BY-LAWS OF

WREn's CROSS OF ATLAnTA CONDOMInIUM ASSOCIATIon, Inc.

HYATT & RHOADS2200 Peac~tr8e Center Harris Tower

Atlanta, Georgia 30303(404) 659-6600

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II.

8Y-LAWSTABLE Of CONTENTS

GENERAL1. Applicabi~ity

2. Name3. Hembersh:'p4. Voting5. Majority6. Purpose

DEFINITIONS1.. Act2. A..ociation3. Board4. Common Elements5.. Condominium6. Declaration7. Limited Common Elements8. Mortgage9. Officer

10. O"mer11. Person12. Property13. Unit

III. MEETINGS OF MEM8ERS1. Annual Meetings2. Special Meetings3. Notice of Meetings4. Waiver of Notice5. Quorum6. Adjournment7. Proxy8. Consents

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IV. BOARD OF DIRECTORSA. Composition and Selection 5

1. Composition 52. Term of Office 53. Removal of Members of the Board of Directors 54.. Va t;anc1es 55. Compensation 66. Nomination 67. Elections 6

B. Meetings 68. Regular Meeting. 69. Special Meetings 6

10. Waiver of Notice 611. Conduct of Meetings 712. Action Without a Meeting 7

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V.

C. po~@rs and Duti@s13. Pow@rs and Duties14. Management Agent15. Bo rrowing

D. Committe@s16. Nominating Committ@e17. Architectural Standards18. Oth@r Committees

OFFICE~S1. Designation2. Election of Officers3. ~emoval of Officers4. President5. Vice President6. Secretary7. Treasurer8. Agre@ments, Contracts, D@eds, Leases,

Checks, Etc.

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VI. ASSOCIATION RESPONSIBILITIES1. Liability and Indemnification of Officers

and Directors2. Insuranae3. Repair and Reaonstruation4. Architectural Standards5. Maintenance Responsibility

VII. ASSESSMENTS1. Purpose of Assessment2. Creation af the Lien and Personal

Obligation of Assessments3. Computation of BUdget and Assessments•• Special Assessments5. Natice of Meetinls6. Lien far Assessments7. Capital Budget and Contribution

VIII. USE ~ESTRICTIONS AND RULE HAtING1. Authority and Enforcement2. Additional Restriations2. Prooedure"

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IX. HISCELLANEOUS1. Notices2. Severability3. Captions4. Gender and Grammar5. Fiscal lear6. Audit7. Conflicts8. Conde.nation9. Amend.ent

10. Books and Records

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3~ LAWS or~~EN'S C~OSS Of A7~AN7A CONDOMINIUM ASSOCIATION, INC.

Art~cle I

General

Section 1. ~Dollca~il1ty. The~e 9y-Law~ provide fort~e self go~ern~e~: c~ ~n~ Wren'~ Cro~s or Atlanta Condooiniu~

AssoCiation, Inc .• in accordance with the Artieles of Incorpo­ra:ion and the Decl~r3tion of The Wren's Cross of AtlantaCondo~iniuo A~sociatjon, Inc. recorded in Deed BookPage , DeKalb Count] Records.

Sectio~ 2. Na~e. The name of the corporation isWren's Cross Of Atlanta Condominium Association, Inc., here­inafter referred to as the Association.

Section 3. M~~ber~hiD. An o~ner of a unit shallautomatieally become a mecoer of the Association upon takingtitle of ownership; as ~ay be more fully provided below, aspouse of a meober may exerc!se the po~ers and privileges ofthe meober. If title to a unit be held by more than one per­son, the membership shall be shared 1n the same proportion asthe title, but there shall be only one membership and one voteper unit. He~oership does not include persons who hold aninterst merely as ~ecurlty for the perfor~ance of an obliga­tion, and the giving of a ~ecurlty interest shall Dot ter~inate

the o~ner'3 cembership. Membership s~all b~ appurtenant to thaunit to which it appertains and shall be transferred automati­cally by conveyance of that unit and oay be transferred only 1nconnection with the transfe~ of title.

Section 4. Voting. Each unit shall be entitled toone vote whie~ may be east by the owner, the owner's spouse, orby a lawful proxy as provided below. When more than one personowns a unit, the vote Cor such unit shall be exercised as theybetween or among thenselves determine, but in no event shallmore than one vote be cast with respect to any unit. In theevent of disagreee~ent among such persons and an attempt by tvaor oore of theo to ca~t such vote or yates such persons shallnot be reeogni7.ed and such vote or votes shall not be counted.No owner shall be el:gible to vote, either in person or byproxy, or be elected to the Board of Directors vho is shown onthe books or ~anage~ent aceounts of the A~soclatlon to be =orethan sixty (60) days delinQuent 1n any payment due theAssociation.

Section 5. Majority. As used in these 8y-La~s, thetero "majority" shal: mean those votes, owners, or other groupas the context may indicate totalling aore than fifty (50~)

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pe;-c't;nt of the total n-umber 0[' votes, owners, or o,lle~ groups.~niess otherwise speci['ically stated, the words "cajority vote"mean more than r~fty (50S) percent of those voting in person orby proxy. Unless otherwise provided in the Declarati~n orthese By-Laws, all decisions shall be by majority vote.

Sect~on 6. PUr~Q3e. The Association Shall have theresponsibility or administering the condominium, establishingthe means and methods of collecting the contributions to thecommon expenses, arranging for the management of the condomin­ium and perfor~ing all of the other acts that may be requiredto be perfoz-med by the Association by the Georgia CondociniulilAct and the Declaration. Except as to those matters whicheither the Georgia Condominium Act, the Declaration, or theGeorgia Uon-?rorit Corporation Code specirically required to beperformed by the vote of the Association. the administration ofthe foregoing responsibilities shall be performed by the Boardof Directors as more particularly set forth below.

ARTICLE II

De fini tions

Unless the context otherwise reqUires, the terms asused in these By-Laws, the Declaration and the Articles ofIncorporation shall have the follow1nS meanings:

Section 1. Act shall mean the Georgia CondominiumAct, Ga. Laws 1975, No:-V63; Ga. Code Ann. Section 85-1601E ~~, as such act may be amended.

Section 2. Association shall mean the Wren's Crossof Atlanta Condominium Association, Inc. and its successors.

Section 3. Board or Board of Directors shall meanthe governing body of the Associations.

Section 4. Common Elements or oommon areas shallmean the area and property submitted to be part of the condo­minium but not included within the boundaries of a unit asdefined 1n Paragraph ~ of the Declaration.

Section 5. Condominium shall mean all that propertysubmitted to the Act as described in the Original Declaration.as amended, and specifically incorporated 1n the AmendedDeclaration.

Section 6. Declaration shall mean that docu~ent

filed or record in Book at Page et. ~, in theOrfice of the Clerk or t~per1or Court of DeKalb County,Georgia for the purpose of submitting the condominium to theAct.

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Section 7. Li~ited Common Elements shall mean thatproperty set aside for limited ~se as described in Paragraph 4of the Declaration.

Section e. Hort~age shall refer to.any mortgage,deed to sec~re debt, deed of tr~st or other transfer or convey­ance for the p~rpose of sec~ring the performance or an obliga­tion, including but not limited to a transfer or conveyance forsuch purpose of fee title.

Section 9. Orficer shall mean those ind~viduals whoare elected by the Board to 5erve as President, Vice PreSident,Secretary, or Treasurer or 5uch other subordinate offices ~s

the Board may determine necessary.

Section 10. Owner shall mean the record title holderof a unit within the condominium, but shall not mean a mortgageholder.

Section 1'. Person shall mean any individual, corpo­ration, firm, association, partnership or other legal entity.

Section 12. Property unless the context shouldotherwise require, shall mean all those tracts or parcels ofland and improvements thereon which at a given point in timehave been submitted to the provisions of the Act by means ofthis Declaration or any duly authorized amendment hereof.

Section 13. ~ shall mean that portion of thecondominium intended for individual ownership and use asdescribed in the Declaration.

Article III

Meetings of Members

Section 1. Annual Meetings. The regular annualmeeting or the members shall be held within the first fifteen(15) days of the month of December, in each year, on a day andat an hour set by the aoard. Meetings shall be at the condo­minium or other suitable place set by the Board in DeKalbCounty, Georgia.

Seotion 2. Special Meetings. Speoial meetings ofthe members. or any purpose may be called at any time· by thePresident, the Secretary, or Treasurer, or by request of anytwo or more members of the Board of Directors, or upon writtenrequrest of the members who have a right to Yote one-fourth(1/4) of all of the yotes of the entire membership.

Section 3. Notice of Meetings. It shall be the dutyof the Secretary to mail or to cause to be delivered to eaob

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unit owne~ a notice of each annual or special meeting of theAssociation at least twenty-one (21) days prior to each annualmeeting; and at lea~t seven (7) days prior to each specialmeeting; stating the purpose of any special meeting as well asthe time and place where it is to be held. If any owner wishesnotice to be given at an address other than his or her unit,the owner shall have designated by notice in writing to theSec~etary such other address; if no other address has beendesignated then the aforesaid notice shall be delivered at theaddress of the respective unit. The mailing or delivering of anotice of ~eeting in the manner provided in this Section shallbe considered service of notice. Upon request, any institu­tional holder of a first mortgage shall be entitled to writtennotice of all meetings and shall be permitted to designate arepresentative to attend and observe any such meeting.

Section 4. Waiver of Noti~e. Waiver of notice ofmeeting of the owners shall be deemed the equivalent of propernotice. Any owner may, in writing, waive notice or any meetingof the owners, either berore or after such meeting. Attendanceat a meeting by an owner, whether in person or by proxy, shallbe deemed waiver by such owner of notice of the time, date andplace thereof unless such owner specifically objects to lack ofproper notice at the time the meeting is called to order.Attendance at a special meeting shall also be deemed waiver ofnotice of all business transacted thereat unless objection tolack of notice is raised before the business, or whicb propernotice was not given, is put to a vote.

Section 5. Quorum. Except as may be provided else­where, a quorum shall 6e deemed present throughout anY meetingof tbe members of the Association until adjourned if personsentitled to cast more than one tbird of the votes are present.If the required quorum is not present at the meeting firstcalled, a subsequent meetin, may be held within 60 days follow­ing the first meeting upon notice as provided in these By-Laws,and one-fourth of the votes of the Association present inperson or by proxy, shall constitute a quorum. If the requiredquorum is not present at the second meeting, a third meetingmay be held and, arter proper notice as provided for in theseBy-Laws one-fifth of the votes of the Association, present inperson or by proxy, shall constitute a quorum.

Section 6. Adjournment. Any meeting of the ownersmay be adjourned from time to time for periods not exceedingforty-eight (48) hours by vote of the owners holding themajority of the votes represented at such meeting, regardlessof whether a quorum is present. Any business which could betransacted properly at the original session of the meeting maybe transacted at an adjourned session, and no additional noticeof such adJourned session shall be required.

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Section 1. Proxy. Any member entitled to vote maydo so by written proxy duly executed by the member settingforth the meeting at which the proxy is valid. To be valid, aproxy must be filed with the SecretarYt or a member of theBoard of Directors prior to the opening of the meeting forwhich it 1s to be used. Presence 1n person at the meeting forwhich a proxy is given shall automatically 'revoke the proxy.

Section B. Consents. Any action which may be takenby a vote of the owners may be taken by written consent signedby all owners.

A.rticle IV

Board of Directors

Part A. Composition and Selection.

Section 1. Composition. The a£fairs of the Associ­ation shall be governed by a Board o£ Directors. The Boardshall be composed ot at least three (3 but no more than 11)persons. The directors shall be owners o£ units or spouses ofsuch owners; prOVided, however t that no owner and his or herspouse may serve on the Board at the same time.

Section 2. Term of O£fice. The directors shall beelected as provided in Section 1 of this Article. One half ofthe Board elected during the first operating year of theAssociation, or one half plus one, if the number of members isodd~ shall be or was elected for terms of one year so that theterms of all directors shall not or will not expire 1n the sameyear and will be staggered. After the initial term of eachdirector elected, each director will be elected for two yearterms.

Section 3. Removal of Members of the Board ofDirectors. At any regular or special meeting of the Associa­tion duly called, anyone or more of the members of the Boardof Directors may be removed with or without cause by a majorityof the members and a successor may then and there be elected totill the vacancy thus created. Any director whose removal hasbeen proposed by the members shall be given at least ten (10)days notice of the calling of the meeting and. the purposethereof and shall be given an opportunity to "be heard at themeeting.

Section 4. Vacancies. Vacancies in the Board of "Directors caused by any reason, including the addition or a newdirector or directors, other than the removal of a director byvote of the Association shall be filled by a vote of the major­ity of the remaining directors, even though less than a quorum,at any meeting of the Board of Directors for the remainder of

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the te~m of the membe~ being ~eplaced until a successo~ sha~l

be ~lecte~ ~~ the next annual meeting of the Association tofill the unexpi~ed po~tion of the te~m.

Section 5~ Comoensation.compensated unless and to the extentAssociation autho~ize at any meetingpu~pose.

Directo~s sha~l not bethe members or theduly called fo~ that

S.'tion 6. Nomination. Nomination fo~ election tothe aoa~d shall be made by a nominating committee which shallconsist of three (3) members appointed by the President toserve from the close of one annual meeting to the close of thesucceeding annual meeting. The nominating committee maynominate any number of qualified individuals, but no less thanthe number of directors to be elected. The nominations shallbe made at least twenty-one (21) days prior to the annualmeeting and a brief statement about the qualifications of eachindividual so nominated shall be included with the notice ofthe annual meeting. Nominations shall also be allowed from thefloor at the meeting, and failure to comply othe~wise with thisSection shall in no way invalidate the election of directors sonominated.

Section 7. Elections. Election to the Board ofDi~ecto~s shall be by secret written ballot cast at the annualmeeting. At such election the members or their proxies maycast, in respect to each vacancy, the votes of their respectiveunits as provided in the Declaration. The persons receivingthe largest number of votes shall be elected. Cumulativevoting shall not be allowed.

Section 8. Regular Heetings. Regular meetings ofthe Board of Directors may be held at such time and place asshall be dete~mined from time to time by the Board, but such

'meetings shall be held at least ten (10) days after each annual­meeting of members.

Section 9. Special Heetings. Special meetings ofthe Board of Directors may be called by the President on three(3) days notice to each director given by mail, in person or bytelephone, which notice shall state the time, place and purposeof the meeting. Special meetings of the Board of Directorsshall be called by the President, Sec~etary, Treasurer in likemanner and on like notice on the written request of at leasttwo (2) directors.

Section 10. Waiver of Notice. Any director may, atany time, in writing, waive notice of any meeting of the Boardof Directors, and such waiver shall be deemed equivalent to thegiving of such notice. Attendance by a director at any meetingof the Board of Directors shall also constitute a wlaver of

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consent of a majority of the total vote of the Assoc~ation, theBoard shall not borrow ~oney for the purpose of addinga~entities to the concominiu~.

Part D. Co~~ittees.

Section 16. Nominatin~ Committee. Pursuant to Sec­tion 6 of this Article IV, there shall be a nominating co~mit­tee composed of three (3) members appointed in the man~er andto perform the functions specified in Section 6 of thisArticle.

Section 17. Architectural Standards. The Board mayestablish an Architectural Standards Committee for the purposeOf establishing and maintaining architectural standards oncondo~inium property as hereinafter provided.

Section 18. Other Com~ittees. There shall be suchother committees as the Board shall determine with the powersand duties that the Board shall authorize. Unless otherwiseprovided in the resolution oreating the oommittee, theohairperson of each committee shall be a member of the Board.

Article V

Offioers

Seotion 1. Designation. The principal offioers Ofthe Assooiation shall be the President, Vice President, theSeoretary, and the Treasurer, all of whom shall be eleoted byand from the Board of Direotors. The Board of Direotors mayappoint an Assistant Treasurer, an Assistant Secretary, andsuch other subordinate offioers as in its jUdgment ~ay benecessary. Suoh subordinate officers shall not be required tobe ~embers of the Board of Directors. Except for the officesof Seoretary and Treasurer, which may be held by theaameperson, no person may hold more than one office.

Section 2. Election of Officers. The officers ofthe Association shall be elected annually by the Board ofDirectors, at the first meeting of the Board following eachannual meeting of the members, and shall hold offioe at thepleasure of the Board of Directors and until a sucoessor iselected.

Section 3. Removal of Officers. Upon the affirma­tive vote of a majority of the members of the Board of Direo­tors, any officer may be removed, either with or without causeand a successor may be elected.

Section 4. President. The President shall be thechief executive officer of the Association and shall preside at

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notice by him or her of the time and place of such meeting. Ifall directors are present at any meeting of the Baord of Direc­tors, no notice shall be required and any business may betransacted at such meeting.

Section 11. Conduct of Meetings. The Presidentshall preside over all meetings of the Board of Directors andthe Secretary shall keep a minute book recording therein allresolutions adopted by the Board of Directors and a record ofall 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 inconflict with the Declaration or these By-~aws. 1 majority oidirectors shall constitute a quorum for the transaction ofbusiness.

Section 12. Action Without a Heeting. Any action bythe Board of Directors required or permitted to be taken at anymeeting may be taken without a ••• ting if all of the members ofthe Board of Directors shall individually or collectively con­sent in writing to such action. Such written consent or con­sents shall be filed with the minutes of the proceedings of theBoard of Directors.

Part C. Powers and Duties.

Section 13. Powers and Duties. The Board of Direc­tors shall manage the affairs of the Association and shall haveall the powers and duties necessary for the administration ofthe condominium and may do all such acts and things as are notby the Declaration, Articles of Incorporation, or these By-Lawsdirected to be done and exercised exclusively by the members.The Board shall have the power to adopt such rules and regula­tons as it deems neces3ary and appropriate and to impose sanc­tions for violations thereof, including without limitationmonetary fines.

Section 14. Management Agent. The Board of Direc­tors may employ for the condOminium a professional managementagent or agents, at a compensation established by the Board ofDirectors, to peform such duties and services as the Board ofDirectors shall authorize. Moreover, any management contractshall contain a terminiation clause permitting termination, forcause or without case, upon thirty (30) days written notice.

Secti~n 15. Borrowing. The Board of Directors shallhave the power to borrow money for the purpose of repair orrestoration of common areas and facilities witbout the approvalof the members of the Assooiation. The total amount of suchborrowing shall not exceed Seven Thousand Five Hundred ($7,500)Dollars outstanding debt at anyone time unless approved by amajority of the total vote of the association. Without the

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all meeting~ of the A~~ociation and at the Board of Director~.

The president shall have all the general powers and dutieswhich are incident to the office Of the president of a corpora­tion organized under the Ceorgia Nonprofit Corporation Code,including but not limited to the power to appoint committeesfrom and among the member~ from time to time as he may in hisdi~cretion decide i~ appropriate to assist in the conduct ofthe affair~ of the Association.

Section 5. Vice President. The Vice President shallact in the President's absence and shall have all the power~,

duties, and responsibilitl~~ provided for the President when soacting.

Section 6. Secretary. The Secretary shall keep theminutes of all meetings Of the Association and of the Board ofDirectors and shall have charge of such books and papers as theBeard of Directors may direct, and shall, in general, performall duties incident to the ofrice of the secretary of a corpo­ration organized in accordance with Ceorgia law.

Section 7. Treasurer. The Treasurer shall have theresponsibility for the Association's funds and securities andshall be responsible for keeping full and accurate financialrecords and books of account shoWing all receipts and disburse­ments, for preparing all required financial statements and taxreturns, and for the deposit of all monies and other valuableeffects in the name of the Association or the managing agent insuch depositories as may from time to time be designated by theBoard of Directors. The Treasurer shall be responsible, withthe managing agent, for the preparation at the bUdget as pro­vided below.

Section 8. Asreements, Contracts, Deeds, Leases,Cheeks, Etc. All agreements, contracts, deeds, leases, checks,and other instruments of the Association shall be executed byat least two (2) officers Or by such other person or persons asmay be designated by resolution Of the Board Of Directors.

Article VI

Association Responsibilities

Section 1. Liability and Indemnification of Officersand Directors. The Association Shall indemnify every of1icerand director against any and all expenses, including counselfees, reasonably incurred by or imposed upon such officer ordirector in connection with any action, suit or other proceed­ing (including settlement of any such action, suit or proceed­ing if approved by the then Board of Directors) to which he maybe made a party by reason of being or having been an officer ordirector, whether or not such person is an officer or director

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at the ti~e such expe~ses are incurred. T~e officers and di­rectors shall not be liable for any m~stake of judgment, neg­ligence or otherwise, except for thei~ own individual willfulmisfeasance or malfeasance. The officers and directors shallhave no personal liability with respect to any contract orother commitment made by them, in good faith, on behalf of theAssociation (except to the extent that such officers or direc­tors may also be members of the Association) and the Associa­tion shall indemnify and forever hold each such officer anddirector free and harmless against any and all liability toothers on a~count of any such contract or commitment. Anyright 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. TheAssociation shall as a common expense maintain adequate generalliability and, if obtainable, officers' and directors' liabil­ity insurance to fund this obligation and the insurance shallbe written as provided in Section 2 of this Article VI.

Section 2. Insurance. The Association shall obtainand maintain at all times as a common expense insurance asrequired by section 39 of tbe Georgia Condominium Act and asrequired herein, inclUding a casualty insurance policy or poli­cies affording fire and extended coverage for and in an amountconsonant with the full replacement value of all structureswithin the condominium and a liability insurance policy orpolicies in amounts not less than $500,000 for injury, includ­ing death, to a single person, $1,000,000 for injury or injur­ies, including death, arising out of a single occurence, and$50,000 property damage, covering the Association, the Board ofDirectors, officers, and all agents and employees of theAssociation, and all unit owners and other persons entitled tooccupy any unit or other portion of the condominium property.All such insurance coverage shall be written in the name of theAssociation as trustee for each at tbe owners. It shall be theduty ot the Board of Directors annually to conduct an insurancereview to determine if the policy in force is adequate to meetthe needs of tbe Association and to satisfy the requirements ofthis Declaration and Section 39 of tbe Act. Such insuranceshall run to the benefit ot the Association, the respectiveunit owners and their respective mortgagees, as their interest~

may appear. The improvements and betterment~ made by theindividual owner~ shall be excluded from this required cover­age, but each owner shall have the right to obtain additionalcoverage tor such improvements, betterment~, or personal prop­erty at his or her own expense. The "structure" as insured bythe master policy shall be the building and units therein asdepicted on the plats and plans tiled and recorded in accord­ance with the Georgia Condominium Act.

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(a) The Board of Directors shall utilize every rea­sonable effort to secure a master policy covering physicaldamage that will provide the following:

(1) That the insurer waives its rights of subroga­tion of any claims against directors, officers, the managingagent, the individual owners and their respective houseroldmembers.

(2) That th~ master policy on the condominium cannotbe cancelled, invalidatud, or Suspended on account of the con­duct of any director, officer or employee of the Association orthe managing agent without a prior demand in writing deliveredto the Association and to all mortgagees of units to cure thedefect and the allowance of a reasonable time thereafter withinwhich the defect may be cured.

(3) That any "no other insurance" clause containedin the master policy shall expressly exclude individual unitowners' policies from its operation.

(4) That until the expiration of thirty (30) daysafter the insurer gives notice in writing to the morgage of anyunit, the mortgagee's insurance coverge will not be affected orjeopardized by any act or conduct of the owner of such unit,the other unit owners, the Board of Directors, or any of theiragents, employees, or household members, nor canceled for non­payment of premiums.

(5) That the master policy may not be canceled orsubstantially modified without at least thirty (30) days priornotice in writing to the Board of Directors and all mortgageesof units.

not

(6)

(7 )exceed One

An agreed value endorsement.

That the deductible amount per occurrence shallThousand ($1,000.00) Dollars.

All policies of insurance shall be written with acompany licensed to do business in the State of Georgia andholding a rating of "AAA" or better by Best's Insurance Reportsor the equivalent rating if available and the highest availablerating if such rating is unavailable, and the company shallprovide insurance certificates to each owner and each mortga­gee.

In no event shall the insurance coverage obtained andmaintained by the Association hereunder be brought into contri­bution With insurance purchased by individual unit owners ortheir mortgagee.

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Each unit owner snaIl notify the Board of Directorsof all structural improvements made by the unit owner tc h~sunit.

Any unit owner who obtains an individual insurancepolicy covering any portion of the condominium, other thanimprovements and betterments made by such owner at his expenseand personal property belonging to such owner, shall file acopy of such individual policy or policies with the Board ofDirectors within thirty (30) days after the purchase of suchinsurance. Swch owner snaIl 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 cODtain a cross liability endorse­ment.

(b) In addition to the insurance required nereinabove, the Board snaIl obtain as a common expense:

(1) Workmen's compensation insurance if and to tneextent necessary to meet the requirements of law.

(2) Fidelity bonds covering officers, directors,employees and other persons who nandle or are responsible forhandling association funds. Such bonds shall be in an amountequal to at least one hundred fifty (150J) percent of themonthly operating expenses of the Association and shall containwaivers of any defense based upon the exclusion of personsserving without compensation.

(3) Such other insurance as the Board of Directorsmay determine to be necessary.

Insurance carried by the Association as a commonexpense shall not include any part of a unit neither depictedon the original plats and plans nor included in the originalmortgage, nor shall the Association include public liabilityinsurance for individual owners for liability arising withinthe unit.

Section 3. Repair and Reconstruction. In the eventof damage to or destruction of aii or any part of the condo­minium as a result of fire or other casualty, unless eighty(80~) percent of the unit owners vote not to proceed witb thereconstruction and repair of the structure, the Board ofDirectors or its duly authorized agent shall arrange for andsupervise the prompt repair and restoration of the structure inaccordance with the original plats and plans. In the event ofsubstantial damage or destruction, each institutional holder ofa first mortgage shall be entitled to written notice of tbe

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dacage, and nothing in these docucents shall be construed toafford a priority to any unit owner with respect to the distri­bution or proceeds to any such unit.

The procedure for repair and reconstruction shall be:

(al Cost Estimates. Immediately after a fire orother casualty causing dacage to the condominium the Board ofDirectors shall obtain reliable and detailed estimates of thecost of repairing and restoring the structures (including anydamaged unitl to a condition as good as that existing beforesuch ~asualty. Such costs may also include professional feesand premiums for such bonds as the Board of Directors deter­mines to be necessary.

(b) Source and Allocation of Proceeds. If theproceeds of insurance are not sufficient to defray the saide~t1mated costs of reconstruction and repair as determined bythe Board of Directors, or if at any time during the recon­struction and repair or upon completion of reconstruction andrepair the funds for the payment of the costs thereof areinsufficient. assessments shall be made against all of the unitowners. If after repair and reconstruction is completed thereis a surplus of funds. such furids shall be common funds of theAssociation to be used as directed by the Board of Directors.

(c) Plans and Specifications.tion or repair shall be SUbstantially inplens and specifications under which theoriginally constructed.

Any such reconstruc­accordance with thecondominium was

(d) Encroachments. Encroachments upon or in favorof units which may be created as a result of such reconstruc­tion or repair shall not constitute a claim or basis for anyproceeding or action by the unit owner upon whose property suchencroachoent exists, provided that such reconstruction wassubstantially in accordance with the architectural plans underwhich the condominium was originally constructed. Such en­croachments shall be allowed to continue in existence for solong as the reconstructed building shall stand.

(e) Construction fund. The net proceeds of theinsurance collected on account of a casualty and the fundscollected by the Association from assessments against unitowners on account of such casualty shall constitute aconstruction fund which shall be disbursed in payment of thecost of recons" ruction and repair in the manner set forth inthis Section.

(f) Method of Disbursement. The construotion tundshall be paid by the Association in appropriate progress pay-

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BOOK 3748 fACf360

ments ~o such contrac~or(s}, supplier(s}, and pe~sonnel per­for~ing the work or su?p:ying materials or se~'lices for therepair and reconstruc:~on of the buildings as are oesignated bythe Board of Directors.

(g) Insurance Deductibles. If maintenance is re­quired as a result of an insured loss, the amount of the deduc­tible shall be conside~ed a maintenance expense to be paid bythe person or persons ~ho would be responsible for such repairin the absence of ins~rance. If the loss affects more than oneunit or a un .. t and the common area, the cost of the deductibleshall be apportioned equitably by the Board among the par~ies

sUffering loss in accordance with the total cost of repair.

Sec tion 4. Architectural Standards. No owner,occupant, lessee or l~ssor, or any other person ~ay make anyexterior change, alteration or construction, nor erect, place J

or post any sign. obj~ct, light, or thing on the exterior ofthe buildings or any othe~ common element without firstobtaining the written approval of the Board or its delegate.Application shall be in writing and shall provide such infor­mation as the Board may reasonably require. The Board or itsdelegate shall pUblish written architectural standards forexterior alterations or additions and any request in substan­tial compliance therewith shall be approved. In the event thatthe Board or its delegate fails to approve or to disapprovesuch application within sixty (60) days after it shall havebeen submitted, its approval will not be required and thisSection 4(b) will be deeced complied with.

Section 5. Maintenance Responsibility.

(a) By the Owner. Each unit owner shall have theobligation to maintain and to keep in good repair all portionsof the unit and all glass surfaces and all doors, doorways,frames, and hardware that is part of the entry system, and theair conditioning compressor servicing the unit. Additionally;the maintenance, upkeep, and repairs of any patio or plantingarea, excluding, however, all patio fences or walls, whether apart of the original construction or otherwise, shall be thesole responsibility of the owner of the unit to which such areais assigned and not the responsibility of the Association. Allfixtures and equipment installed in any unit, commencing at apoint where utility lines, pipes, wires or conduits enterthrough the exterior wall or a unit shall be maintained andkept in repair by the owner thereof.

(b) By the Association. The Association shall main­tain and keep in good repair as a common expense all of thecondominiuc property not required to be maintained and kept ingood order by an owner. Except to the extent that insurancereqUired to be maintained or maintained by the Association

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eoox3748 rm361

---.__._---- .. - _._----._ .. ~ .....- ...-....

••

covers any damage or loss, the Association shall not be respon­sible for any maintenance or repair to the interior of anyunit. The Association sha2l be responsible for all exteriorsurfaces except those listed in Section 5 (al of this ArticleV! whether or not inclu:ed within the boundaries of a unit andshall also be responsible for the repair and repainting oflimited common elements unless the defect is the result of theowner's own conduct. The Association shall be authorized toperform, after notice, any maintenance upon a unit for which aunit owner is responsible and to charge, as provided forassessments herein, th~ o~npr with the actual costs of main­tenance ..

Article VII

Assessments

Section 1. Pureose of Assessment. The assessmentsfor common expenses herein shall be used for the general pur­poses of promoting the recreation, health, safety, welfare,comoon benefit and enjoyment of the owners and occupants ofunits in the CondominiulD as maybe more specifically authorizedfrom time to time by the Board. Assessments may be used tocompensate officers and directors only if approved by a major­ity vote of the Association.

Section 2. Creation of the Lien and PersonalObligation 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 deeoed to covenant and agree to pay to theAssociation: (1) annual assessments or charges, and (2) speci­al assessments, such assessments to be established and col­lected as hereinafter provided, and (3) specific assessmentsagainst any particular unit, which are established pursuant tothe terms of these By-Laws. All such assessments, togetherwith charges, interest, costs, and reasonable attorney's fees,in the maximum amount permitted by Section 41 of the GeorgiaCondominium Act, shall be a charge 00 the unit and shall be acontinuing lien upon the unit against which each assessment ismade. Such amounts shall also be the personal obligation ofthe person who was the owner of such unit at the time when theassessment fell due. Each owner shall be liable for his or herportion of each assessment coming due while he or she is theowner of a unit and his or her grantee shall be jointly ~nd

severally liable for such portion thereof as may be due andpayable at the ime of conveyance. Assessaents shall be paidin such manner and on such dates as may be fixed by the Boardof Directors; unless otherwise provided, the assessments shallbe paid in monthly installments.

Section 3. Comeutation of Budget and Assessment.It shall be the duty of the Board at least thirty (30) days

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prior to the Association's annual meeting to prepare a bud~et

coverin~ t~p estimated costs of operating the condominiumduring tlle co~in~ year. The Board shall cause the budget andthe assessments to be levied against each unit for the follow­ing year to be delivered to each member at least fifteen (15)days prior to the meeting. The budget and the assessment shallbecome effective unless disapproved at the annual meeting by avote of a majority of those present at the meeting in person orby proxy. Notwithstanding the foregoing, however, in the eventthat the membership disapproves the proposed budget or theBoard fails for any reason so to determine the bUdget for thesucceeding fear, then and until such time as a bUdget shallhave been determined as provided herein, the budget in effectfor the current year shall continue for the succeeding year.

Section 4. Special Assessments. If the assessmentproves inadequate for any year, the Board may at any time levya special asessment against all owners; provided, however, thatprior to becoming effective, any special assessment shall beapproved by the affirmative vote of two-thirds (2/3) of thosepresent, in person or by proxy, at a special or annual meetingof the members, notice of which shall speCify that purpose.

Section 5. Notice of Meetings. Written notice ofany meeting called for the purpose ot taking any actionauthorized under Section 2 or Section 4 of this Article VIIshall be sent to all members not less than twenty-one (21) daysin advance of the meeting. Upon written request of any insti­tutional holder of a first mortgage, that holder shall beentitled to designate a representative to attend and observethe meeting.

Section 6. Lien for Assessments. The Associat1onshall have full and complete lien rights as provided or per­mitted by Section _1, Georgia Condominium Act, and the lienshall specifically include the maximum costs, charges, fees,and rents set out in Section 41(b) of that Act.

Section 7. Capital Budget and Contribution. TheBoard of Direotors shall annually prepare a capital bUdgetwhich Shall be for a minimum period of five years. The budgetshall fully reflect the number and nature of replaceableassets, the expected lif. of each asset, and the expectedrepair or replacement cost. The capital bUdget shall reflectthe projected dollar amounts and timing of capital expendituresfor the period of the budget. The Board shall set the requiredcapital contribution, if any, in an amount sufficient to permitmeeting the projected capital need3 of the Association, asshown on the capital bUdget, with respect both to amount andtiming by equal annual assessments over the period of thebUdget. The Capital contribution required 3hall be fixed bythe Board and included within the bUdget and assess=ent as

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..,....__~_"...,~ ..,..__...".._ .• ~.'--~"""-=--'-""""'."-""':~-':-H.'- ---......... --. - .•

provided in Section 3 of this Article. A copy of the capitalbUdget shall be distributed to each member at the time ofnotice of any contribution.

Article VIII

Use Restrictions and Rule Making

Section 1. Authority and Enforcement. The condo­minium shall be used only for those uses and purposes set outin the Declaration. The Board of Direotors shall bave theauthority to make and to enforce reasonable rules and regula­tions governing the conduct. use, and enjoyment Of units andthe common elements, provided that copies of all such rules andregulations be furnished to all owners. The Board shall havethe power to impose reasonable monetary fines not to exceed$25.00 for a violation or $25.00 per day for a continuingviolation which shall constitute a lien upon the property andto suspend an owner's right to use the common elements and tovote for violation of any duty imposed under the Declaration,these By-Laws, or any rules and regulations duly adoptedhereunder.

Section 2. Additional Restrictions. In addition toany rules and regulations adopted pursuant to Section 1 of thisArticle, the following restrictions, which were contained inthe original Declaration, are made a part of these By-Laws.

(a) Animals and Pets. No animals, livestock orpoultry of any kind shall be raised, bred or kept on any partof the Property, except that dogs, cats or other household petsmay be kept by the respective owners (in tbeir respectiveunits) prOVided that they are not kept, bred or maintained forany commercial purpose and do not endanger tbe health or, inthe sale discretion of the Board of Directors, unreasonablydisturb the owner of any unit or any reaident thereof. Hoowner shall permit a pet to be outside his unit unless the petis controlled by a leash.

(b) Signs and Business Activities. No advertisingsigns, billboards, unsightly objects, or nuisances shall beerected, placed or permitted to remain on the Propety, norshall the Property be used in any way for any purpose which mayendanger the health or unreasonably disturb the owner of ~ny

unit or ~ny re~'dent thereof. No business activities Of anykind whatever shall be conducted in any building or in anyportion of the Property.

(c) Clotheslines, Garbage Cans, Etc. All equipment,garbage cans, service yards, woodpiles and storage piles shallbe kept screened by adequate planting or fencing so as to oon­ceal them from view of neighboring units. No rUbbish, trash

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-17-&OOK 3748 PACE364

and garbage shall be allowed to accumulate on any lim~ted com­mon area, except areas specifically designated as trash enclo­sures. If no area is designated as a trash enclosure, garbageshall be kept in the garage or basement. No clotheslines shallbe permitted outside any unit.

Section 3. Procedure. The Board shall not impose afine, suspend a right to vote or infringe upon any other rightsor a member or other occupant unless and until the followingprocedure is followed.

(4) Demand. Written demand to cease and desist froman alleged violation shall be served upon the alleged violatorspecifying: (i) the alleged violation, (ii) the action requiredto abate the violation, and (iii) a time period, not less thanten (10) days, during whiCh the violation may be abated withoutfurther sanction, if such violation is a continuing one or astatement that any further violation of the same rule mayresult in the imposition of sanction after notice and hearingif the violation is not continuing.

(b) Notice. Within twelve months of such demand, ifthe violation continues past the period allowed in the demandfOr abatement without penalty, or if the same violation isrepeated, the Board shall serve the violator with writtennotice of a hearing to be held by the Board. The notice shallcontain: (i) the nature of the alleged violation; {iil the timeand place of the hearing, which time shall be not less than ten(10) days from the giving of the notice; (iii) an invitation toattend the hearing and produce any statement, evidence andwitnesses on bis Or ber behalfi and (iv) the proposed sanctionto be imposed.

(c) Hearing. The hearing shall be held in executivesession pursuant to this notice affording the member a reason-.able opportunity to be heard. Prior to the effectiveness of anysanction hereunder, proof of notice and the invitation to beheard shall be placed in the minutes of the meeting. Suchproof shall be deemed adequate if a copy of the notice togetherwith a statement of the date and manner of delivery is enteredby the officer or director who delivered such notice. Thenotice requirement shall be deemed satisfied if a violatorappears at the meeting. The minutes of the meeting shall con­tain a written statement of the results of the hearing and thesanction, if any, imposed.

Article IX

Miscellaneous

Section 1. Notices. Unless otherwise provided inthese By-Laws all notices, demands, bills, statements or other

-16-BOOK 3748 fACE365

I

-._ .. - -- .._-_.

communication~ under these By-Law~ ~hall be in writing and~hall be deemed to have been duly given if delivered per~onally

or if sent by United State~ mail, fir~t class postage prepaid:

(a) If to a unit owner, at the addre~~ which theunit owner has designated in writing and filed with theSecretary, or if no such address has been designated, a~ theaddress of the unit of ~uch owner; or

(b) If to the Association, the Board of Directors orthe Hanaging Agent, at the principal office of the Associationor the Hanaging Agent, i~ ~~y, or at such other address asshall be designated by the notice in writing to the ownerspursuant to this Section.

Section 2. Severability. The invalidity of any partof these By-Laws shall not impair or affect in any manner thevalidity, enforceability or effect of the balance of theseBy-Laws or the intent of any provi~ion thereof.

Section 3. Caption~. The caption~ herein are in­serted only as a matter of convenience and for reference, andin no way define, limit or describe the ~cope of these By-Lawsor tne intent of the provi~ion thereof.

Section~. Gender and Grammar. The use of the mas­culine gender in the~e By-~aws shall be deemed to include thefeminine gender, and· the use of the singular shall be deemed toinclude the plural whenever the context so requires.

Section 5. Fiscal Year. The fiscal year shall beset by the resolution of the Board of Directors or, if nototherwise set shall be the calendar year.

Section 6. Audit. An audit of the accounts of theAssociation shall be made annually as a coamon expense by apublic accountant, and a copy of the report shall be furnishedto each member whn requests a copy in writing. Upon writtenrequest of an institutional holder of a first mortgage, suchbolder shall be entitled to receive a copy of the annualaudited financial statement within 90 days atter the end ofeach fiscal year.

Seetin 7. Con~licts.

between the Act, the Declarationthe Declaration shall control in

In the event of conflictsand these By-Laws, the Act andthat order.

Sectinn 8. Condemnation. In the event of a takingby condemnation or by eminant domain, the provisions of Section6 of the Gerogia Condominium Act shall prevail and govern.Each institutional holder of a first mortgage shall be entitledto a written notice of any such condemnation proceed1ngs, and

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eoox 37~8 PACE366

(

nothing in th~~e coo~=~nts shall be construed to give a prior­ity to any unit owner in the distribution of proceeds to suchunit.

Section 9. Amendment. These By-Laws may be amendedat an annual or special meeting of the members by a vote oftwo-thirds (213) of the members of the Association voting inperson Or by proxy. a quorum being present. Notice of anymeeting at which an amendment will be considered shall statethat fact and the subject matter of the proposed amendment. Noamendment sh~ll become effective until it is recorded in theRecords of DeKalb County, Georgia.

Section 10. Books and Records. All members of theAssociation and any institutional holder of a first mortgageshall, upon written request, be entitled to inspect all booksand records of the Association during normal business hours atthe office of the Association Or other place designatedreasonable by the Board of Directors as the depository of suchbooks and records.

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~OOK3748 fAGE367

f

IN WITNESS WHEREOF, these undersigned signify that

these By-Laws were adopted on the 1-.1- day of P(-C~/lIW 1977.

THE WRENS CROSS~FATLANTACO~DOMINIUM Ass6cIATION, INC.BY,!r, ,!ilL

~

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Secretary

Swoen to and SUbSC~bed beforeme this ~day of kc ~ •

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BQCX 3748 PACE368