WHEREAS. a plat dated May 19. 1976. and last revised

October 4. 1979, relating to Henderson Mill prepared by H. E.

Hayser. a Georgia Registered Land Surveyor, recorded in CO~~

minium Plat Book 4. P.age 74, and recorded on November 9. 1979.

in the DeKalb County. Georgia records: and

WHEREAS. floor plans relating to Henderson Mill. pre­

pared by Phillip B. Windsor, a Georgia Registered Architect,

HENDERSON MILL

AMENDED AND RESTATED DECLARATION OF CONDOMINIUM FOR

1page

Reference: Deed. BOOK 4168STATE OF GEORGIA

the property to the Act. and to correct mathematical errors in

percentage allocations and scrivener's errors (hereinafter re-

son Millon November 8. 1979. in Deed Book 4168. Page 1. ~.

COUNTY OF DEKALB

\fflEREAS, So r rento As soc ia tes. a ~a.l ifornia genera 1

partnership. recorded a Declaration of Condominium for Hender-

ing the then current managing partnership authority to sUbmit

~, DeKalb County. Georgia records. pursuant to the Georgia

Condominium Act.: and Georgia Laws of 1975. No. 463. Ga. Code

Ann. Section 84-1601(e) ~~. (Harrison): O.C.G.A. Section

44-3'-70 et ~. (Michie) (the "Act");

WHEREAS. an Amended and Restated Declaration of Con-

1981 at Deed Book 4459. page 382 for the purposes of reaffirm-

ferred to as the "Original Declaration"): and

dominium for Henderson Mill Condominium was recorded on May 1.

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were recorded in Drawer !i. and recorded on November 9. 1979.

in the DeKalb County. Georgia records: and

WHEREAS. the Henderson Mill Condominium Association

Inc. (hereinafter the "Association"). was incorporated August.'

11. 1980 with the ~ecretary of State pursuant to the require­

ments of the Act; and

WHEREAS. the Original Declaration may be amended by

the assent of the owners of units to which at least to two-

thirds (2/3 I s) of the total vote of the Association appertain:

and

WHEREAS. this Amended and Restated Declaration has

been duly approved by the requisite vote; and

WHEREAS. this Amended and Restated Declaration does

not alter. modify. change. or rescind any right. title. inter-

est. or privilege afforded to the holder ot any mortgage;

NOW. THEREFORE.• the Original Declaration is stricken

in its entirety and the following is substituted therefor:

( i i ) eoo~5391f~GE191

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FOR

HENDERSON MILL

HYATT & RHOADS. P.C.

1275 K StreetWashington. D.C. 20005

(202) 682-1800

DECLARATION OF CONDOMINIUM

1725 Central Savings TowerSan Diego. California 92101

(619) 232-08"115391 . 19280ef P~Gf

Attorneys

2200 Peachtree Center Harris TowerAtlanta. Georgia 30303

(404) 659-6600

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- TABLE OF CONTENTS -

8. ASSOCIATION MEMBERSHIP •••••••••••••.•••.••••••.•••••••••• 14

••••_.j•••••••••~f·fffffffffftt((((((((((((((((L

Residential Use 5

Nuisances eo •••••••••••••••••• •• 10

Pets ..........••...•...••..•......••.... ·.. :- .......•... 6Signs 7Antennas 8Parking ., 8Planting and Gardening 10

Prohibited Activities •...........................•.. 10Unsightly or: Unkempt Conditions 11Governmental Regulations 11Hea t ing of Uni ts in Co lder Months 11

RESTRICTIONS ., ' e, 4

(a)(b)(c)(d)(e)(f)(g)(h)(i)(j)(k)

2 'ell LOCATI ON 011 0 •• II ••••• 0 (I • /it ••••• 0 • e ,1'4'

3. UNITS .••••••.••..•••.•••...•••••••..••••.••.••••••...••..• 1

9. ADDITIONAL RIGHTS AND RESTRICTIONS •••••.••••••••••••••••• 14

IS. PREPARER •.•.•••.••••••••••••••••••••.••..•..•••.••.••••.• 27

4 • CO~ON ELEMENTS ••••••••.••••• '••••••••••••••• ' .••••••••.•••• 3

5 . 'L I MI TED CO~ON ELEMENTS.' .•.•••••••••••••••.•.••.•••••••••. 4

12. ~NDMENTS......................~ . • . • • • . . • . . • . • . . • . . • • . • • 18

13. LEASING OF UNITS •• ·••••••••.•••••••.••••••••.•.•.••...•••• 19

14. SALE OF UNITS •••.••••••••.•••••••••••••.•..••••.••..•.••. 26

16. MORTGAGEES' RIGHTS .•..•••.•.•••••...••••..•..•••.•...•.•• 27

11. ALLOCATION OF LIABILITY FOR COMMON EXPENSES •••••••••••••• 16

7. BOARD AUTHORITY - INSURANCE COVERAGE •••..••.•••..•••••••• 12

10. ASSESSMENT LIEN ••.••••••••.•••••••••••••••••••••••.•••••• 16

'6. 'USE

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- EXHIBITS -

EXHIBIT "A" PROPERTY DESCRIPTION

EXHIBIT "B" ............................•........ UNIT INFORMATION

EXH I BIT u Cat •••••••• CII ••• ,. " ••••• til •• e ••••••• e •••• 0 ••• II 8 •• " •• BY ..... LAWS

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HENDERSON MILL CONDOMINIUM

Pursuant to the Georgia Condominium Act, Ga. Laws

Units

The name of the condominium is Henderson Mill Condo-

DECLARATION OF CONDOMINIUM

The Condominium is located in Land Lot 285 of the 18th

Location

The property described and submitted to the Act is

interest in the common elements which is further described in

minium, (hereinafter sometimes called "Henderson Mill" or the

porated herein by this reference.

sists of a dwelling and its appurtenant percentage of undivided

referred ~o as the "Act"), and the Original Declaration, Hen-

"Condominium") .

divided into ninety-six (96) separate condominium units, each

subject to the provisions of this Declaration. Each unit con-

derson Mill Condominium, a residential condominium, has been

scribed on Exhibit "A" attached hereto, which Exhibit is incor-

submitted to and is sUbject to the Act.

1975, No. 463, O.C.G.A. Section 44-3-70, et seg. (Michie); Ga.

Code Ann. Section as-160le. et seg. (Harrison), (hereinafter

District, DeKalb County. Georgia, and is ~ore particularly de-

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Exhibit "B" • .ittaChe<fheref6 and by--t-tiTs reference mad-e a part

hereof.

The units are depicted on the plats and plans filed in

the DeKalb County. Georgia records, which plats and plans are,

incorporated herein by this reference. In interpreting deeds

and plans. th~ existing physical boun~aries of a unit as orig­

inally constructed or ofoa unit reconstructed in substantial

accordance with the original plans thereof shall be conclusive-

ly presumed to be its boundaries. rather than the metes and

bounds expressed in any deed or plan. regardless of settling or

lateral movement of the building and regardless of minor var-

iance between the boundaries shown on the plan or' in a deed and

those of the unit.

Each unit shall have as a lower horizontal boundary

either the land subjacent thereto or. in the alternative. the

horizontal plane of the upper surface of the joists which serve,

as ceiling joists for the basements (in the cas~ of a ground

floor unit constructed over a basement) or the horizontal plane

of the upper surface of the joists which serve as ceiling

joists for the unit below (in the case of an upper unit). The

upper horizontal boundary of a unit'shall be the horizontal

plane of the lower surface of the joists which serve as ceil-

ing joists or the horizontal plane of the lower surface of ~he

floor joists for the attic space beneath the roof of the build­

ing (in the case of a top floor unit). (Said joists. as well

-2-

BGOy5391ptGE196

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as the roof. the decking. and the rafters supporting the roof

and the attic space being common elements.) The perimetrical

or vertical boundari~s of a unit shall be the exterior sU~face

of the outside walls of the unit. With respect to common wall~

between units, the perimetrical or vertical boundary of the

unit ser~ed thereby shall" be the"cen~erline of such wall. "Ex-

terior doors and exterior "glass surfaces. such as windows serv-

ing a unit, shall be included within the boundaries of the

unit. Also. heating and air conditioning systems serving a

unit. such as the compressor and condenser for an air condi-

tioner. and appliances and plumbing fixtures within a unit

shall be construed to be a part of the unit. If any chutes.

flues. ducts. conduits. wires. pipes. bearing walls. bearing

columns. or any other apparatus lie partially within and par-"

tially outside of the designated boundaries of a unit. any

portions thereof serving only that Unit shall be deemed a part

of that unit. while any portions thereof serving more than one

unit or any portion fo the common elements shall be deemed a

part of the common elements.

4.

Common Elements

The common elements consist of all portions of the

Condominium other than the units and include. without limita-

tion. the swimming pool. recreational playground equipment, the

grounds. outside parking areas. storage and laundry areas. the

halls. lobbies. elevators. and stairwells.

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Limited Common Elements

(a) Supplementing the provisions of O.C.G.A. Section

44-3-75. ownership of each unit shall entitle the owner thereof,.

to the exclusive use of those portions of the common elements

consisting of (a) any heating and/or air.conditioning compress-

ors. units. components. or other apparatus serving such unit

which may be located beyond the boundaries thereof: (b) .ny

entranceways. stairways. and appurtenant fixtures and facili-

ties providing direct access to the units: and (c) any patio or

balcony. together with the enclosure therefor. now or hereafter

located in whole or in part adjacent to a unit. In the event

that ·any of the items described herein or in O.C.G.A. Section

44-3-75 serve more than one but less than all of the units in

the building. such items shall be limited common elements ap-

purtenant to the units served thereby.

(b) The Association'sBoard of Directors. without

need for a membership vote. is hereby authorized to assign and

to reassign parking spaces as limited common elements. provided

that any such assignment or reassignment shall' be made in ac-

cordance with the provisions of Section 44-3-82(b) and (c) of

the Act.

6 .

Use Restrictions

Use restrictions regarding use of units and the common

elements are as follows and as may be adopted by the Board of

-4-

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Directors in accordance with the terms hereof and as specified

in the By-Laws of Henderson Mill Condaminium Association, Inc .•

which By-Laws are attached hereto as Exhibit "C" and incorpo­

rated herein by this reference.

(a) Residential Use.

(i) The units at Henderson Mill Condominium are

restricted exclusively t~. residential use. and no unit shall be

occupied by more than a single family. As used herein. the

term "single family" shall mean one or more persons. provided

all persons occupying the unit are interrelated by blood. adop-.

tion. or marriage. The words "by blood" shall be deemed to

encompass only children. grandchildren. grandparents. brothers.

sisters. nieces. nephews. parents. aunts. uncles. and first

cousins. and no other degree of kinship. Notwithstanding the

above. a unit occupied by persons related by blood. adoption.

or marriage. as defined above. may also be occupied by one (1)

additional unrelated person.

This restriction shall apply to all owners purchas­

ing a unit after the effective date of the Declaration and all

leases and lease renewals entered into or occurring after said

date.

(ii) . Each unit shall be used for residential

purposes only. and no trade or business of any kind may be

conducted in or from a unit or any part of the Condominium.

(inclUding a business or trade which is ancillary to a primary

-5- Boo~5391p~GE199

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residential use) except that the owner or occupant residing in

a unit may conduct such business activities within the unit so

long as (i) the existence or operation of the business activity

is not apparent or detectable by sight. sound. or smell from.'....

the exterior of the unit: (ii) the business activity does not

involve persons c9ming onto. the.CQndominium.property. who.do not

reside in the Condominium. except for showing of units for sale

or rent: (iii) the business activity conforms to all zoning

requirements for the property: and (iv) the business activity

is consistent with the residential character of the Condominium

and does not constitute a nuisance ora hazardous or offensive

use. as may be determined in the reasonable discretion of the

Board of Directors.

(b) Pets.

(i) No animals. livestock. or poultry of any

kind shall be raised •. bred. or kept on any part of the prop-

erty. e~cept that household pets. not to exceed three (3). may

be kept by their respective owners in their respective units.

provided that t~ey are not kept. bred. or maintained for any

commercial purpose and do not endanger the health of or unrea-

sonably disturb the owner of any urtit or any resident thereof

or create a nuisance. Notwithstanding this provision. no pet

structures. dog houses or enclosures shall be ~rected. placed.

or permitted to remain on the Condominium property except as

may be approved by the Board. At all times that dogs are lo~

cated outside a unit they mUst be kept on a leash of not more

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-6-

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than six (6) feet in length or be otherwise under the complete

physical control of the owner or an occupant of the unit in

which the pet resides. The keeping of pets and their ingress,

egress, and travel upon the common elements shall be subject ,ito

such rules and regulations as may be issued by the Board of Di-

rectors. If an o~ner or occupant fail.s to abide by the rules

and regUlations and/or covenants applicable to pets, the Board

of Directors may bar the pet(s) of the owner or occupant from

use or travel upon the common elements. In addition, any pet

Which endangers the health or safety of any owner or resident

of a unit or which creates a nuisance or unreasonable disturb-

ance, as may be determined in the sole discretiQn of the Board

of Directors, must be permanently removed from the Condominium

property upon seven (7) days' written notice by the Board of

Directors.

(ii) Any owner of a unit who owns in excess of 3

pets on the recording date of this Declaration may continue to

keep those pets on the property: provided. however, upon ter-

mination of ownership of such pet(s). by means of death or oth-

erwise, an owner may not replace such pet(s) in excess of three

(3) pets.

(cl Signs. No signs or advertising posters of any

kind shall be maintained or permitted on any portion of the

property which are visible from the common elements without the

prior written approv~l of the Board of Directors. The Board,

-7 - BGo,5391t~GE201

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on behalf of the Association. shall have the right to erect

reasonable and appropriate signs on the common elements.

(d) Antennas. No freestanding antenna or other

device for the transmission or reception of television signals.~,,-

'cadic 1 signals. or any form of electromagnetic radiation in-

eluding. without limitation, satellite dishes shall b~ erected.

used, or maintained outdoors on any portion of the Condomin-

ium; provided, however, the Association shall have the right to

erect. construct, and maintain such devices.

(e) Parking.

(i) The Board of Directors may make reasonable

rules regulating parking, including, without limitation, the

assignment of parking spaces within the community.

(ii) Mobile homes. motor homes. boats, recrea-

tional vehicles. truck campers, trailers of any kind, motorcy-

cles, motorized bicycles, motorized go-carts. and other such

contrivances, and vehicles primarily used for commercial pur-

poses, and vehicles with commercial writings on their exteriors

are prohibited. from being kept, placed, stored, maintained, or

operated upon any portion of the property. Any prohibited

vehicle owned by a homeowner or tenant and being kept. placed,

stored, maintained or operated upon the property on the

effective date of this declaration is exempt. Notwithstanding

the above, trucks and commercial vehicles shall be allowed

temporarily on the common elements during normal business hours

for the purpose of serving any unit or the cornman elements

provided that no such vehicle shall be authorized to remain on

c()O,5391p~GE202-8-

the common elements overnight without the prior approval of the

Board of Directors. The keeping. placing. storing. parking.

maintaining, or operating of vehicles or contrivances on the

Condominium property shall be subject to the reasonable rules"

and~gulations promulgated by the Board of Directors. No ve­

....'hicle-s Shall be perrnitted on pathways or ,unpaved common ele­

ments except for public safety vehicles and vehicles authorized

by the Board.

(iii) No vehicle may be left upon any portion of

the Community. except in an area designated by the Board. for a

period longer than fourteen (14) days if it does not have a

current operating license or if it is in a condition such that

it is incapable of being operated upon the public highways.

After such fourteen (14) day period. such vehicle shall be

considered a nuisance and. in addition to all other rights and

remedies of the Association. may be removed from the Community

at the expense of the owner of the car.

(iv) In accordance with Article VIII. Section 2

of the By-Laws. the Board of Directors may enforce the parking

regulations contained herein by the towing of vehicles found in

violation of the Declaration. By-Laws or rules and requla-

tions. If a vehicle is towed due to violations of this Sec-

tion. neither the Association nor any officer of agent of the

Association shall be liable to any person for any claim of dam-

age as a result of the towing activity.

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permitted to exist or operate upon any portion of the Condo-

(h) prohibiteo Activities. Noxious or offensive ac-

trampolines and swingsets shall also be prohibited.

lessee, occupant, his or

800r5391PWE204-10-

Each owner,

(f) Planting and Gardening. No planting or gardening

shall be done. and no fences. hedges. walls. or structures of

minium property so as to be offensive or detrimental to persons

portion of the Condominium property. No nuisance shall be

(g) Nuisances. No rubbish or debris of any kind

shall be dumped. placed. or permitted to accumulate upon any

any type shall be erected or maintained on the common elements,

except as were installed with the initial construction of the ~.'"

Laws. which are attached as' Exhibit "C".

horns. whistles. bells, or other sound devices. except security

limiting the generality of the foregoing. no exterior speakers,

be triggered by excessive winds. lightning. etc., must provide

using or occupying other portions of the property. Without

the Association with means of turni~g the sound device off when

cated. used, or placed on the Condominium property. Owners or

renters who have security devices with sound devices Which can

devices used exclusively for security purposes, shall be 10-

tivities shall not be carried on in any unit or on the common

hanging clothing, towels, rugs, etc., swimming pools,

accidentally triggered and no one is in the respective unit.

elements and facilities.

Clotheslines. including the use of patio or patio railings for

'~ondominium or as approved by the Board of Directors or its

'~elegate as provided fbr in Articie VI," Sect~on ~, of the By~

,"

her family. visitors. guests. servants. and agents shall

refrain from any act or use of his or her unit or the common

elements which could reasonably cause embarrassment.

discomfort. annoyance. or nuisance to the occupants of the

·'units. or which could result in the increase in insurance

,premiums. cancellation of insurance on any unit, or any portion

of the common elements. or 'w.hich would be in violation of any

law or governmental code or regulation.

(i) Unsightly or Unkempt Conditions. The pursuit of

hobbies or other activities. including specifically. without

limiting the generality of the foregoing. the assembly and

disassembly of motor vehicles and other mechanical devices.

which might tend to cause disorderly. unsightly. or unkempt

conditions shall not be pursued or undertaken on any portion of

the Condominium property.

(j) Governmental RegUlations. All governmental

building codes. health regulations. zoning restrictions. and

the like applicable to the Condominium property shall be ob-

served. In the event of any conflict between any provision of

any such governmental code. regulation. or restriction and any

provision of this Declaration. the more restrictive provision

shall apply.

(k) Heating of Units in Colder Months. In order to

prevent breakage of water pipes during colder months of the

year resulting in damage to units and common elements. in-

creased common expenses. and increased insurance premiums or

cancellation of insurance policies due to 'numerous damage

-11-

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claims. the thermostats within all units shall be maintained

with the heat in an "on" position and at a minimum of fifty-

five (5S0) degrees Farenheit (except during power failures or

periods when heating equipment is inoperable) during the months ..

01 Dctober. November. December. January. February. March and

. ,April When the outside temperature is below thirty-two (32°).

degrees Farenheit. OWners and occupants of units shall take

all steps possible on a timely basis to keep heating equipment.

including. but not limited to. the thermostats. in good wor~-

ing order and repair. At any time during the months specified

above When the heating equipment is not working. the unit owner

shall immediately inform the Board of Directors of this failure

of the equipment and of the time needed in order to repair the

equipment. Any owner or occupant maybe fined up to Five

Hundred ($500.00) Dollars for violation of this requirement by

the Board of Directors. in addition to any other remedies of

the Association without a prior warning. demand. or hearing.

7.

Board Authority - Insurance Coverage

(a) The Board of Directors. upon resolution. shall

have the authority to require all or any unit owner(s) to do

any act or perform any work involving portions of the Condo­

minium which are the maintenance responsibility of the unit

owner. which will. in the Board's reasonable discretion. de-

crease the possibility of fire or other damage in the Condo­

minium. reduce the insurance premium paid by the Association

-12-

for any insurance coverage or otherwise assist the Board in

securing or maintaining such insurance coverage. This au-

thority shall include. but not be limited to. requiring all

owners to install cut-off valves for the water pipes serving",

their unit. which cut-off valves shall be easily accessible to

the Association in case of emergency or other event; requiring

owners to insulate pipes s~fficiently or take other preventa-

tive measures to prevent freezing of water pipes; requiring

owners to install smoke detectors; and such other measures as

the Board may reasonably require.

(b) In addition. and not in limitation of. any other

rights the Association may have. if any unit owner does not

comply with any reasonable requirement made by the Board of

Directors pursuant to subparagraph 7(a) above. the Associa-

tion. upon fifteen (1S) days written notice (during which

period the unit owner may perform the required act or work

without further liability). may perform such required act or

work at the unit owner's sole cost and expense. Such costs

shall be added and become a part of the assessment obligation

of such unit owner and shall become a lien against the unit and

shall be collected as provided in Article VII of the By-Laws.

The Association shall have all rights necessary to implement

the requirements mandated by the Board pursuant to subparagraph

16(a) above. including. but not limited to. a right of entry

during reasonable hours and after reasonable notice to the'

-13-

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owner or occupant of the unit. except that access may be had at

any time without notice in an emergency situation.

a.

Association Membership"

"All unit owners. by virtue of their ownership of a

unit in the Condominium, are members of Henderson Mill Condo-

minium Association, Inc.~ ,and shall be entitled to vote on all

matters upon which members of the Association are entitled to

vote pursuant to the Declaration and in accordance with the

By-Laws. SUbj~ct to the provisions of the condominium instru­

ments. such owners shall be entitled to cast a vote for each

unit in which they hold the interest required for membership

Which is weighted in accordance with a unit'S percentage in-

terest. as shown on Exhibit "B".

9 .

Additional Rights and Restrictions

(a) The Association. in accordance with the By-Laws.

shall have the right to make and to enforce reasonable rules

and regulations governing the use of the Condominium. including

the units. the limited common elements. and the common elements

and specifically including. but not· limited to. regulation of

parking on the common elements. This right shall include the

right to impose and assess fines and to suspend use privileges.

as permitted by Section 44-3-76 of the Act in and to tow un-

aut r zed veh cles in accordance with the By-Laws.

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-14-

(b) The Association shall have the right to impose

and receive payments. fees. or charges for the use. rental. or

operation of the common elements. except for limited common

elements, as described in Paragraph 5, above. The Associati~~

shall also have the right to restrict and reserve the common

elements for .the use of a limited number of individuals ori a

temporary basis.

(c) The Association shall have the right to enter

into units for emergency, security, repair and safety, which

right may be exercised by the Association's Board of Directors,

officers, agents, employees, managers, and all policemen. fire­

men, ambulance personnel, and similar emergency personnel in

the performance of their respective duties. Except in an emer­

gency situation, entry sball only be during reasonable hours

and after notice to the owner. It is intended that this right

of entry shall include and this right shall include, the right

of the Association to enter a unit to cure any condition which

may increase the possibility of a fire or other hazard in the

condominium in the event an owner fails or refuses to cure the

condition upon request by the Board. If, in an emergency sit-

uation, the Association is unable io locate the owner and is

otherwise unable to enter an unoccupied unit without force, the

Association shall not be liable for reasonable damage caused to

the door or window or place of entry.

-15- BOOy5391p!GE209

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10.

Assessment Lien

The Association shall have the power to impose assess-

ments as provided in these Condominium instruments, Such as-.,'

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sessments are the personal obligation of the owner against whom

th~y are assessed and are a lien against the unit. The obli-

gation and the lien for th~ assessment shall also include Ten

($10.00) Dollars of ten (10\) percent of the amount of each

assessment or installment payment not paid when due. or such

higher amount as may be authorized by the Act. interest on each

assessment or installment payment not paid toward the assess-

ment'when due and on any delinquency fee or late charge ap­

pertaining thereto from the date the charge was first due and

payable at the rate of eight (8\) percent per annum. or such

higher rate as may be authorized by the Act. the costs of

collection, inciuding Gourt costs, the expenses of sale, any

expense required for the protection and preservation of the

unit. reasonable attorney·s fees actually incurred. and the

fair rental value of the unit from the time of institution of

suit until the sale at foreclosure.

11.

Allocation of Liability For Common Expenses

Each unit is hereby allocated liability for common

expenses apportioned among the owners in accordance with the

percentage interest in the common elements appurtenant to the

unit.

-16-

(a) Except as provided below. or elsewhere in the Act

or Condominium instruments. the amount of all common expenses

shall be assessed against all the condominium units in accord-

ance with the allocation of liability for common expenses.

(b) The Board of Directors shall have the power to

specially assess pursuant to this Paragraph and to Section

44-3-80(b) of the Act as, ·in its discretion, it shall deem

appropriate. Failure of the Board of Directors to exercise its

authority under this Paragraph shall not be grounds for any

action against the Association of the Board of Directors and

shall not constitute a waiver of the Board's right to exercise

its authority under this Paragraph in the future with respect

to any expenses. inclUding an expense for which the Board has

not previously exercised its authority under this Paragraph.

(i) Except for expenses incurred for maintenance

and repair of items which are the Association's maintenance

responsibility under Article VI. Section S(b), of the By-Laws,

any common expenses benefitting less than all of the units may

be specially assessed equitably among all of the condominium

units which are benefitted according to the benefit received.

(ii) Any common expenses occasioned by the con-

duct of less than all of those entitled to occupy all of the

units, or by the licensees or invitees of any such unit or

units, may be specially assessed against the condominium unit

or units, for the conduct of any occupant, licensee, or invitee

Which occasioned any such common expenses.

-17-

6c,6c6•I­••~ .....•..

•~ .....

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)

!

(iii) Except for expenses incurred for mainte-

nance and repair of items which are the Association's mainte-

nance responsibility under Article VI. Section 5(b) of the

By-Laws. any common expenses which significantly dispropor-./

tionately benefit all units may be assessed equitably among all

units according to the benefit received.

For purposes of th~s Paragraph. non-use shall con-

stitute a benefit to less than all units or unequal benefit

among all units only when such non-use results in an identi-

fiable. calculable reduction in cost to the Association.

12.

Amendments

This Declaration may be amended by the affirmative

vote. writt~n consent. or any combination of affirmativ~ vote

and written consent of the members of the Association holding

at least two-thirds (2/3) of the total vote thereof. The As­

sociation shall be required to call a meeting for the purpose

of considering and voting upon any amendment. Notice of any

meeting at Which a proposed amendment will be considered shall

state the fact of consideration and the subject matter of the

proposed amendment. No amendment shall be effective until a

certified copy is filed in the Office of the Clerk of the

Superior Court of DeKalb County. Georgia.

-18-Boof5391p~GE212

renter-occupied complex; and (c) to comply with the eligibility

insofar as such criteria proviqe that the project be

substantially own~r-occupied. leasing of a unit or units shall

be prohibited. except in the case of undue hardship as provided

13.

Leasing of Units

(a) Definition. "Leasing." for purposes of this

Declaration. is defined as regular. exclusive occupancy of a/'

unit by any person or persons other other than the owner for

which. t'he owner receives any consideration or benefit. in-

cluding. but not limited to. a fee. service. gratuity. or

emolument.

(b) Leasing Prohibited. In order (a) to protect the

equity of the individual property owners at Henderson Mill

Condominium; (b) to carry out the purpose for which the

Condominium was formed by preserving the character of the

condomi.nium as a homogeneous residential community of

predominantly owner-occupied homes and by preventing the

Condominium from assuming the character of an apartment.

requirements for financing in the secondary mortgage market

below.

(c} Undue Hardship. The Board shall be empowered to

allow reasonable leasing of units upon written application to

avoid undue hardship on an owner. By way of illustration and

not by limitation. examples of circumstances Which would

tonstitute "undue hardship" are those in which (i) an owner

-19-

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must relocate his or her residence and cannot, within ninety

(90) days from the date the unit was placed on the market, sell

the unit from a price at or below its current appraised market

value: (ii) the owner dies and the unit is being administered J"..,~

_ ,.,by ~i£ or her estate: or (iii) the owner takes a leave of

abse'nce or' temporarily relocates 'and intends' to return' to'

reside in the unit. Notwithstanding Paragraph 13(d)(i), those

owners who have demonstrated that the inability to lease their

unit would result in undue hardship and have obtained requisite

approval of the Board may lease their units for such duration

as the Board reasonably determines is necessary to prevent

undue hardship.

Any owner who believes that he or she must lease his

or her unit to avoid undue hardship shall submit a written

application to the Board setting forth the circumstances

necessitating the leasing. a copy of the proposed lease. and

such other information as the Board may reasonably require .

Leasing in the case of undue hardship shall be permitted only

upon the Board's written approval of the owner's application.

When a lease is approved, a copy of, the lease. signed by the

lessee and lessor. shall be submitted to the Board within ten

(10) days after it has been signed by both parties .

The Board shall have the power to make and enforce

reasonable rules and regulations and to fine. in accordance

-20-

., .

with the Declaration and By-Laws. in order to enforece the

provisions of this subparagraph. Any transaction which does

not comply with this sUbparagraph 13{c) shall be voidable at

the option of the Board of Directors. .'"

(d) Leasing Provisions. Leasing as is permitted by

thi.~Pa~aq~aph 13 at Henderson Mil) Condominium shall be

governed by the following pr~visions:

(1) General. Units may be rented only in their

entirety; no fraction or portion may be rented. There shall be

no subleasing of units or assignment of leases unless approved

in writing by the Association. No tran~ient tenants may be

accommodated in a unit. All leases shall be in writing. All

rentals must be for a term of no less than one (1) year. The

unit owner must make available to the tenant copies of the

rules. regulations. and use restrictions.

(ii) Notice. After entering into the lease of a

unit. the owner shall provide the Board of Directors with a

copy of the lease. the name and address of the lessee(s). and

such other information as the Board may reasonably require.

(iii) Liability for Assessments and Compliance

with Declaration, By-Laws, and Rules and RegUlations. Any

lease of a unit in the Condominium shall be deemed to co~tain

the following provisions, whether or not expressly therein

stated. and each owner covenants and agrees that any lease of a

-21-

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." .•,.•••.~•••••••••...­..•..•••~~~......rrrrr~

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unit shall contain the following language and agrees that if

such language is not expressly contained therein. then such

language shall be incorporated into a lease by existence of

this covenant on the uni to Any lessee. by occupancy in a uni t.;'

-agr~es to the applicability of this covenant and incorporation

~f' the followin~ language into the'lease:

(1) Liability for Assessments. Lessee

agrees to be personally obligated for the payment of all as':'

sessments against the owner which become due during the term of

the lease and anY other period of occupancy by the lessee or

which become due as a consequence of lessee's activities, in-

eluding, but not limited to, activities which violate provi-

sions of the Act, the Declaration, the By-Laws. or the rules

and regulations adopted pursuant thereto. The above provision

shall not be construed to release the unit owner from any ob-

ligation, including the obligation for assessments, for which

he or she would otherwise be responsible.

Upon request by the Association. lessee shall pay to

the Association all unpaid annual and special assessments, as

lawfully determined and made payable du~ing the term of the

lease and any other period of occupancy by lessee: provided,

however. lessee need not make such payments to the Association

in excess of or prior to the due dates for monthly rental pay-

ments unpaid at the time of the Association's request. All

Boo,'5391F!GE216-22-

procedure to which an owner is entitled prior to the imposition

such payments made by lessee shall reduce. by the same amount.

lessee's obligation to make monthly rental payments to lessor.

(2) Compliance with Declaration. By-Laws,

and Rules and Regulations. Lessee agrees to abide by and..,~

.comply with all provisions of the Declaration. By-Laws. and

·rule£ and regulations adopted pursuant thereto. OWne~ agrees

to cause all occupants of his or her unit to comply with the

Declaration. By-Laws. and the rules and regulations adopted

pursuant thereto. and is responsible for all violations and

losses caused by such occupants. notwithstanding the fact that

such occupants of the unit are fully liable and may besanc-

tioned for any violation of the Declaration. By-Laws. and rules

and regUlations adopted pursuant thereto. In the event that

th~ lessee. a person living with the lessee. visitor. or guest

or lessee. violates the Declaration. By-Laws. or a rule and

regulation for which a fine is imposed. such fine shall be

assessed against the lessee; provided. however. if the fine is

not paid by the lessee within the time peri6d set by the Board

of Directors. the owner shall pay the fine upon notice from the

Association of the lessee's failure to pay the fine. unpaid

fines constitute a lien against the unit. pursuant to Sections

44-3-76 and 44-3-109 of the Act. Any lessee charged with a

violation of the Decla- ration. By-Laws. or rules and

regulations adopted pursuant thereto is entitled to the same

of a fine or other sanction.

-23-

.'

violation of the terms of the lease and authorizes the owner to

(iv) Use of Common Elements. The owner transfers and

ligation for enforcement against the lessee for breaches re­

sulting from the violation of the Declaration. By-Laws. and the

rules and regulations adopted pursuant thereto. including the

.,.r

terminate the lease without liability and to evict the lessee

Any violation of the Declaration. By-Laws. or rules

and regulations adopted pursuant thereto is deemed to be a

power and authority to evict the lessee on behalf and for the

-24-

benefit of the owner. in accordance with the terms hereof. In

the event the Association proceeds to evict the tenant. any

the use of any and all recreational facilities and other

costs. including attorney's fees and court costs. associated

with the eviction shall be. specially assessed against the unit

and the owner thereof. such being deemed hereby as an expense

which benefits the leased unit and the owner thereof. The

owner will be kept informed of all actions taken by the Board

rights and privileges that the owner has to use the common

amenities.

elements of the Condominium to include. but not be limited to,

in regard to the lessee.

assigns to the lessee. for the term 6f the lease. any and all

-"in -accordance with Georgia law. The owner hereby delegates and

a~s~gns to Henderson Mill Condominium Association. ·Inc .• acting

through the Board. the POw~! and authority of but not the ob-

~

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(e) Applicability of Paragraph 13. Those owners who

are owners of units at Henderson Mill Condomiium as of the date

on which this Amendment is recorded in the DeKalb County.

Georgia Records may lease units owned as of that date and shall'

~ .. not. be required to demonstrate undue hardship as a prerequisite

to ~be' leasing of those' units. All such dwners who intend to

lease their unit must give thirty (30) days written notice to

the Board of Directors of their intention. the terms of the

proposed transaction. including a copy of the lease. and such

other information as the Board may reasonably require and all

such leasing and leases shall be subject to the provisions of

Paragraph l3(d). However. upon any conveyance of the unit. any

Grantee thereof shall be subject to the provisions of Paragraph

l3(b}. in addition to all other provisions of the Declaration.

By-Laws. and rules and regulations adopted pursuant thereto.

Leases existing on the effective date of this

Declaration shall not be subject to the terms of paragraph

13(d}. above: such leases may continue in accordance with the

terms of the Original DeClaration. However. any assignment.

extension. renewal. or modification ~f any lease agreement.

including. but not limited to. changes in the terms or duration

of occupancy. shall be considered a termination of the old

lease and commencement of a new lease which must comply with

paragraph 13(d). Any owner of a unit which is leased on the

-25-

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effective date of this Declaration shall place on file with the

Board of Directors a copy of the lease agreement in effect.

This Paragraph 13 shall not apply to any leasing

transaction entered into by the holder of any first mortgage on.

__ a unit who becomes the owner of a unit through foreclos~re or

~ny other means p~rsuant to the satisfaction of. the indebted-

ness secured by such mortgage.

14.

Sale of Units

Within seven (7) days after executing a sales contract

or agreement for the sale of a unit at Henderson Mill. the own-

er of the unit shall give written notice to the Board of Di-

rectors of his or her intention to sell the unit. The notice

shall state the name and address of the intended purchaser and

certify that the intended purchaser meets qualifications for

~wnership at Henderson Mill as specified in these

Declarations. The owner shall also notify the Board of

Directors of the date of the transfer of the unit to the new

owner before or on the date of closing. The unit owner shall

make available to the intended purchaser copies of the

Declaration. By-Laws and rules and regulations. If the Board

is not notified in writing prior to the sale that purchaser has

received copies of such documents. the Board may. at its option

prepare a package containing the documents and charge any

-26-

copying expense to the unit; such expense shall constitute a

lien on the unit pursuant to Paragraph 9 herein.

15.

Preparer "

This Declaration was prepared by Hyatt & Rhoads. P.C ..

"2200 Peachtree .Center Harris'Tower,' 233 Peachtree St'reet, N.E ••

,Atlanta. Georgia. 30303.

16.

Mortgagees' Rights

Upon written request to the Association. identifying

the name and address of the holder, insurer or guarantor of a

first mortgage and the unit number or address, any such mort-

gage holder. insurer. or guarantor will be entitled to timely

written notice of:

(a) any condemnation or casualty loss that affects

either a material portion of the Condominium or the unit se-

curing its mortgage;

(p) any sixty (60) day delinquency in the payment of

assessments or charges owed by the owner of any unit on which

it holds the mortgage;

(c) a lapse, cancellation. or material modification

of any insurance policy or fidelity bond maintained by the

Association; and

-27-

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SUbdivide. encumber. sell. or transfer the common elements (the

(d) any proposed action that requires the consent of

a specified percentage of mortgages holders.

Unless at least two-thirds (2/3) of the first mort-

gagees or unit owners give their consent. the Association or

the membership shall not:

(a)' by act .or omission seek to abandon or terminate

·the Condominium;

(b) change the pro rata interest or obligations of

any individual unit for the purpose of (i) levying assessments

or charges or allocating distributions of hazard insurance

proceeds or condemnation awards: or (ii) determining the pro

rata share of ownership of each unit in the common elements;

(c) partition or subdivide any unit;

(d) by act or omission seek to abandon. partition.

granting of easements for public utilities or for other pur-

poses consistent with the intended use of the common elements

or architectural changes. as authorized herein. shall not be

deemed a transfer ~ithin the meaning of this clause); or

(e) use hazard insurance proceeds for losses to any

Condominium property (whether to units or to common elements)

for other than the repair. replacement. or ~econstruction of

such Condominium property.

-28-

...~.'

SecretaryAttest:

mortgagees or unit owners where a larger percentage vote is

~'.•.­~ ..'

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..-29-

Signed. ~ealed. and deliveredthis Jl!:!:: day of ;Iq 0"'0 t .... , .'19~·. in the presence of:'

~dAzrlcl;M~WITNESS . '

the requisite vote,

This Iath ' day of -,.:J~~"""I'\,,",,-='6..::o..:;:;..;..('...,.y • 19~ f" .

this amendment to the Original Declaration was duly adopted by

derson Mill Condominium Association. Inc .• hereby certify that

IN WITNESS WHEREOF. the undersigned officers of Hen-

The provisions of this Paragraph shall not be con-

require approval of the Veterans Administration.

Veterans Administration. merger of the Condominium regime shall

for any of the actions contained in this Paragraph.

If any u~it is sUbjec~ to'a mortgage guaranteed by the

otherwise required by the Act or the condominium instruments

strued to reduce the percentage vote that must be obtained from

"""C:;-'i~~~&g~,."' ...~.....~.~y PUBLIC~ .::.,"V" . ~

~ 41 ...• . 0 T" AQ.B·e..)J;1, .~.~ ~r·~ G ."f"fojf' '. : 'Notary Public: Dekalb County. eorgla

S .~ :~' • •.~J : "My CommiSSion E.xpares Aug. 2.1987.. . , po., \" •-:s ","" U 8 \... \.I: ,:'., <0 • " ...."...... ('" ". .0 \..;,. .

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EXHIBIT "A"

Property Description

ALL THAT TRACT OR PARCEL OF LAND lying and being inLand Lot 285 of the 18th District of Dekalb County. Georgia.and being more particularly described as follows: ..···

BEGINNING at a right-oi-way monument located on thenortherly rignt-oi-way line of HendeI·son·Mill Road (a 60 ioot~i~ht-of-~ay) 460.2 fe~t east as measured fIom the int~rsection .of the easterly right-of~way line of Interstate 285 and thenortherly right-oi-way line of Henderson Mill Road: thencenorth 00 degIees 19 minutes 45 second west along said easterlyright of way of Interstate 285 a distance of 212.8 feet to aright-of-way monument: thence continuing along ~aid right-ot­way north 00 degzees 04 minutes 15 seconds west a distance of283.4 teet to a right-Of-way along the arc of a curve to theleft and having a chord bearing north 05 degrees 25 minutes 00seconds west. chord distance 657.6. a distance of 658.6 feet toan iron pin; thence running north 89 degrees 08 minutes 45 sec­onds east a distance of 360.7 feet to a point: thence runningsouth 00 degrees 17 minutes 00 seconds east a distance of 474.5feet to an iron pin; thence south 00 degrees 47 minutes 15 sec­onds east a distance of 274.4 feet to a point: thence south 74degrees 47 minutes 15 seconds east a distance of 82.5 feet to apoint; thence south 02 degrees 20 minutes 30 seconds west adistance of 211.7 feet to an iron pin located on the northerlyline of the right-Of-way of Henderson Mill Road; thence alongsaid northerly right-Of-way line of Henderson Mill Road alongthe arc of a curve to the right having chord bearing south 62degrees 30 minutes 00 seconds west. chord distance of 205.8feet. a distance of 205.8 feet to an iron pin; thence alongsaid northerly right-of~way of Henderson Mill Road south 67degrees 32 minutes 00 seconds west a distance of 207.2 feet toa right-of-way monument and the POINT OF BEGINNING; said tractor parcel containing 8.290 acres as per plat of survey preparedfor Henderson Mill Condominiums by H. E. Harper. Georgia Regis­tered Land Surveyor No. 1321. date.d May 19. 1976. last revisedOctober 4. 1979.

Building No.

3208

3210

3212

3214

3216

3220

3222

EXHIBIT "B"

Unit Information

PercentageAlloca tion o,f

of Interest inCommon Elements.Voting Rights.

UnJ t Approximate and Liability forIdent i fyi ~g No. Area"" Common Expenses

1 1.360 1.0182 1.607 1.1933 1. 360 1.0144 1.607 1.193S 1.071 .7996 1. 360 1.0147 1.071 .7998 1.360 1.014

1 1.837 1. 3702 1.837 1.3703 1,837 1.3704 1,837 1.370,

1 1,367 1.0192 1,367 1.0193 1,367 1.019,4 1.367 1.019

1 1.367 1.0192 1,367 1.0193 1,367 1.0194 1,367 1.019

1 1,360 1.0142 1,360 1.0143 1, 360 1.0144 1,360 1.014

1 1.360 1.0142 1,360 1.0143 1,360 1.0144 1,360 1.014

1 1, 367 1.0192 1, 367 1.0193 1,367 1.0194 1,367 1.019

.~\

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•.'.'...•••••.'.'.'••.'•~ ...•

•~........~.\......('(((((((((((.(L

,,,,f 3224 1 1, 360 1.014, 2 1,071 .799

3 1, 360 1.014

• 4. 1.071 .799

• 5 1, 607 1.1936 1, 360 1.014

• 7 1, 607 1.193

• 8 1.360 1.014,.

• 3226 1 1, 360 1. 014

• 2 1.360 1.0143 1, 360 1.014• 4 1.360 1.014

• 3228 1 1.360 1.014• 2 1.360 1.014

• 3 1, 360 1. 014

• 4 1,360 1.014

• 3230 1 1.367 1.019, ·2 1.347 1.004! 3 1.367 1.019, 4 1.347 1.004

• 5 1.347 1.0046 1.367 1.019• 7 1.347 1.004

• 8 1.367 1.019

~ 3232 1 1.367 1.019

~2 1.367 1.0193 1.367 1.019

~ 4. 1.367 1.019,3234 1 1.367 1.019

~ 2 1.079 .804j

" 3 1.367 1.019" 4 1.079 .804~ 5 1.615 1.204}, 6 1.367 1.019

7 1, 615 1. 204~ 8 1.367 1.019

~ 3236 1 1, 360 1.014~ 2 1, 071 .799

" 3 1, 360 1. 014j

4 1.071 .799,5 1, 615 1.204, 6 1, 367 1.0197 1, 615 1.204

'"8 1.36.7 1.019

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3238 1 1. 367 1. 0192 1.607 1.1933 1.367 1. 0194 1.607 1.1935 1.079 .8046 1.360 1.0147 1.079 .804B 1. 360 1.014 .f

"

3240 1 1.367 1.019:2 1.079 .8043 1. 3~·7 . .1. 0194. 1,079 .8045 1. 615 1. 2046 1.367 1.0197 1.615 1.204B 1.367 1.019

3242 1 1.845 1. 3752 1.845 1. 3753 1.845 1. 3754 1, 845 1.375

134.172 100.000

11< Measured from the exterior of all outside walls and from thecenterline of party walls.

-3-

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HENDERSON MILL CONDOMINIUM ASSOCIATION. INC.

1725 Central Savinqs TowerSan Dieqo. California 92101

(619) 232-0811g1~'ll"'c228eCJ,53 t ~~-

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EXHIBIT IIC"

BY-LAWS

OF

HYATT & RHOADS. P.C.

Attorneys

2200 Peachtree Center Harris TowerAtlanta. Ceorqia 30303

(404) 659-66'00

1275 K StreetWashinqton. D.C. 20005

(202) 682-1800

MEETINGS OF MEMBERS

- TABLE OF CONTENTS -

.0.'•."

.,/

••.'•••_:•••••...­......••..~,«««('(((((((((((,,,,,&.

5

• • . • 3

. • . . • . . . . . 4

........

• CD II •• II •••• II II •

..........

. .

.... II e ••

•••• II ••• .. 1. 1.1.1. 2

• •••••• 0 •••••••••••••••••••• 2

.... .... .

Ac t II ••• II •• 2Article~ of "Incorporation. .•..•........... .2Association.................... " 3Board of Directors or Board........ . 3By-Laws. . . . . . . . . . . . . . . .. . . . . . . . .3Common elements or common areas 3

Person ... CI ••••••••

Condomini um .

Applicability ...Name .Membership.Voting .•...Ma jor i tY, •••Purpose .. ".

Condominium instruments ••....••.•.....•.•..... 3De c 1a[ a t ion 3Eliqible Votes C1.. • •••••••••••••• 3Mortqaqe........ ...................3Officer.o............. .............3Owner or member.. . ....•.......... 4

Plats and plans......... . 4Unit. dwelling. or residence 4

Composition and Selection.

l.2.3 •4.5.6.

1. Composi~ion eo •••••• 52. Election and Term of Office 63. Removal of Members of the Board of Directors .. 6

1. Annual Meetinqs 42. Special Meetinqs... . 43. Notice of Meetings. . . . . . . .44. Waiver of. Notice. •.... . .... 45. Quorum. . . . . . . . o. • ••• 0 0 • • • • • • •••• 56. Adjournment.. .. 57 • Proxy. . . . . . . . . . . . . . . . . . . .. 58. Consents. . . . . . . . . . .. 0 •••• ,. • • • • • • • • • 059. Conduct of Business S

1.2.3 •4.5.6.7.8.9.

10.ll.12.13.14.15.16.

GENERAL

A.

DEFINITIONS

BOARD OF DIRECTORS

II.

I I I.

IV.

ASSESSMENTS

OFFICERS

8

10

.'" 7

Va cane i e s . " "" " . " . e " •••• " " " " 6Compensation .. "." .. eo." "'" •••• "." e" •• " I) •••• ",,,.6. . .NOMlnatl'on .. 0 <II '" ... ". " '" "'" • '" III o. " •• " •• " •••• " ••••• 6

Designation 0." ~ ...................... •• 10Election of Officers .......•.••••.•.......... l1Removal of Officers ....•........•..•..•....•. l1

4.5 •6 •

1­2.3.4. P.tesident 115. Vice Pres ident 116. Secretaty 117. 'Treasurer ' 11

1. Purpose of Assessment ; · 182. Creation of the Lien and Personal

Obligation For Assessments 193. Acceleration 19

1. Liability and Indemnification of Officersand Di [e c t 0 [ s ..................•.•........... 12

2. Insurance ·.. 123. Repair and Reconstruction 154. Arc.hi tectura 1 Standards 16s. Maintenance Responsibility 17

17. Nominating Committee ..........•.•.........•.. 1018. Architectural Standards 1019. Additional Committees ...............•....... ~10

14. Powers and Duties 815. Management Agent .............•.............•. 1016. Borrowing and Expenditures .....•............. 10

7. Organizational Meeting .......•....•........... 78 " R~qu 1arMee~ in9 $ 4' • '.. .. '" • • • •••• " " ••• " • • • " •• '" " • " • .; • 79. Special Me·etings G, " •••• ".7

10. Waiver of .Notice ?11. Conduct of Meetings ..........•................ 712. Action Without A Meeting 813. Tie Votes " e ••••• 8

B. Meetings.

ASSOCIATION RESPONSIBILITIES

C. Powers and Duties.

D. Committees.

VI.

VII.

V.

VIII.

IX.

4. computation of Operating BUdget andAs se ssme n t . " " .. " " " " " . " . " " 0 • e e e flo " " " " " 19

S. special Assessments 206. Lien for Assessments ..........•.............. 207. capital Budget and Contribution .............• 208. Statement of Account .....•••.•...•.......... ~20

USE RESTRICTIONS ANP RULE MAKING

1. Authority and Enforcement •..••••..•.......... 212. Additional" Enforcement Riqhts 21

MISCELLANEOUS

1. Notices " " 212. Severability "" 223. captions e.224 . Genderand Gr a mma r .........................•. 225. Fiscal year .........................• ~ ....••. 226. Audit 227. Conflicts 228. Condemnation " 229. Amendment •••••••••••.•••••••••••.•••••.•••••• 22,

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