMESTIC NONPROFIT CORPORATION Said entity was formed in the jurisdiction set forth above and has filed in the Office of Secretary of State on the date set forth above its certificate of limited partnership, articles of incorporation, articles of association, articles of organization or application for certificate of authority to transact business in Georgia. This certificate is issued pursuant to Title 14 of the Official Code of Georgia Annotated and is prima-facie evidence of the existence or nonexistence of the facts stated h2rein. ~ Cathy ox Secretary of State L!:U lQJ Ll~UlJD~ U LS OfFICE OF SECRETA.RY OF STAT <<UZ> ,-V4/t''---, ~ C2? _, /(~ ,~-r.# (~('A-?'&J?/n~ ~Jonj -?of c7ec~ta.7>cy/ (~;t?CU~?/ ~f9lt'P a~_ _ /: ./l/C& . p? /, .L L.. :/-/), ~ ~;u.e/fJP" C7.-e(l'~Ul'j>Ctb;h~nJc;y;et3'J"~/fn(,U" "TWIGGS CORNER CONDOMINIUM AS$OCIJ1.TION, INC. II has been duly incorporalt'd under the laws of the State of Georgia on the 5th April . 19 78 . by the filing of articles of incorporation in the office of the day of Sendary of St:Jte and the fees therefor paid. as provided by law, and that attached hereto is a true copy of said art ides of itKOrpor:ltiOIl, IN TESTIMONY WHEREOF, I have Iwrellnl., ,et my hand and ut"fixed Ihe seul of my office, at tht' ('''piIOi, in the Cily or AlIunl:t,lhis 5hh duy or April in rhe yrar of Ollr Lord One Thousand NiM Hundred :tnd SCienly Eight and of the Independclk'e of the Ur;ilcd Stales or Allleri~a the Two Hundred und Two. '''''''^,,~~,,~ol~,.~ <'OMMISSIONEK OF THE ST.'\TI-: OF (;EOH',;li\ 67 STATE OF GEORGIA COUNTY OF FULTON MR ,,) "7 ';;iJ'70 .J :,;. ! ~ 1 U I , RECUVED BE", 4',:, . ." \-.:;. .~rL SE:"::.. j' . ~;f STArE ARTICLES OF INCORPORATION OF TWIGGS CORNER CONDOMINIUM ASSOCIATION, INC. Article 1. Name. The name of the corporation is Twiggs Corner Condominium Association, Inc. Article 2. Duration. The corporation shall have perpetual duration. Article 3. Applicable Statute. The corporation is organized pursuant to the provisions of the Georgia Nonprofit Corporation Code, Ga. Code Ann. Sections 22-2101 et seq. Article 4. Purposes and Powers. The corporation does not contemplate pecuniary gain or profit, direct or indirect, to its members. In way of explanation and not of limitation, the purposes for which it is formed are: (a) To be and constitute the Association to which reference is made in the Declaration of Covenants, Conditions and Restrictions for Twiggs Corner (hereinafter the "Declaration") establishing a plan of development and recorded in the Office of the Clerk, Superior Court of Fayette County, Georgia, to perform all obligations and duties of the Associa- tion and to exercise all rights and powers of the Association, as speci fied therein, in' the By-LaltlS, and as provided by law. (b) To provide an entity for the furtherance of the interests of the Owners of Units in the development. In furtherance of its purposes, the corporation shall have the following powers, which, unless indicatec otherwise by the Declaration or By-Laws, may be exercised by the Board of Directors: (i) All of the powers conferred upon non-profit corporations by common law and the statutes of the State of Georgia in effect from time to time. -1- -2- (ii) Allor the powers neoesary or desirable to peform the obligations and duties and to exercise the rights and powers set out in these Articles, the By-Laws, or the Declaration, including without limitation, the following: 1. To fix and to collect assessments or other charges to be levied against the Properties; 2. To manage, control, operate, maintain, repair and improve Common Property and facilities, and property subse- quently acquired by the corporation, or any property owned by another, for which the corporation by rule, regulation, Declaration, or contract has a right or duty to provide such services; 3. To enforce covenants, conditions, or re- strictions affecting any property to the extent the Association may be authorized to do so uncter any Declaration of Covenants, Conditions and Restrictions or By-Laws; 4. To engage in activities which will actively foster, promote and advance the common interests of all Owners of Lots at the development; 5. To buy or otherwise acquire, sell, or other- wise dispose of, mortgage or otherwise encumber, exchange, lease, hold, use operate and otherwise deal in and with real, personal and mixed property of all kinds and any right or interest therein for any purpose of the corporation; 6. To borrow money for any purpose as may be limited in the By-Laws; 7. To enter inta, make, perform or enforce contracts of every kind and description, and to do all othe~ acts necessary, appropriate, or advisable in carrying out any purpose of the Association, with or in association with, any association, corporation or other entity or agency, public or private. 8. To act as agent, trustee, or other represen- tative or other corporations, firms or individuals, and as such to advance the business or ownership interests in such corpora- tions, firms or individuals; 9. To adopt, alter and amend or repeal such By- Laws as may be necessary or desirable for the proper management of the affairs of the Association, provided, however, that such By-Laws may not be inconsistent with or contrary to any provi- sions of the Declartion. 10. To p~ovide any and all supplemental municipal services as may be necessary or proper. 11. The foregoing enumeration of powers shall not limit or restrict in any manner the exercise of other and further rights and powers which may now or hereafter be allowed Robert C. Bryan 73 Twiggs Corner Peachtree City, Ga. 30269 LeRoy Taylor 351 Twiggs Corner Peachtree City, Ga. 30269 Evelyn R. Orr 71 Twiggs Corner Peachtree City, Georgia 30269 or perMitted by law; and the powers specified in each~f the paragraphs of this Article 3 are independent powers, not to be restricted by reference to or inference from the terms of any other paragraph or provision of this Article 3. Article 5. Membership. The corporation shall be a membership corporation without certificates or shares of stock. All unit owners by virtue of their ownership of units in the Condominium are members of the Association. The members shall be entitled to vote for each Unit in which they hold the inte- rest required for membership, in accordance with the percentage interest in the common elements appertaining to the Unit as set, forth in the Declaration. Article 6. Board of Directors. The busines and affairs of the corporation shall be conducted, ma~~ged, and controlled by a Board of Directors. The Board shall consist of not less than three nor more than nine members, the specific number to be set from time to time as provided in the By-Laws. The initial Board of Directors shall consist of 9 member~ as follows: Paula Meaders 112 TWiggs Corner Peachtree City, Ga. 30269 Bradley Rhodes 102 Twiggs Corner Peachtree City, Ga. 30269 Charles Wilde 101 Twiggs Corner Peachtree City, Ga. 30269 -3- Henry C. Greer 161 Twiggs Corner Peachtree City, Ga. 30269 We!>!> Howell 222 Twiggs Corner Peachtree City, Ga. 30259 " Gary Hubble 132 Twiggs Corner Peachtree City, Ga. 30269 The method of elections and term of office, removal and filling of vacancies shall be as set forth in the By-Laws. The Board may delegate such operating authority to such com- panies, individuals, or committees as it, in its discretion, may determine. Article 7. Dissolution. The corporation may be dissolved only as provided in the Declaration, By-Laws and by the laws of the State of Georgia. Article 8. Amendments. These Articles may be amended as provided by the Georgia Nonprofit Corporation Code, provided that no amendment shall be in conflict with the Declaration and prcvided further that no amendment shall be effective to impair or dilute any rights of members that are governed by such Declaration. Article 9. Incorporator. The name and address of the incorporator is as follows: Hyatt & Rhoads 2200 Peachtree Center Harris Tower 233 Peachtree Street, N.E. Atlanta, Georgia 30303 Article 10. Registered Agent and Office. The initial registered office of the corporation is 2200 Peachtree Cente.r Harris Tower, 233 P'eac'htree Str'cet, Atlanta, Geor'gia 30303 and the intitial registered agent at such address is Hyatt & Rhoads. IN WITNESS WHEREOF, the undersigned incorporator has executed these Articles of Incorpo~il~ Richard ~. Voss For: Hyatt & Rhoads Hyat'.; & Rhoads 2200 Peachtree Center Harris Tower Atlanta, Georgia 30303 (404) 659-6600 ~M~fi~~,:-.::::-::,~, .:;..;. ; ......... ; \..-,' /1 i /, .....1 n I ,} . BY-LAWS OF TWIGGS CORNER CONDOMINIUM ASSOCIATION, INC. HYATT &: RHOADS 2200 Peachtree Center Harris Tower 233 Peachtree Street Atlanta, Georgia 30303 (li04) 659-6600 '" .. .' ..,. TABLE OF CONTENTS ) Page I. GENERAL 1. Applicability 2. Name ' 3. Membership 4. Voting 5. Majority 6. Purpose 1 1 1 1 1 2 II. DEFINITIONS 1. Act 2 2. Association 2 3. Board 2 4. Common Elements 2 5. Condominium 2 6. Declaration 2 7. Limited Common Elements 2 8. Mortgage \ 3 9. Officer 3 10. Owner 3 11. Person 3 12. Unit \ 3 III. MEETINGS OF MEMBEbs 1. Annual Mee~ingS 3 2. Special Meetings 3 3. Notice of Meetings 3 4. Wai ver of Notice 4 5. Quorum 4 6. Adjournment 4 7. Proxy 4 8. Consents 4 IV. BOARD OF DIRECTORS A. Composition and Selection 5 1. Composition 5 2. Term of Office 5 3. Removal of Members of the Board of Directors 5 4. Vacancies 5 5. Compensa tion 5 6. Nomina ti'on 5 7. Elections 6 B. Meetings 6 8. Regular Meetings 6 9. Special Meetings 6 10. Waiver of Notice 6 11. Conduct of Meetings 6 12. Action Without a Meeting 7 -. ---------.- .--- - -. -, ~ ') v. VI. } C. Powers and Duties 13. Powers and Duties 14. Management Agent 15. Borrowing D. Committees 16. Nominating Committee 17. Architectural Standards 18. Other Committees OFFICERS 1. Designation 2. Election of Officers 3. Removal of Officers 4. President 5. Vice President 6. Secretary 7. Treasurer 8. Agreements, Contracts, Deeds, Leases, Checks, Etc. ASSOCIATION RESPONSIBILITIES 1. Liability and Indemnification of Officers and Directors 2. Insurance 3. Repair and Reconstruction 4. Architectural Standards 5. Maintenance Responsibility VII. ASSESSMENTS 1. Purpose of Assessment 2. Creation of the Lien and Personal Obligation of Assessments 3. Acceleration 4. Computation of Budget and Assessments 5. Special Assessments 6. Notice of Meetings 7. Lien for Assessments 8. Capital Budget and Contribution VIII. USE RESTRICTIONS AND RULE MAKING 1. Authority and Enforcement 2. Procedure IX. MISCELLANEOUS 1. Notices 2. Severability 3. Captions 4. Gender and Grammar 5. Fiscal Year 6. Audit 7. Conflicts 8. Condemnation 9. Amendment 10. Books and Records Page 7 7 7 7 7 7 8 8 8 8 8 8 8 9 9 9 9 10 12 13 13 14 14 15 15 15 15 16 16 16 16 17 17 18 18 18 18 18 18 18 ,8' < " BY-LAWS OF TWIGGS CORNER CONDOMINIUM ASSOCIATION, INC. ) Article I General Section 1. Applicability. These By-Laws provide for the self government of Twiggs Corner in accordance with the Articles of Incorporation and the Declaration of Covenants, Conditions and Restrictions for Twiggs Corner Condominium, as recorded in the Fayette County, Georgia Records. Section 2. Name. The name of the corporation is Twiggs Corner Condominium Associationf Inc., hereinafter referred to as the Association. Section 3. Membership. An owner of a unit shall SY- tomatically become a membert~f the Association upon taking trt- Ie to the unit and shall remain a member for the entire period of ownership; as may be more fully provided below, a spouse of a member may exercise the powers and privileges of the member. If title to a unit be held by more than one person, the member- ship shall be shared in the same proportion as the title, but there shall be only one membership and one vote per unit. Mem- bership does not include persons who hold an interest merely as security for the performance of an obligation, and the giving of a security interest shall not terminate the owner's member- ship. Membership shall be appurtenant to the unit to which it appertains and shall be transferred automatically by conveyance of that unit and may be transferred only in connection with the transfer of title. (,11 Section 4. Voting. Each unit sh~ll be entitled to 5~~,~ one vote which may be cast by the owner, the owner's spouse, or v~~~ by a lawful proxy as provided below. When more than one person ?~ 6' owns a unit, the vote for such unit shall be exercised as they ~~~I between or among themselves determine, but in no event shall more than one vote be cast with respect to any unit. In the event of disagreement among such persons and an attempt by two or more of them to cast such vote or yotes, such persons shall not be recognized and such vote or votes shall not be counted. No owner shall be eligible to vote, either in person or by proxy, or be elected to the Board of Directors who is shown on the books or management accounts of the Association to be more than sixty (60) days d~inquent 1n any payment due the Associa- tion. /).> P tf j 30 dA- Section 5. Majority. As used in these By-Laws, the term "majcrity" shall mean those votes, owners, or other group as the context may indicate totalling more than fifty (50%) percent of the total number of votes, owners. or other groups. Unless ~therwise specifically stated, the words "majority vote" -1- -- ) mean more than fifty (50%) percent of those voting in person or by proxy. Unless otherwise provided in the Declaration or these By-Laws, all decisions shall be by majority vote. Section 6. Purpose. The Association shall have the ' responsibility of administering the condominium, establishing the means and methods of collecting the contributions to the common expenses, arranging for the management of the condomini- um and performing all of the other acts that may be required to be performed by the Association by the Georgia Condominium Act and the Declaration. Except as to those matters which either the Georgia Condominium Act, the Declaration, or the Georgia Non-Profit Corporation Code specifically require to be perform- ed by the vote of the Association, the administration of the foregoing responsibilities shall be performed by the Board of Directors as more particularly set forth below. Article II Definitions Unless the context otherwise requires, the terms as used in these By-Laws7 the Declaration and the Articles of Incorporation shall have the following meanings: Section 1. Act shall mean the Georgia Condominium Act, Ga. Laws 1975, No:-q63; Ga. Code Ann. Sections 85-l60le et seq., as such act may be amended. Section 2. Association shall mean Twiggs Corner Condominium Association, Inc. and its successors. Section 3. Board or Board of Directors shall mean the governing body of the Association. Section 4. Common Elements or common areas shall mean that area and property submitted to be part of the con- dominium but not included within the boundaries of a unit as defined in Paragraph 4 of the Declaration. Section 5. Condominium shall mean all that property submitted to the Act as described in Exhibit "All to the Declartion. Section 6. Declaration shall mean that document filed of record in the'Office of the Clerk of the Superior Court of Fayette County, Georgia for the purpose of submitting the condominium to the Act. Section 7. Limited Common Elements shall mean that property set aside for limited use as described in Section 3 of the Declaration. -2- ,. .-., . . J Section 8. Mortgage shall refer to any mortgage, deed to secure debt, deed of trust or other transfer or convey- ance for the purpose of securing the performance of an obliga- tion, including but not limited to a transfer or conveyance for such purpose of fee title. Section 9. Officer shall mean those individuals who are elected by the Board to serve as President, Vice President, Secretary, or Treasurer or such other subor~inate offices as the Board may determine necessary. Section 10. Owner shall mean the record title holder of a unit within the condominium, but shall not mean a mortgage holder. Section 11. Person shall mean any individual, cor- poration, firm, association, partnership or other legal en- tity. Section 12. Unit shall mean-that portio~:of,the con- dominium intended for individual ownership and use as describ~d in-~he Declaration. Other terms shall have their natural meanings or the meanings given in the Declaration, the Act, or the Georgia Non-Profit Corporation Code. Article III Meetings of Members Section 1. Annual Meetings. The regular ~nnual meeting of the members shall be held at 8 p.m. on the first Wednesday, in April, in each year) or at such other day and hour during the first ten days of April as may be determined by the Board. Meetings shall be at the condominium or other suitable place set by the Board. Section 2. Special Meetings. Special meetings of the members for any purpose may be called at any time by the President, the Secretary, or Treasurer, or by request of any two or more members of the Board of Directors, or upon written request of the members who have a right to vote one-fourth (1/4) of all of the votes of the entire memberShip. Section 3. Notice of Meetings. It shall be the duty of the Secretary to mail or to cause to be delivered to the un1ta a notice of each meeting of the members of the Associa- tion at~least twenty-one (21) days prior to each annual meet- ing and at least seven (7) days prior to each special meeting, stating the time and.place where it is to be held and the purp<?se, of any special meeting, to each owner of uni.ts of -3- J 'reoord; i~any'owner wishes notice to be given at an addreBS other than his or her unit, the owner 5hall have designated by notice in writing to the Secretary such other address. The mailing or delivering of a notice of meeting in the mannen provided in this Section shall be considered servioe.of notioe. Upon request, any institutional holder of a first mortgage shall be entitled to written notice of all meetings and shall be permitted to designate a representative to attend and observe any such meeting. Section 4. Waiver of Notice. Waiver of notice of meeting of the owners shall be deemed the equivalent of proper notice. Any owner may, in writing, waive notide of any meeting of the owners, either before or after such meeting. Attendance at a meeting by an owner, whether in person or by proxy, shall be deemed waiver by such owner of notice of the time, date and place thereof unless such owner specifically objects to lack of proper notice at the time the meeting is called to order. At~ ,tendance at...,a speoial meeting shall also be- deemed waiver of notice of all business transacted there~t unless, objection to, lack of notice is raised before the business, of which proper notice was not given, is put to a vote. Section 5. Quorum. Except as otherwise provided in these By-Laws, a quorum shall be deemed present throughout any meeting of the members of the Association until adjourned if persons entitled to cast more than one-third of the votes are present at the beginning of that meeting. If the required quorum is not present at any meeting of members, a subsequent meeting may be held within 60 days following the previous meeting upon notice as provided in these By-Laws, and one-half of the votes required to constitute a quorum at the previous meeting shall constitute a quorum at that subsequent meeting. Section 6.' Adjournment. Any meeting of the members may be adjourned from time to time for periods not exceeding forty-eight (48) hours by vote of the members holding the majority of the votes represented at such meeting, regardless of whether a quorum is present. Any business which could be transacted properly at the original session of the meeting may be transacted at an adjourned session, and no additional notice of such adjourned session shall be required. Section 1. Proxy. Any member entitled to vote may do so by written proxy duly executed by the member setting forth the meeting at which the proxy is valid. To be valid, a proxy must be filed with the Secretary prior to the opening of -the meeting for, which it is to be used. Section 8. Consents. Any action which may be taken by a vote of the owners may also be taken by written consent signed by all owners. -~- -- - ...,J Article IV Board of Directors . " ) Part A. Composition and Selection. Section 1. Composition. The affairs of the Associa- tion shall be governed by a Boa~d of Directors. The Board shall be composed of at least three (3) but no more than eleven (11) persons. The directors shall "be owners,_,of uni.ta:" 6r~'spouses-of~ such owners; provided, however, that no owner and his or her spouse may' serve on the Board at the same time. The precise number of directors shall be fixed from time to time by resolu- tion of the Board, and until otherwise fixed the Board of Directors shall consist of nine persons. Section 2. Term of Office. The directors shall be elected as provided in Section 7 of this Article, for staggered terms of three years. Nothing contained herein shall be construed to alter the term of any Director. elected prior to the adoption of these amended By-Laws. A director whose term expires shall hold office until his successor has been elected and has attended his first meeting. \ ! Section 3. Removal of Members of the Board of Directors. At any regular or special meeting of the Associa- tion duly called, anyone or more of the members of the Board of Directors may be removed with or without cause by a majority vote and a successor may then and there be elected to fill the' vacancy thus created. Any director whose removal has been proposed by the members shall be given at least ten (10) days' notice of the calling of the meeting and the purpose thereof ar.d shall be given an opportunity to be heard at the meeting. Section 4. Vacancies. Vacancies in the Board of Di- rectors caused by any reason, iricluding the addition of a new director or directors but excluding the removal of a director by vote of the Association, shall be filled by a vote of the majority of the remaining directors, even though less than a q~orum, at any meeting of the Board of Directors for the re~ainder of the term of the member being replaced. Section 5. COQpensation. compensated unless and to the extent Association authorize at any meeting pose. Directors shall not be the members of the duly called for that pur- Section 6.' Nomination. Nomination for election to the Board shall be made by a nominating committee which shall consist of three (3) members appointed by the President to serve from tte close of one annual meeting to the close of the succeeding annual meeting. Such appointment shall be announced at the annual meeting. The nominating committee shall be -5-, ,-~-, . -- ,-_. -~.__._---~_.~---~-~- announced at the annual meeting. The nominating committee may " nominate any number of qualified individuals, but no less than j the number of directors to be elected. The nominations shall be made at least twenty-one (21) days prior to the annual meeting and a brief statement about the qualifications of each indivi- dual so nominated shall be ~ncluded with the notice of the an- nual meeting. Nominations shall also be allowed from the floor at ~he meeting, and failure to comply with this Section shall in no way invalidate the election of directors so nominated. Section 7. Elections. Directors to be elected by the members shall be elected, from among those nominated, by a major~ty vote at the annual meeting, a quorum being present. Part B. Meetings. Sectio~ 8. Regular Meetings. Regular meetings of the Board of Directors may be held at such time and place as shall be determined from time to time by the Board, but such meetings shall be held at least once every three months. The Board shall meet within ten (10) days after each annual meeting of members. ) Section 9. Special Meetings. Special meetings of , the Board of Directo~s may be called by the President on three (3) days' notice to each director given by mail, in person or by telephone, which notice shall state the time, place and pur- pose of the meeting. Special meetings of the Board of Direc- tors shall be called by the President, Secretary or Treasurer in like manner and on like notice on the written request of at least two (2) directors. . Section 10. Waiver of Notice. Any director may, at any time, in writing, waive notice of any meeting of the Board of Directors, and such waiver shall be deemed equivalent to the giving of such notice. Attendance by a director at any meeting of the Board of Directors shall also constitute a waiver of no- tice by him or her of the time and place of such meeting. If all directors are present at any meeting of the Board of Direc- tors, no notice shall be required and any business may be transacted at such meeting. Section 11. Conduct of Meetings. The President shall preside over all meetings of the Board of Directors and the Secretary shall keep a minute book recording thereLn all resolutions adopted by the Board of Directors and a record of all transactions and proceedings occurring at such meetings. Roberts Rules of Order (latest edition) shall govern the conduct of the meetings of the Board of Directors when not in conflict wi~h the Declaration or these By-Laws. A majority of -6- " ') directors shall constitute a Quorum for the transaction of business. . Section 12. Action Without a Meeting. Any action by the Board of Directors required or permitted to be taken at any meeting may be taken without a meeting if all of the members of the Board of Directors shall individually or collectively con- sent in writing to such action. Such written consent or con- sents shall be filed with the minutes of the proceedings of the Board of Directors. Part C. Powers and Duties. Section 13. Powers and Duties. The Board of Direc- tors shall manage the affairs of the Association and shall have all the powers and duties necessary for the administration of the condominium and may do all such acts and things as are not by the Declaration, Articles of Incorporation, or these By-Laws directed to be done and exercised exclusively by the members. The Board shall have the power to adopt such rules and regula- tions as it deems necessary and appropriate and to impose sanc- tions for violations thereof, including without limitation monetary fines. ) Section 14. Management Agent. The Board of Direc- tors may employ for the condominium a professional management agent or agents, at a compensation established by the Board of Directors, to perform such duties and services as the Board of Directors shall authorize. Moreover, any management contract, shall contain a termination clause permitting termination, for"~'-- cause or without cause, upon thirty (30) days wr'itten notice. / Section 15. Borrowing. The Board of Directors shall have the power to borrow money for the purpose of repair or restoration of common areas and facilities without the approval of the members of the Association; provided, however. that the Board shall obtain membership approval in the same manner as for special assessments set forth in Artlcle VII, Section 4, in the event that the proposed borrowing is for the purpose of modifying, improving, or adding amenities to the condominium and the total amount of such borrowing exceeds or would exceed Seven Thousand Five Hundred ($7,500) Dollars outstanding debt at anyone time. Part D. Committees.' Section 16. Nominating Committee. Pursuant to Sec- tion 6 of this Article IV, there shall be a nominating commit- tee composed of three (3) member'S appointed in the manner and to perform the functions specified in Section 6 of this Arti- cle. ~ -7- Section 17. Architectural Standards. The Board may establish an Architectural Standards Committee for the purpose of establishing and maintaining architectural standards on condominium property as hereinafter provided. Section 18. Other Committees. There shall be such other committees as the Board shall determine with the powers and duties that the Board shall authorize. Unless otherwise provided in the resolution creating the committee, the chair- person of each committee shall be a member of the Board. Article V Officers Section 1. Designation. The prinCipal officers of the Association shall be the President, Vice President, the Secretary, and the ~reasurer, all of whom shall be elected by and from the Board of Di~ectors. The Board of Directors may appoint an A~sistant Treasurer, an Assistant Secretary, and such other subordinate officers as in its judgment may be necessary.,Such subordinate officers shall not be required to be members of the Board of Directors. Except for the offices of Secretary and Treasurer, which may be held by the same person, no person may hold more than one office. Section 2. :he Association shall rectors) at the first annual meeting of the ~leasure of the Board elected. Election of Officers. The officers of be elected annually by the Board of Di- meeting of the Board following each members, and shall hold office at the of Directors and until a successor, is Section 3. Removal of Officers. Upon the affirma- :ive vote of a majority of the-members of the Board of Direc- ~ors, any officer may be removed, either with or without cause, and a successor may be elected. Section 4. President. The President shall be the ~hief executive officer of the Association and shall preside at 211 meetings of the Association and of the Board of Directors. :he President shall have all the general powers and duties ~hich are incident to the office of the president of a corpora- Lion organized under the Georgia Nonprofit Corporation Code, :ncluding but not limited to the power to appoint committees ~rom among the members ,from time to time as he may in his discretion decide is appropriate to assist in the conduct of Lhe affairs of the Association. Section 5. Vice President. The Vice President shall act in the President's absence and shall have all powers, dut- ies, and responsibilities provided for the President when so acting. -8- " ' Section 6. Secretary., The Se6retary shall keep the \ minutes of all meetings of the Association and of the Board of Directors and shall have charge of such books and papers as the Board of Directors may direct, and shall, in general, perform all duties incident to the office of the secretary of a corpor- ation organized in accordance with Georgia law. Section 7. Treasurer. The Treasurer shall have the responsibility for the Association's funds and securities and shall be responsible for keeping full and accurate financial records and books of account showing all receipts and disburse- ments, for preparing all required financial statements and tax returns, and for the deposit of all monies and other valuable effects ~n the name of the Association or the managing agent 1n such depositories as may from time to time be designated by the Board of Directors. The Treasurer shall be responsible for the preparation of th~ budget as provided below. If the Associa- tion employs a management agent the duties may be delegated to the agent. In such case, the duties shall be performed by the Treasurer in conjunction with the management agent. Section 8. Agreements,Contracts, Deeds, Leases, Checks, Etc. All agreements, contracts, deeds, leases, checks and other instruments of the Association shall be executed by at least two (2) officers or by such other person or persons as ~ay be designated by resolution of the Board of Directors. Article VI Association Responsibilities Section 1. Liability and Indemnification of Officers and Directors. The Association shall indemnify every officer, and director against any and all expenses, including counsel fees, reasonably incurred by or imposed upon such officer or director in connection with any action, suit or other proceed- ing (including settlement of any such action, suit or proceed- ing if approved by the then Board of Directors) to which he may be made a party by reason of being or having been an officer or director, whether or not such person is an officer or director &t the time such expenses are incurred. The officers and di- rec~ors shall not be liable for any mistake of judgment, negli- bence or otherwise, except for their own individual willful ~isfeasance or malfeasance. The officers and directors shall have no personal liability with respect to any contract or other commitment made by them, in good faith, on behalf of the Association (except to the extent that such officers or direc- tors may also be members of the Association) and the Associa- tion shall indemnify and forever hold each such officer and director free and harmless against any and all liability to others on account of any such contract or commitment. Any right to indemnification provided for herein shall not be exclusive of any other rights to which any officer or director, or former officer or director, may be entitled. The Association shall as -9- ) a common expense maintain adequate general liability and, if obtainable, officers. and directors' liability insurance to Cund this obligation and the insurance shall be written as provided in Section 2 of this Article VI. Section 2. Insurance. The Association shall obtain and maintain at all times as a common expense insurance as re- quired by Section 39 'of the Georgia Condominium Act and as re- quired herein. (a) The Board of Directors shall utilize every rea- sonable effort to secure a master policy covering physical damage that will prOVide the following: (1) That the insurer waives its rights of subroga- tion of any claims against directors, officers, the managing agent, the individu?l owners and their respective household members. (2) That the master policy on the condominium cannot be cancelled, invalidated, or suspended on account of the con- duct of any director, officer or employee of the Association or the managing agent without a prior demand in writing delivered to the Association and to all mortgagees of units to cure the defect and the allowance of a reasonable time thereafter within which the defect may be cured. (3) . Tha t any "no other insurance" clause contained in the master policy shall expressly exclude individual unit owners' policies from its operation. (4) That until the expiration of thirty (30) days Gfter the insurer gives notice in writing to the mortgagee of, any unit, the mortgagee's insurance coverage will not, be af- fected or jeopardized by any act or conduct of the owner of such unit, the other unit owners, the Board of Directors, or ~ny of their agents, employees, or household members, nor can- ~eled for nonpayment of premiums. (5) That the master policy may not be canceled or substantially modified without at least thirty (30) days' prior notice in writing to the Board of Directors and all mortgagees ~f units. not (6) (7 ) exceed One That the deductible amount per occurrence shall Thousand ($1,000.00) Dollars. An agreed value endorsement. / All policies of insurance shall be written with a company licensed to do business in the State of Georgia and holding a rating of XI or better in the Financial Category as established by A.H. Best Company, Inc., if available and, if -10- .: .' not available, the best rating available. The company shall \ provide insurance certificates to each owner. The company shall also provide insurance certlf~cates to each mortgagee if requrested by the mortgagee or unit 'owner mortgagor. In no event shall the insurance coverage obtained an4-_____ ~aintained by the Association hereunder be brought into contri- bution with insurance purchased by indlvidua~ unit owners or their mortgagees. - Each unit owner shall notify the Board of Directors of all structural improvements made by the unit owner to his -==-- unit. Any unit owner who obtains an individual insurance policy covering any portion of the condominium, other than improvements and betterments made by such owner at his expens( and personal property belonging to such owner, shall file a copy of such individual policy or policies with the Board of Directors within thirty (30) days after the purchase of such insurance. Such owner shall also promptly notify, in writing, the Board of Directors in the event such policy is cancelled. All public liability and officers' and directors' liability insurance shall contain a cross liability endorse- r:ent. (b) In addition to the insurance required herein a~ove, the Board shall obtain as a common expense: (1) Workmen's compensation insurance if and to the extent necessary to meet the requirements of la~. (2) Pubiic liability and office~s' and directors' liability insurance in such amounts as the Board may determine t~t in no event less than that required by Section 39, Georgia C~ndominium Act. Such insurance shall contain a cross liabil- i:y endorsement. (3) Fidelity bonds covering officers, directors, E~ployees and other persons who handle or are responsible for tandling Association funds. Such bonds shall be in an amount ~~ual to at least one hundred fifty (150%) percent of the a~nual operating expenses of the Association and shall contain waivers of any defense based upon the exclusion of persons serving without compensation. (4) Such other insurance as the Board of Directors may determine to be necessary. Insurance carried by the Association as a common ex- pense shall not include any part of a unit neither depicted on -11- - '~i ~~ .."':""'" '~ the original plats and plans nor included in the original mort- gage, nor shall the Association include public liability insur- ance for individual owners for liability arising within the unit. ) Section 3. Repair and Reconstruction. In the event of damage to or destruction of all or any part of the condomin- ium as a result of fire or other casualty, unless eighty (80$) percent of the unit owners vote not to proceed with the recon- struction and repair of the structure, the Board of Directors or its duly authorized agent shall arrange for and supervise the prompt repair and restoration of the structure in accord- ance with the original plats and plans. In the event of sub- stantial damage or destruction, each institutional holder of a first mortgage shall be entitled to written notice of the dam- age, and nothing in these documents shall be construed to af- ford a priority t~ any unit owner with respect to the distribu- tion of proceeds to any such unit. The procedure for repair and reconstruction shall be: (a) Cost Estimates. Immediately after a fire or other casualty causing damage to the condominium the Board of Directors shall obtain reliable and detailed estimates of the cost of repairing and restoring the structures (including any damaged unit) to a condition as good as that existing before such casualty. Such costs may also include professional fees and premiums for such bonds as the Board of Directors deter- ~ines to be necessary. (b) Source and Allocation of Proceeds. If the pro- ceeds of insurance are not sufficient to defray the said esti- oated costs of reconstruction and repair as determined by the Board of Directors, or if at any time during the reconstruction and repair or 'upon completion of reconstruction and repair the funds for the payment of the costs thereof are insufficient, assessments shall be made against all of the unit owners. If after repair and reconstruction is,completed there is a surplus of funds, such funds shall be common funds of the Association to be used as directed by the Board of Directors. (c) Plans and Specifications. Any such reconstruc- tion or repair shall be substantially in accordance with the plans and specifications under which the condominium was ori- ginally constructed. (d) Encroachments. Enc~oachments upon or in favor or units which may be created as a result of such reconstruc- tion or repair shall not constitute a claim or basis for any proceeding or action by the unit owner upon whose property such encroachment exists, provided that such reconstruction was substantially in accordance with the architectural plans under which the condominium was originally constructed. Such -12- , . : ) encroachments shall be allowed to continue in existence for so long as the reconstructed building shall stand. (e) Construction Fund. The net proceeds of the insurance collected on account of a casualty and the funds collected by the Association from assessments against unit owners on account of such casualty shall constitute a con- struction fund which shall be disbursed in payment of the cost of reconstruction and repair in the manner set forth in this Section. (f) Method of Disbursement. The construction fund shall be paid by the Association in appropriate progress pay- ments to such contractor(s), supplier(s), and personnel per- forming-the work or supplying materials or services for the repairand.reconstruction of the buildings as are designated by the Board of Dir~ctors. (g) Insurance Deductibles. If maintenance is re- quired as a result of an insured loss, the amount of the de- ductible shall be considered a maintenance expense to be paid by the person or persons who would be responsible for such repair in the absence of insurance. If the loss affects more than one unit or a unit and the common area, the cost of the deductible may be apportioned equitably by the Board among the parties suffering loss in accordance with the total cost of repair. Section 4. Architectural Standards. No owner, occu- pant, lessee or lessor, or any other person may make any ex- terior change, alteration or construction, nor erect, place, or post any sign, object, light, or thing on the exterior of the buildings or any other common element without first obtaining the written approval -of the Board or its delegate. As used in the preceding sentence the term "exterior change" includes but is not limited to repainting of exterior doors, walls or other surfaces, if such repainting changes the color of any exterior surface. Application shall be in writing and shall provide such information as the Board may reasonably require. The Board or its delegate shall publish written architectural standards :or exterior alterations or additions and any request in sub- stantial compliance therewith shall be approved. In the event that the Board or its delegate fails to approve or to disap- prove such application within sixty (60) days after it shall have been submitted, its approval will not be required and this Section ~ will be deemed complied with. Section 5. Maintenance Responsibility. (a) By the Owner. Each unit owner shall have the obligation to maintain and to keep in good repair all portions of the unit and all glass surfaces and all doors, doorwaysl -13- ---... ,-- .---------. --~.__. ~ rrames, and hardware that is part of the entry system of the unit. (b) By the Association. The Association shall main- tain and keep in good repair as a common expense all.of the condominium property not required to be maintained and kept in good order by an owner. Except to the extent that insurance required to be maintained or maintained by the Association covers any damage or loss, the Association shall not be respon- sible for any maintenance or repair to the interior of any unit. The Association shall be responsible for all exterior surfaces except those listed in Section 5(a) of this Article VI whether or not included within the boundaries of a unit and shall also be responsible for the repair and repainting of limited common elements unless the defect i~ the result of the owner's own conduc~. The Association shall be authorized to perform, after notice, any maintenance upon a unit for which a unit owner is responsible and to charge, as provided for as- sessments herein, the owner with the actual costs of maintenance. Article VII Assessments J Section 1. Purpose of Assessment. The assessments for common expenses provided for herein shall be used for the general purposes of promoting the recreation, health, safety, ~elfare, common benefit and enjoyment of the owners and occu- pants of units in the Condominium as may be more specifically authorized from time to time by the Board. Assessments may be used to compensate officers and directors only if approved by a majority vote of the Association. Section 2. Creation of the Lien and Personal Obliga- ~K' J tion of Assessments. Each owner of any unit by acceptance of a Deed therefor, whether or not it shall be so expressed in such Deed, is deemed to covenant and agree to pay to the Associa- ~ion: (1) annual assessments or charges, and (2) special as- sessments I such assessments. to be established and collected as hereinafter provided, and (3) specific assessments against any ~articular unit which are established pursuant to the terms of - -::h-es'e" By-Laws. All such assessments, together wi th charges I 51 ./ interestJ Qosts, and reasonable attorney's fees, in the maximum amo~_~permitted b~e~~ion 41 of the Georgia Con~om~nium Act, shall be a charge on-tne unit' and -shall-be' a cont1.nu1.ng -lien upon the unit against which eacn assessment "is made. Such amounts shall also be the personal obligation of the person who was the owner of such unit at the time when the assessment fell .due. Each owner shall be liable for his or her portion of each assessment coming due while he or she is the owner of a unit 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. Assessments shall, be paid in such manner and on -14- ,-~ ... ~._---- ------. ") such dates as may be fixed by the Board of Directors; unless otherwise provided, the assessments shall be paid in monthly installments. Section 3. Acceleration. \:Ir a reslde'nce ownet" sh'all' be in default in payment or an installment of an aasessment4 ' ~ inoluding but"not limited to the monthly installments based on ,~ the annual budget, the Board of Directors may, aocelerate the ~~r:,~ ~remainlng installments upon ten days written notice to such ~~ ~ residenQ~ o~~r, whereupop the entire unpaid balanoe of such ~ ~~n3tallment shall become due upon the date stated in such 'not1oe. ) Section 4. Computation of Operating Budget and Assessment. It shall be the duty of the Board not later than December 1 each year to prepare a budget covering the estimated costs of operating the condominium-during the fiscal year be- ginning on the following January 1. The Board shall cause the budget and the assessments to be levied against each unit for' that year to be delivered to each member no later than December 15. If the budget proves inadequate for any reason, including nonpayment of any assessment by any member, the Board may, at any time, levy a further assessment for the remainder of the then current budget year. The budget, the assessment and any further assessment shall become effective until and unless disapproved at any annual or special meeting of the members by a vote of a majority of the total association membership. Not- withstanding the foregoing, however, in the event that the membership disapproves the,proposed budget or any futher as- sessment, or the Board fails for any reason so to determine the budget for the succeeding fiscal year, then and until such time as a budget shall have been determined as provided herein, the budget in effect for the current fiscal year shall continue for 'the remainder of that year and the succeeding fiscal year. Section 5. Special Assessments. If the assessment proves inadequate for any year, the Board may at any time levy a special assessment against all owners; provided, however, that prior to becoming effective, any special assess~ent shall be approved by the affirmative vote of two-thirds (2/3) of those present, in person or by proxy. at a special or annual ~eeting of the members, notice of which shall specify that purpose. Section 6. 'Notice of Meetings. Written notice of any meeting called for the purpose of taking any action author- ized under Section 2 or Section 4 of this Article VII shall be sent to all members not less than twenty-one (21) days in ad- vance of the meeting. Upon written request of any institution- al holder of a first mortgage, that holder shall be entitled to written notice of any such meeting and shall be permitted to designate a representative to attend and observe the meeting. -15- Section 7. Lien for Assessments. The Association shall have full and complete lien rights as provided or per- mitted by Section ijl, Georgia Condominium Act, and the lien shall specifically include the maximum costs, charges, fees, and rents set out in Section 4l(b) of that Act. Section 8. Capital Budget and Contribution. The Board of Directors shall annually prepare a capital budget which shall take into account the number and nature of replace- able assets, the expected life of each asset, and the expected repair or replacement cost. The Board shall set the required capital contribution, if any, in an amount sufficient to permit meeting the projected capital needs of the Association, as shown on the capital budget, with respect both to amount and timing by equal annual assessments over the period of the bud- get. The capita~ contribution required shall be fixed by the Board and included within the budget and assessment as provided in Section 3 of this Article. A copy of the capital budget shall be distributed to each member in the same manner as the operating budget. Article VIII Use Restrictions and Rule Making Section 1. Authority and Enforcement. The condomi- nium shall be used only for those uses and purposes set out in the Declaration. The Board of Directors shall have the author- ity to make and to enforce reasonable rules and regulations governing the conduct, use, and enjoyment of units and the common elements, provided that copies of all such rules and regulations be furnished to all owners. The Board shall have the po~er to impose reasonable fines which shall constitute a lien upon the property and to suspend an owner's right to use the common elements and to ,vote for violation of any duty im- posed under the Declaration, these By-Laws or any rules and regulations duly adopted hereunder. w ~ Section 2. Procedure. The Board shall not impose a fine, suspend voting, or infringe upon any other rights of a member or other occupant for violation of rules unless and un- til the following procedure is followed: (a) De~and. Written demand to cease and desist from an alleged violation shall be served upon the alleeed violator specifying: (i) the alleged violation; (ii) the action required to abate the violation; and (iii) (A) if the violation is a continuing one, a time period, not less than ten (10) days, . during which the violation may,be abated without further sanction or (B) if the violation is not a continuing one, a statement that any further violation or the same rule may result in the imposition of sanction after notice and hearing. -16- (b) Notice. Within twelve months of such demand, if the violation continues past the period allowed in the demand for abatement without penalty, or if the same rule is subse- quently violated, the Board shall serve the violator with writ- ten notice of a hearing to be held by the Board in session. The notice shall contain: (i) the nature of the alleged viola- tion; (ii) the time and place of,the hearing, which time shall be not less than ten (10) days from the giving of the noticej (iii) an invitation to attend the hearing and produce any statement, 'evidence and witnesses on his or her behalfj and (iv) the proposed sanction to be imposed. (c) Hearing. The hearing shall be held in executive session pursuant to this notice affording the member a reason- able opportunity to be heard. Prior to the effectiveness of any sanction hereunder, proof of notice and the invitation to be heard shall be plaped in the minutes of the meeting. Such proof shall be deemed adequate if a copy of the notice together with a statement of the date and manner of delivery is entered by the officer or director who delivered such notice. The notice requirement shall be deemed satisfied if a violator appears at the meeting. The minutes of the meeting shall contain a written statement of the results of the hearing and the sanction, if any, imposed. Arti,cle IX Miscellaneous ) Section 1., Notices. Unless,otherwise provided in these By-Laws all notices, demands, bills, statements or other communioations under these By-Laws shall be in writing and shall be deemed to have been duly given if delivered personally or if sent,by registered or certified mail, return receipt re~ quested, first class posta.ge prepaid: (a) If to a unit owner, at the address which the un- it owner has designated in writing and filed with the Secre- tary, or if no such address has been designatec, at the address of the unit of such owner; or (b) If to the Association, the Board of Directors or the Managing Agent) at the principal office of the Association or the Managing Agent, if any) or at such other address as shall be designated by the notice in writing to the owners pursuant to this Section. Section 2. Severability. The invalidity of any part of these By-Laws shall not impair or affect in any manner the validity, enforceability or effect of the balance of these By- Laws. .I -17- .... Section 3. Captions. The captions herein are in- serted only as a matter of convenience and for reference, and in no way define, limit or describe the scope of these By-Laws or the intent of any provision thereof. Section 4. Gender and Grammar. The use of the masculine gender in these By-Laws shall be deemed to include the feminine gender, and the use of the singular shall be deemed to include the plural whenever the context so requires. Section 5. Fiscal Year. The fiscal year of the Association shall begin on the first day of January and shall end on th~ 31st day of December of each year. Section 6. Audit. An audit of the accounts of the Association shall ~e made annually in the manner as the Board of Directors may decide, provided, however that after having received the Board's audit at the annual meeting, the owners by a majority vote may require that the accounts of the Associa- tion be audited as a common expense by a public accountant. Upon written request of any institutional holder of a first mortgage, such holder shall be entitled to receive a copy of the annual audited financial statement within 90 days after the end of each fiscal year. Section 7. Conflicts. In the event of conflicts between the Act, the Declaration and these By-Laws, the Act and the Declaration shall control in that order. Section 8. Condemnation. In the event of a taking by condemnation or by eminent domain, the provisions of Section 6 of the Ceorgia Condominium Act shall prevail and govern. Each institutional holder of a first mortgage shall be entitled to writted notice of ~ny such condemnation proceedings, and nothing in these documents shall be construed to give a prior- ~ty to any unit owner in the distribution of proceeds to such unit. Section 9. Amendment. These By-Laws may be amended at an annual or special meeting of the members by the affirmative vote of members holding at least two-thirds of the .otes in the Association. Notice of any' meeting at which an amendment will be considered shall state that fact and the subject matter of the proposed amendment. No amendment shall become effective unitl'it is recorded in the Records of Fayette County) Georgia. Section 10. Books and Records. All members of the Association and any institutional holder of a first mortgage shall, upon written request, be entitled to inspect all books and records of the Association during normal business hours at -18- the office of the Association or other place designated reasonably by the Board of Directors as the depository of such books and records. -19- , TWIGGS CORNER UNDIVIDED INTEREST IN COMMON ELEMENTS AND ALLOCATION OF VOTES Percentage of Undivided Interest Dwelling Unit & Percentage of Building No. No. & Type Voting Weight 1 11 A .602711 1 12 B .681193 1 13 C .73972 1 14 D .65753 2 21 A .602711 2 22 B .630111 2 23 C .681193 2 211 D .65753 3 31 A .602711 3 32 B .63014 3 33 C .68493 3 34 D .65753 4 41 A .60274 4 112 B .68493 4 43 C .73972 " .. 4 1111 .65753 ; .:~ D . .~a 1 5 51 A .511794 \ 5 52 B-1 \ .57535 5 53 C-I .60274 5 54 B-2 .57535 5 55 C-2 .60274 -1- "- Percentage of Undivided Interest Dwelling Unit & Percentage of Building No. No. & Type' Voting W~ight 6 61 A .60274 6 62 B .63014 6 63 c .68493 6 64 D .65753 7 71 A .60274 7 72 B .68493 7 73 C .73972 7 74 D .65753 8 81 A .60274 8 82 B .63014 8 83 c .68493 8 84 D .65753 9 91 A .54794 .. 9 92 B-1 / .57535 ..,;,.: 9 93 C-l .60274 9 94 B-1 .57535 9 95 C-2 .60274 10 101 A .60274 10 102 B .63014 10 103 c .68493 . 10 104 D .65753 II III A/ .60274 11 112 B .63014 11 113 C .68493 -2- Percentage of _ Undivided Interest Dwelling Unit & Percentage of Building No. No. & Type 'Voting Weight 11 114 D .65753 12 121 A .54794 12 122 B-1 .57535 12 123 C-l .60274 12 124 B-2 .57535 12 125 C-2 .60274 13 131 A .54794 13 132 B-1 .57535 13 133 C-l .60274 13 134 B-2 .57535 13 135 C-2 .60274 14 141 A .54794 14 142 B-1 .57535 14 143 C-1 .60274 14 144 B-2 .57535 14 145 C-2 .60274 15 151 A .60274 15 152 B .63014 15 153 C .68493 15 154 D .65753 16 16l A .60274 16 162 B~ .63014 16 163 C .68493 16 164 D .65753 -3- Percentage of .,' Undivided Interest Dwelling Unit ,& Percentage of Building No. No. & Type Voting Weight 17, 171 A .54794 17 172 B-1 .57535 17 173 C-l .60274 17 174 B-2 .57535 17 175 C-2 .60274 18 181 A .60274 18 182 B .63014 18 183 C .68493 18 184 D .65753 19 191 A .60274 19 192 B .63014 19 193 C .68493 19 194 D .65753 20 201 A .54794 20 202 B-1 .57535 20 203 C-l .60274 20 204 B-2 .57535 ~ .,1;: ~~ 20 205 C-2 .60274 21 211 A .60274 21 212 B .63014 21 213 ,C .68493 21 214 D .65753 22 221 A '" .60274 22 222 B .68493 -4- Percentage of Undivided Interest Dwelling Unit & Percentage of Building No. No. & Type ,Voting Weight 22 223 C .73972 22 224 D .65753 23 231 A .54794 23 232 B-I .57535 23 233 C-l .60274 23 234 B-2 .57535 23 235 C-2 .60274 24 241 A .60274 24 242 B .63014 .24 243 C .68493 24 244 D .65753 25 251 A .60274 25 252 B .63014 25 253 C .68493 25 254 D .65753 26 261 A .60274 26 262 B l~ .68493 26 263 C .73972 26 264 D .65754 27 271 A .54794 27 272 Bi-l .57535 I / 27 273 C-l .60274 27 274 B-2 .57535 27 275 C-2 .60274 -5- Percentage of ,Undivided Interest Dwelling Unit & Percentage of Building No. No. & Type Voting Weight 28 ' 281 A .60274 28 282 B .68493 28 283 C .73972 28 284 D .65753 29 291 A .54794 29 292 B-1 .57535 29 293 C-l .60274 29 294 B-2 .57535 29 295 C-2 .60274 30 301 A .60274 30 302 B .63014 30 303 C .68493 30 304 D .65753 31 311 A .60274 31 312 B .68493 31 . 313 C .73972 31 314 D .65753 32 321 A .54794 .. 32 322 B-1 .57535 32 323 C-l .60274 32 324 B-2 .57534 / 32 325 C-2 .60274 33 331 A .54794 33 332 B-1 .57535 -6- Percentage of Undivided Interest Dwelling Unit & Percentage of Building No. No. & Type Voting Weight 33 333 C-1 .60274 33 334 B-2 .57535 33 335 C-2 .60274 34 341 A .60274 34 342 B .63014 34 343 C .68493 34 344 D .65753 35 351 A .60274 35 352 B .63014 35 353 C .68493 35 354 D .65753 36 361 A .60274 36 362 B .63014 36 363 C .68493 36 364 D .65753 37 371 A .60274 37 372 B .63014 .-.--' " 37 373 C .68493 37 374 'D .65753 ..' -7- SECRETARY'S CERTIFICATE STATE OF GEORGIA COUNTY OF FAYETTE The Board of Directors of Twiggs Corner Condominium Association, Inc. hereby certifies that the foregoing Amendment to the Declaration of Covenants, Conditions and Restrictions for Twiggs Corner was duly adopted by the assent of at least two-thirds (2/3) of the votes of the Dwelling Unit Owners voting in person or by proxy at a meeting duly called for such purpose and held on April 5, 1978, in accordance with the provisions of Article XII, -Section 4, of said Declaration prior to the foregoing amendment. The Board of Directors of , Twiggs Corner Association By:JJau.1,r,,~ PAULA MEADERS, Secretary ) '1f.t . ' , ' Rules and Regulations Revised 8/17/00 ' TWIGGS CORNER 'CONDOMINIUM ASSOCIATION RULES and, REGULATIONS ) Twiggs Corner COll,dominiUDlAsS9ciation ,. Tal,)leof Contents A. Introduction Page' 1 B~ General 'Page2 1. Use Restrictions Page 3 2. Parking and Motorized Vehicles Page 4-5 3, Animals! Page 6 4. Nuisanc~/Prohibited, Activities Page 7-9 5. Owner Responsibilities Page 10-11 6~ Swimming Pool Page 12, 7. Procedures Page 13-14 Insurance Archiitectural Control 1 A. IntroducU9n , ' These Rules and, R~gulations were instituted to make Twiggs Corner,~ safer, cleaner and more pleasant place in wlIich to live. We request the cooperation of all residents. I . '. . , 'These" Rules andR~ulations ,of Twiggs Corner Condominium Association, Inc. are adopted by the Board of Direcfprs of the Twiggs Corner Homeowner's Association. , Each member of the Association has been provided with a copy." , AU Rules and RegulIations are set according, to Article VIII Use Restrictions and. Rule Making of the ,By-Laws of ;Twiggs Corner' Condominium AssOCiation, Inc., ',These rules 'apply to aU members of the AS$ociation and.. their tenants in accordance with Section II of the Declaration,' I '. , , . _ _ . to non-member resi~entsof Twiggs ~orner. If there is any conflict between the By-Laws, and the Declaratipn of Covenants, Conditions, and Restrictions for Twiggs Comer Condominium, the DeClaration will! takeprecedence~ These Rules and Rjegulatiotts shall be enforced by the Managing Agent and the Board of Directors and in acqordance with Article. VIII of the By-Laws. After a ten (10) day Cease and Desist notice and the violation continues, a flne (normally $25.00 per day) shall, be imposed. Most of the ruIes and' regulations ,are preceded by the amount of the fine. Unpaid fines iconsfitute alien against the Owner's unit pursuant to Article VIII, 'Use Restrictions andRu~e Making,...."the Board shall have the power to impose reasonable fines which shall constitute a lien upon the property and to suspend right to the use common elements and to vote. . ... .." , ; Revisions to these~ules and Regulatiolls may be, made by the Board of Directors and will become effective uptm their distribution to the members. ,2 B. General ,Complaints,MUST :be made in writing (pink form attached) and submitted to Twiggs Corner's Board of Directors: ' Twiggs Corner , Oak Manot Office Park 271 Hjghway 74N., Suite 3 Peachtree City, GA 30269 All Assessments ar~ due on the, 1st day of the month. A late fee of $10.00 is imposed after the ,10th, day of the mo4th. Each owner by acceptance, of a deed ,is deemed to, covenant and, agree to pay assessment(s) to the association, with or without notice (statement/invoice). , , Returned check (NSf) charge shaH be'$25~OO unless the current bank charge is over $25.00 then the current bank charge shall be imposed. ' , 'I ' 'Initially, ail owners received a mailbox key" and a copy of the Declaration of Covenants, , Conditions and Resttictionsand the By-Lavvs for Twiggs Corner, Condominium. Re-issue fees for replacement: ' , Replap.ement keys are $10.00. Replacement copies, of Declaration of Covenants" ConditionS ,and Restrictions and the By-Lawsare$25~OO.' " All checks are payable to: TWIGGS CORNER NO MORE THAf'l30%OF THE UNITS SHALL BE LEASED (non-:owner occupied). At present 50%of~e units are rented. Until non-owner o~upiedlJnitsare at 30%.....ALL UNITS MUST BE SOLD OWNER OCCUPIED.....recordeddeedholder must ,live there. Check with office for leased percentage. 1. Use Restrictions 3 Fine$25/day 1. ,until corrected Fine $25/day 2.' , plus damages Fine$25/day 3. Fine $25/clliy 4. Fine $25/day 5. All units are formed for residential purposes normally housing one family, and units shall be oCcupied and used by the owners only, as private residences for the owner. No transient tenants; no sublet; rented in entiretyonly.lJnitsshall be used for no other purpose and NO business shall be ,l11aintained 'or conducted in any unit. TWiggs Corner Units are designed as two and threebedropms, and shall be utilized as such. The Unit's interior design shall not be altered to ' provide additional bedroom space~ No garage (originally constructed for, one automobile) may be altered in such a mann~r that the alteration prevents the resident from parking the automobile in the garage. Garages shall never be converted/altered to bedroom, family room, play room, etc. Limited Common Area, which includes the land on which the unit is . ',. . located and 'the patio area, if any, also any stairway, stoop, landing, steps or other structure attached to and ~erviIig the unit, is reserved for use by the Owners or residents of the Unit to which said area is attached. Number ofResidf:mts - There shall be. no more than two (2) permanent residents' for each. bedroom located within a unit. For purposes of this paragraph, anyone who resides at the Condominium for more than four (4) consecutive,weeks 'or for more than eight (8) weeks in any calendar year shall be deemed, a permanent resident. ~.: , ' 2. ,',' ParkirigandM()torlzed Vehicles 4 " Warning/ 1. , Fine$25/day Towed (No ' 2. Notification) Towed 3. Fine $25/day Fine $25/day '4. Towed $25.00/day 5. and tow charges* Only requires 48-hour notice No more thanthr~(3)vehicles (including golf cart, motorcycles, etc.) per unit shall be parked or stored on Twiggs Corner property. Parking is by permit only (see posting at entrance isl~nd)~ AIIresident'svehicle(s) , parked (stored) shall display a parking permit placed on their rear view mirror. After violationnotice is given, vehicle(s) without valid parking ,permit will be towedatvehicleowner'sexpense (name and phone number of towing company is'posted at entrance island)~ ' Parking ar,eas loca~d directly in front, ofthegar~ges are for the,' sole use of that mtitand shall be used by that mlit before parking in any other spac~ ,in designated parking areas. Any vehicle folind parked illegally in front of a, garage door or blocking another. vehicle' shall' be towed immediately off the property without notification. No mobile home, motor home, ,recreational vehicle (camper) of any kind, tent or' similar strUcture; boat, jet ski, trailer of any kind, commercial , vehicle, vehicles with' more than four (4) wheels shall be parked, stored, or maintained upon any portion ,of Twiggs', Corner property. (PTC ordinance also applies.) , , (Commercial vehicles shalLbe, allowed temporarily on the common areas for the purpose of servicing any unit or the common areas.) No vehicle (*car" truck, motorcycle" golf cart, ,etc) shall be constructed, reconstructed or repaired upon any portion of TWiggs Corner property . The assembUng and disassembling of vehiCles* and other mechanical devices that might ,tend to cause disorderly, unsightly or unkempt conditions shall hot bepuisued or undert:aken on any portion of Twiggs Corner property. AfterviolatioIl notice is, given, any of the above vehicles shall be towed off Twiggs Comer property at vehicle owner's expense. (The provisions of this paragraph shall not apply to any emergency vehicle repairs) Parking is restrictedtogarag~s, in front of garage door, designated parking' areas (parking lots). .', Designated, parking' areas are distinguish~d' , by white pa~ntedIiries. All vehicIes(inCludesgolfcart,motorcycles,etc.) are to be parked between the white lines in .the 'parking areas,. , Yellow painted lines designate a non-parking area. Parking is expressly forbidden onthethoroughfates, in frortt of waste COntainers (dumpsters) including all driveways, designated fire lanes, directly in front of any paved, concrete or stone walkWay, cart: path, at mailbox shelter , or any Fine$25/day "6. , , Fine $25/day7. Fine$25/day 8. Towed Fine $25/day 9. 'S unpaved area (grass)~' VEHICLES (any deviceQr creation for transporting "persons or objects) ~,' ,After 48 hour notice' and any repeated violation. ' ILLEGALL YPARKED VEHICLES SHALL BE TOWED WITHOUT NOTICE TO bWNER AND AT VEHICLE OWNER'S EXPENSE. * If tow truck is called for parking violation and, vehicle is moved prior to tow truck's arrival, tow charge is imposed atld shall be billed to. Unit Own~. ' Motorized vehicles (all':'terrain, off road motorcydes, four wheelers, etc. ) are sttictlypr()hihited from being operated/ridden on any portion of Twiggs Corner property . ' Golf carts BlUst be driven by licensed driver and are restricted to paved ,(never on grass) areas only. Golf carts must be parked in designated parking areas and 'never parked on grassy areas. (S~ePTC golf cart . ordinance;)." , , Inoperable or ~bandoped vehicles (shall have current license plate, insurance in force) are strictly prohibited from being parked on any portion of Twiggs Corner property . No vehicles shall be stored (remains parked in the scune spot for fifteen. (15) consecutive days) on any portion of Twiggs Corner property. Such vehicles shall be towed off Twiggs Corner property at owner's expense. BicYcles are prohibited to be ridden on unpaved areas of Twiggs Corner property. For safety, parents 'should alert children that moving cars are using the roadways. . , Fine $25/day 10., . NO vehicles shall park at mailbox shelter; area for pipk up and delivery of mail. NO litter shan be removed from vehicle alld disposed of in barrel marked "discarded:wail only." 3. Animals 6 Fine$25/day 1. Fine $25/day 2. Fine $25/day 3. Fine $25/day 4. Fine $25/day5. Fine $25/day ,6. ',7.' The weight .of any damestic pet SHALL NOT exceed thirty (30) pounds; na pUP shall' be allawed to remain onthepraperty once it is over thirty (30).,pounds.Thetatal number SHALL NOT eXceed a TOTAL .of two (2) pets per unit. , , , , No animals or birds Shall be kept, bred, raised or. mabJtained on Twiggs '. Co~nerpraperty far commercialpurpases. ' , No pet shall be allowed to make an unreasonable amount .of naise .or to become a nuisance. All animal waste must he scooped up, bagged, and placed in the, dumpster. No animal is ,permitted to urinate close .or around thebuildings,ar on the shrubbery.or shrub beds~" , , No structure far, the care, hausing .ar c.onfin,ement of any ,pet shall be constructed ()r maintained .outside a unit ,nar h()usedin the enclosed patia area. Animals must be haused inside, a unit. When .outside, the unit, animals (cats and,dogs)shaUbe on a leash (alsa seePTe ordinance). Animals shall nat be tied or chained to thefencing.or:building nor any'porti.on .of TwiggsCornetPraperty. Patio areas shall be kept free.of animal excrement or odar. Any ciamage made to .the outside of a bui}dingor to any partion of Twiggs Corner property by an animal is the responsibility of the Unit Owner. Damages shall be repaired within 15 days; at the" .owner's expense. , If damage is notrepairedwithin15 days; daI1;lagewill berepairedby Twiggs Corner at .owner's expense. The Board of Directa,rs shall determine whether a particular animallbird is an appraved h.ouse pet. ' 7 , 4. NuiSanceslProhibited Activities Fine $25!day 1. Fine $25/day 2. Fine $25/day 3. Fine $25/day 4. '. Fine $25/day 5. Fine'$25.o.0 ,7. No Utter (includes cigarette butts, bottles, eans,etc.), rubbish, debris, furniture, appljaJlces,constrUction materials, etc~()f aJ1Y laild shall be placed or permitted to accumulate upon allY porti.on .of Twiggs Corner propertY to rel1der the property Unsanitary, unsightly or .offensive, and no .odors shallbepeimittecJ. to. arise from it. ' , Noflre crackers, fire, arms, laud radios, exterior speakers" horl1$, ' whistles, bells or other sOlInd devices, etc., except for security purposes, shall be used, placed or located on' Twiggs Corner property. No nuisance, noxious or offensive activities shall be carried on in any unit or in the common 'areas $0 as to be offensive or detrimental t.o any other pr.operty in the vicinity or to its occupants (anything that w.ould cause hurt; inconvenience, ordamage to a reas.onable person). Further, each unit .owner. resident, ,guest .or agent shall refrain from any act ,or use of that unit that would result in the can<;:eHation of.insuraTIce or that would be violating any law org.overninental code,or,< regulati.on. Loitering, , underage smoking or drinking., group gatherings, yard sales, auction of units, etc. are, prohibited activities im the common areas. Items, including toys,.grills, picnic,tables, bicycles, (n.o appliances), etc~ belonging to a Tesidentshall be confined to the enclosed patio area next ' to that unit arid be' concealed from view of neighboring units and streets. Nothing (towels, clothing, etc.) shall be hung, draped, tied.or in any other way attacbed to the fencirig, deck r~iling, ,etc. of my unit. Nothing shall be attached to the exterior.ofthe building, siding, or window trim, etc. 6. No personal belongings (bicycle, golf carts; toys, " lawn table or chairs, etc.) shalIbelefn>nthecommonareagrounds; Items l~ft on the common grounds may be ,confiscated by the Association's Managing Agent; release will be uponpayfuentof a$10.00.service charge. Air conditioning units must be maintained next to the Quter wall of each unit and may not exceed two feet from th.e walL If replacement of heating/airequit>,ment is necessary, old equip,mentmustbe rem.oved from ' the attic. arid NOcondensatioillines shall protrude through the exterior walls of the buHqing. 'Written permission from the Board of Directors must be obtained to cut/drillholes in the exterior walls of the building. Air conditioning' lines' must be hidden from view (placed in exterior corners) on the buildings and covered with white vinyl covering. No , Fine $50 Fine$25/day 9. Fine $25/day 10. Fine $25/day 11. Fine $25/day 12. Fine $25/day 13. Fine $25Jday 14. Fine $25/day 15. Fine $25/day . 16. Fine $25/day 17. pltlsdamages Fine $500 18. 8 exteriorchangeslw()rk shall be4O'ne wi~outwrittenapproval ef the Beard ef Directors. ' 8. Burning' of any debris on any pertien of Twiggs ,CO'rner preperty is prO'hibited. NO' structure fO'r the care, heusing or storage of any, item shall be COIl$tructed O'r maintained O'utside a, unit' , DQinpsters arefO'r bagged hO'useheldwaste ONLY., Waste must be placed INSIDE the dumpster; if dumpster inyeur area is, fun, YO'U must place 'waste in the clO'sest available dumpster., Absolu~lyNO appliances" furniture, er buildiIlg materials, etc. shall be plaCed in the dumpster er areund the dumpsters. " NO' signs may be pested en any pertionO'f Twiggs Corner prO'perty includes yard sales, open hO'use, etc. A Iipot Sale erFO'r Rent" sign (nO' larger than 2' x 2') shall be posted inside theullit's windO'w. Any sign fO'und in viO'latiO'nwiUberemoved/cO'nfiscated. ' , ,NO' antenna O'rother device fO'r thetransmissiO'nO'r receptiO'n O'ftelevisiO'n, radiO' signals or MY form ofelectrO'magneticradiatiO'n shan be built, used or maintained outdoorsO'n any pertien O'f Twiggs CO'rner property. NO' gates, fences, hedges, trees, plants, walls, patiO' (wood or concrete), outside watersysteIl1,etc. Ol~anyconstructiO'li shall be built O'r maintained except thO'se approved In writing ,by the BO'ard of DirectO'rsO'f, the AssO'ciatiO'n. . NO' material~plastic, clO'th, ,O'r etc. may Qe applied to the exteriO'r O'f any windO'w O'r their frames O'r hung en theexteriO'rofthe building. Waterbeds are prohibited except in Garden Units with concrete subfloors. Changes to' the exteriO'rO'f a unit O'r limited/cO'mmon areas are fO'rbidden withO'ut written apprO'val O'f the, BO'ard O'fOirectO'rsO'f the AssociatiO'n. NO charcO'al grills orprepane gas grills (safety and insurance purpeses). Only electric grills are permitted fer eutside grilling. NOeutdeer coO'king apparatus shall be placed within a distance thal would result in dainagetO"the siding. Any damage, will be repaired by the assO'ciatiO'n at the ewner's expense. Safety rails (Iecated at sliding dO'~)fs. on secO'nd floor) shall NEVER be plus damage cost , ,~ 9 removed. Ahycha~ges to the exterior part of the building requires written ,permission from the Board of Directors. ~epair to the exterior of the building by the. association for damage to safety rail,s, fencing, siding, etc. shall bebiUed tOl,mit owner plus appropriate fine{s). 10 5., OWner ResPQnsibilities 1. ' Assessments~edue()ritli~ 1st day of the Illonth. A late fee of $10.00 is charged aftetl0thday,ofthem()nth~ For an insufficient fund check (NSF), 'a minimum.of$20.00 NSF fee or the bank's NSFfee shall be ' charged for each NSF check-~whichever fee is the highest. , , Fine $25lday 2. Any owner intending to sell orlease (includesre~lease)his unitshall give ~otice in:writing, "Notice of Sale or Lease "provided for needed data,(blue formattached)~.. Subm.it,'~NoticeofSaIe or,Lease" immediately ,to Twiggs Corner's office' at Oak Manor Office Park, 271 Hwy 74 No. , Suite 3, PTC 30269. Fine $500 3. All leases are required to cover a minimum period of one year .(12 months). This' shall, be communiCated to.an9 U'nderstood by , the renter. Owners who lease their units shall provide to. Twiggs Corner ,at Oak Manor Office Park, 271 Hwy74 No., Suite 3,PTC~(]A 30269, a copy of the Lease. . , , Fine $25/day 4.' All units ate reqllired to. provide Twiggs Corner with a current completed "Unit Information Sheet.~ (white form attached) Fine $25/day 5. All window treatm~nt(includes garages) visible from the exterior of a unit shallbe solid white,off.:-white(no ~oral or colors) and shall not be of reflective material. All interior windows are required to be covered with properly hung ,mini-"blinds, vertical blinds, drapes, or standard curtains. ., NEVER sheets, towels~ blankets, etc. ' ' Fine$25/day 6. The Owner hastheobIlgation to keep in good order al1.portions of the unit indudirig plumbi,ng fixtures; all glass surfaces, their ~reens, Ught fixtures,doors,~oorways,fiames and hardware that is part of the entry system. Any teplacementsmust be same or similar and accOrding to existing architectural standards ,(see standards on last p~e). Fine $25lday 7. All phlmbing (l~akin~ water heaters, faucets and running toilets) MUST be maintained in good, order and repCiiredimmediately. NO outside spigot/hose is lobe left running; watershall be controlled by the spigot and never by hose nbzzle~ , ALLl10ses aretobci disconnected from the spigot fromOctoberthl'ough April. Children, are notpel1l1itted to play with the water sj:>igot ;orhose (association pays water bill). F"ine.$lOO8. Vacant units must have the water cut off at the unit's cut-off valve (located on wan around the water heater); the thermostats (temperature) within all units shall be maintained with the heat in an "on II position and a minimum offifty (500 degrees Fahr~nheit during the months of October through April, or whenever the telllperatures are forecasted to or does ' readthirty-tvvo (320) degrees Fahrenheit or below. ' Fine $25/day 9., ' Fine $25/day 10. 12. 13. 11 Outdoor ,light fixtures are ' the responSibilit)1ofthe owner and must be replaced with origiDalfixture whendaIriaged. Additional outdoor lighting other ,than "the original,' fixtures must .be ,approved' by 'the Board of' Directors. " 11. Patio, must be ,maintained weed free - any.planting other than annuals (petunias, gera~iums~ pansies--or compact, mipiatures, dwarfshrubs, e.g. "boxwoods~ YOl.1pons, nandinas or, larir~pe, hostas) must be approved in writing by the Roard. of D~ectQrs; NO trees, privet hedges, red tips, crepe myrtles, iVy, vine type plants, etc.~ NO planting ispermitted on the commoii groulld with 'Written approval of the Board of Directors. Owners will, beheld responSible for the actionS of their property managers a.nd tenants. Fines will be imposed accordingly for violations by their ,property, manager or tenants for violation of the Rules and Regulations and for damage(s) rendered ,to'anyportion of Twiggs Corner property.' If after a ceaSe and desist notification has been, given, the resident/tenant's conduct/viglation continues, the Board of DirectOrs can request that the tenant(s) lease be terminated and the tenant be 'required to move off TWiggs Corner property within thirty (30) days of notification. OwnersshaU sufficiently inSulate pipes or take other preventive measure to prevent freezing of water pipes includes outside spigots. Open kitchen and bathroom cabinet doors during freezing weather. "Extreme cold days or night--Iet faucets dtip(insurance purposes). NO mailbox lock is tobechanged by ,owner or resident. Must receive written approval by the Board ,of Directors. If lock is removed/changed witholltapproval, the unit owner wiHbe fin~d plus cost to replace lock. TURN WATER OFF, KEEP HEAT ON IF GOING OFFFORVACATION, TRIP, HOSPITAL, ETC. ~ 12 : 6. Swimming ~ool ALL PERSONS USING THE POOL DO sO AT THEIR OWN RISK AND SOLE . RES:pONSIBILITY. ' , , '. POOLH()URS: lOa to. 12, no.en -l.to ?p;~d.uIts,ONL Y 6 te8p (requires key). POOL clesed to. ALL residt}nts ,under sto.rmy co.nditio.ns-~includes rain. 1. . The swimmillg pool is fer.theuse of Twiggs Co.rnerresidents. Limited number o.f guest are permitted (Peachtree City resideritsare net guest). A $2.00 ea. fee will be cellected for 'mo.re than two. (2) guest. Residents mustidentify,themselves (a.nd guest) tC>the po.elattendanto.n duty. If the poolbeco.mes evercrowded, the attendant en duty has the rightto. limit use o.fthe' pool to. residents only. Groups of6 o.r more must reserve use of the poo.L 2. Children under'16 yearsef age must be accompanied by an adult for admissien ' to. the peo.larea. '(Una~co.mpanied children's parents must complete and sign the appropriate papenvorkat Cthe<po.ol.) Jf necessary, the pool attendant shall discipline the children o.r request the,yleave the pool. ' 3. 'Anyperson having any communicable'skin disease, so.reor inflamed eyes, co.ugh, cold, nasal or ear dischargeo.r any co.inmunicabledisease shall be excluded froID . the pool. 4. Conventio.nal bathingsuits/trunks shall be wo.rn., Cut':'o.ffs and ether types o.f clothing are prohibitedfro.Illbeing wo.rn in the pool. AU babies/children no.t po.tty trained shall ~eardisposable swimpants in the swimming po.o.l; e;g. Buggies "Little Swimmers, II rubber pants in the swimming pool. No. tee shirts. Allleng hair must be tied .YR. ' " , , , , 5. Onlypoo.l to.ys areperllJitted in the pool (items identified as fo.r peol use). NO water guns. Raftsandotherflo.tatio.n devices are allo.wed o.nly wben space permits; , , 6. Radios, and televisions bro1,lght ,into the po.o.l area must be played ,at a low velume so. as, net to disturb o.thersusing the pool. 7. NO pets, wheeled vehicles, skates, baby strellers are allowed in the poo.l area. NO ho.rseplay;' NO running; NO pushing o.r dunking ethers; NO screaming are permitted ill the pool area. NO urinating, in the peo.L NO smeking. NOglass of any kind may be brought into. the poo.l areas. NOfo.od is allo.wed in the pool area; ALL food must be co.nsumedat the unit 8. The decision of the po.ol attendant is fimil. Any cemplaint must be submitted in writing to the :Board of Directors. . , 9. Failure to o.bey poo.l rules shall result in po.ol privileges being .suspended or revo.ked. Pool privileges are SUSpended to owner, resident,theirfamily, ()rguest "for any period of time during which an assessment against ,theumt remains unpaid or anysepai~techargejncurred by such umt owner for use of the recreational facilities remains unpaid,. or for infraction onts published Rules &, RegulationS." ~ 13 7. Procedures 1. Insurance The following procedure ,governs the handling of insurance cIa,ims and disbursement of funds concerning the Twiggs Cotner 'Condomini.um AssQCiatiCjD Insurance policy: ' , , . . . . 1. " Claim must be for ,$500 or Inore. "OWner shall pay the first $500 and shall carry hislher OWl}. policy for betterments (improvements) and liability inside unit. 2. Homeowners ,having a, claim involving the Association, Insurance Policy (as opposed to, individuallnsuranee, Policies) should i.nform the Twiggs Comer's Managing 'Agent. 3. . The Managing Agent" under, the direction of the Board of Directors, ,will handle all Association Insurance Claims and disburse all funds 'deriving from settlement of the claim. " . , 4. Payment of deductiblesiscoyeredby Article VI, Section 3, Paragraph g, of the Twiggs Corner BYi-Laws. " Owner. occupied units need to carry HO~poIicy, includ~betterments, liability inside the unit, personal property' (furniture, appliances, clothing,. jewelry, etc.). 'Non~wneroecupied units need tocarry.H04 policy, include betterments, liability. MUST inform and should require RENTERS to carry Renter's Insurance to cover their personal property, etc. Inform them that if the unitbeco.Il1es non,;,babitatiorial due to,h~d(s>::--the associa.tion nor the, owner are obligated to house, them. ' 2. Architectural Control , Board approval requires sub.mittal of a sketch or drawing and written descr~ption of the change. This should be legible and on anB:..1/2" X 11 " paper if possible. A bill of materials with a, reference' to the type of material to be used 'and th~, manufacturer of "major parts purchased should be, presented. Please include thename(s) of the contractor, if any. ' Changes submitted will, be reviewed for their compliance in maintaining or eJihancingthe architectural aesthetics of the building or project and the construction idea ingeneraI.The 130ard will answer all requests within 60 days, usually following a regular Board of Directors meeting that isuheld once per month. lithe changes are approved, a Jetter of approval will be sent. If for sQrne reason the request is rejected, the Board will provide you with the re,asons for rejection and may make recommendations forcompJiance and approval. The Board reser'vesthe right to request any additional information it feels is necessary to make a proper evaluation of the requestedchange(s). ' ' , .. 14, , , , IncpmpIiance with the By":Laws set. f.orth for Twiggs C.omer C.ond.ominiums~ the B.oard, wiU ' review c.onstructi.on and completed changes., The Board .of Direct.ors,has the right to, aboiish an~ ,delete any c.onstructi.on .or ,changes that' d.on.ot comply with, the architectural 'standards .of Twiggs' Carner. . , '- , , Standards areas (ollows: Entrance d.oOl~:with side panel.: all w.o.od. six, Panel ~.o.od door, painted white semi-glass; side panel shall be tempered glass.. , , , ' DoorEntryHardware- same (shnilar) as original (l.ong handle with separate dead baIt). OutsideLighting- beside"d.o.or and garage d.oors-- brass with.open b.ott.om (you furnish bulbs) and '.oyerheadentr~ncefixtur:es .are square', black .or white. Can purchase fr.om Associati.on (call Twiggs 'Carner)., ' ., Garage D.oors -, same as .original (w.o.od and' wind.owPane1s) p~inted ,white semi-glass. / Gate t.o pati.o area - same desig!l andharclwareas URit #221 (Pew YII(Jlfl) .s~e... J1l1lllh-.J I)tJ4I(.; Deek - same,design as Unit #222 and #61 -- Twiggs has design. AIs.o requires permit , 'from'city. . C.oncretepati.o,..; must sl.opeaway fr.ombuildingandneighb.oring units,and must be 12" fr.oin patiofencing. Never p.oured t.o or in fence .orsl.oped t()ward building. St.orm Door - full view. white same as, Unit #205. 'N.on-conf.orming unappr.oved. Annuals (.outside fencing) shall be planted n.o more than 18" fr.omfencing (petunias. geraniums~ pansies., vinca. marigolds are approved annuals---no ivy. vines, '.or .other unappr.oved plants. Plants are .owner's resp.onsibility. Associati.on is not resp.onsibility ",. far their damage. . All changes musthewritteh approval fromthe,B.oard.of Direct.ors. Any unapproved changes shall result in request t.o, c.onform to standards and carty. a fine .of $25~OO per day u,ntil change is c.onforming;