Section 1. Applicability. These Residential Bylaws provide for the self-government of 870 Inman Residential Condominium Association, Inc., in accordance with the Georgia Condominium Act, O.C.G.A. § 44-3-70, et seq., as may be amended from time to time, the Residential Articles of Incorporation filed with the Secretary of State and the Declaration of Condominium for 870 Inman Residential Condominium, recorded in the Fulton County, Georgia land records ("Residential Declaration").
Section 2. Name. The name of the corporation is 870 Inman Residential Condominium Association, Inc. ("Residential Association").
Section 3. Definitions. There terms used herein shall have their generally accepted meanings or such meanings are specified in Paragraph 2 of the Residential Declaration.
Section 4. Membership. An Owner of a Unit shall automatically become a member of the Residential Association upon taking title to the Unit and shall remain a member for the entire period of ownership. As may be more fully provided below, a member’s spouse or Domestic Partner may exercise the powers and privileges of the member. If title to a Unit is held by more than one (1) Person, the membership shall be shared in the same proportion as the title, but there shall be only one (1) membership and one (1) vote per Unit. Membership does not include Persons who hold an interest merely as security for the performance of an obligation, and the giving of a security interest shall not terminate the Owner’s membership. Membership shall be appurtenant to the Unit and shall be transferred automatically by conveyance of that Unit and may be transferred only in connection with the transfer of title. Notwithstanding anything to the contrary herein, any Mortgagee of Units owned by Residential Declarant may exercise the votes attributable to such Units owned by Residential Declarant upon delivery of written notice to the Residential Board.
Section 5. Entity Members. In the event an Owner is a corporation, limited liability company, partnership, trust, or other legal entity not being a natural person or persons, then any natural person who is an officer, directory, or other designated agent of such corporation, partnership, beneficiary or other designated agent of such trust, manager of a limited liability company or representative of such other legal entity shall be eligible to represent such entity or entities in the affairs of the Residential Association including, without limitation, serving on the Board of Directors of the Residential Association. Such person’s relationship with the Residential Association shall terminate automatically upon the termination of such person’s relationship with the entity or entities which are the Owner, and termination of the person’s relationship with the Residential Association will create a vacancy in any elected or appointed position within the Residential Association in which such person may have been serving and such vacancy will be filled in accordance with these Residential Bylaws.
Section 6. Voting. Each Unit shall be entitled to one (1) equal vote, which vote may be cast by the Owner, the Owner’s spouse or Domestic Partner, or by a lawful proxy as provided below. When more than one (1) Person owns a Unit, the vote for such Unit shall be exercised as they determine between or among themselves, but in no event shall more than one (1) vote be cast with respect to any Unit. If only one (1) co-owner attempts to cast the vote for a Unit, it shall be conclusively presumed that such co-owner is authorized on behalf of all co-owners to cast the vote for such Unit. In the event of disagreement between or among co-owners and an attempt by two (2) or more of them to cast such vote or votes, such Persons shall not be recognized and such vote or votes shall not be counted. No Owner shall be eligible to vote, either in person or by proxy, or to act as a proxy for any other member if that Owner is shown on the books or management accounts of the Residential Association to be more than thirty (30) days delinquent in any payment due the Residential Association or if the Owner has had its voting rights suspended for the infraction of any provision of the Residential Declaration, these Residential Bylaws, or any rule of the Residential Association. If the voting rights of an Owner have been suspended, that Owner shall not be counted as an eligible vote for the purposes of establishing a Majority or quorum.
Section 7. Majority. As used in these Residential Bylaws, the term "Majority" shall mean those votes, Owners, or other group as the context may indicate totaling more than fifty percent (50%) of the total number of eligible votes, Owners, or other group, respectively. Unless otherwise specifically stated, the words, "Majority vote" mean more than fifty percent (50%) of those voting in person or by proxy. Except as otherwise specifically provided in the Residential Declaration or these Residential Bylaws, all decisions shall be by Majority vote.
Section 8. Purpose. The Residential Association shall have the responsibility of administering the Condominium, establishing the means methods of collecting the contributions to the Common Expenses, arranging for the management of the Condominium and performing all of the other acts that may be required to be performed by the Residential Association pursuant to the Act, the Georgia Nonprofit Corporation Code and the Residential Declaration. Except as to those matters which the Act, the Residential Declaration or the Georgia Nonprofit Corporation Code specifically require to be performed by the vote of the Residential Association membership, the administration of the foregoing responsibilities shall be performed by the Residential Board of Directors as more particularly set fourth below.
Section 9. Electronic Documents and Electronic Signatures.
Section 1. Annual Meetings. The regular annual meeting of the members shall be held during the fourth quarter of each year with the date, hour, and place to be set by the Residential Board of Directors. No annual meeting of the Residential Association shall be set on a legal holiday.
Section 2. Special Meetings. Special meetings of the members may be called for any purpose at any time by the President or Secretary, by request of any two (2) members of the Residential Board of Directors, or upon written petition of Owners holding at least fifteen percent (15%) of the Total Residential Association Vote. Any such written petition by the members must be submitted to the Residential Association’s Secretary. The Secretary shall then verify that the required number of members have joined in the petition and shall submit all proper petitions to the Residential Association’s President. The President shall then promptly call a special meeting for the purpose stated in the petition setting the date, time and location of the meeting (which is not required to be the date, time or location requested in any petition submitted to the Residential Association), and the Secretary shall send notice of the meeting in accordance with these Residential Bylaws. Any special meeting pursuant to written petition shall be set within thirty (30) days of the date of the petition.
Section 3. Notice of Meetings. It shall be the duty of the Secretary to mail or deliver to the record Owner of each Unit or to the Units a notice of each annual or special meting of the Residential Association at least twenty-one (21) days prior to each annual meeting and at least sever (7) days prior to each special meeting. The notice shall state the purpose of any special meeting, as well as the time and place where it is to be held. The notice of an annual meeting shall state the time and place of the meeting. If any Owner wishes notice to be given at an address other than his or her Unit, the Owner shall have designated by notice in writing to the Secretary such other address. The mailing or delivering of notice of meeting in the manner provided in this Section shall be considered proper service of notice.
Section 4. Waiver of Notice. Waiver of notice of meeting of the owners shall be deemed the equivalent of proper notice. Any Owner may, in writing, waive notice of any meeting of the Owners, either before or after such meeting. Attendance at a meeting by an Owner, whether in person or represented by proxy, shall be deemed waiver by such Owner of notice of the time, date, and place thereof unless such Owner specifically objects to lack of proper notice at the time the meeting is called to order. Attendance at a special meeting shall also be deemed waiver of notice of all business transacted at such meeting unless objection to lack of notice is raised before the business, of which proper notice was not given, is put to a vote.
Section 5. Quorum. Except as may be provided elsewhere, the presence of Owners, in person or by proxy, entitled to cast one-quarter (1/4) of the Total Residential Association Vote shall constitute a quorum. Once a quorum is established for a meeting, it shall conclusively be presumed to exist until the meeting is adjourned and shall not need to be reestablished. Owners whose voting rights have been suspended pursuant to the Residential Declaration or these Residential Bylaws shall not be counted as eligible votes toward the quorum requirement.
Section 6. Adjournment. Any meeting of the Owners may be adjourned from time to time for periods not exceeding ten (10) days by vote of the Owners holding the Majority of the votes represented at such meeting, regardless of whether a quorum is present. Any business that could be transacted properly at the original session of the meeting may be transacted and a reconvened session, and no addition notice of such reconvened session shall be required.
Section 7. Proxy. Any member entitled to vote may do so by written proxy duly executed by the member setting forth the meeting at which proxy is valid. To be valid, a proxy must be signed, dated, and filed with the Secretary prior to the opening of the meeting for which it is to be used. Proxies may be delivered to the Residential Board by personal delivery, U.S. mail or facsimile transmission to any Residential Board member or the property manger. Proxies may be revoked only by written notice delivered to the Secretary, except that: (1) the presence in person by the giver of a proxy at a meeting for which the proxy is given shall automatically invalidate the proxy for that meeting; and (b) a later dated proxy shall automatically be deemed to invalidate any previously given proxy. A proxy holder may not appoint a substitute proxy holder unless expressly authorized to do so in the proxy.
Section 8. Action Taken Without a Meeting. In the Residential Board’s discretion, any action that may be taken by thew Residential Association members at any annual, regular, or special meeting may be taken without a meeting if the Residential Board delivers a written consent form or written ballot to every member entitled to vote on the matter in the manner provided in Article II, Section 8 of these Residential Bylaws.
Section 9. Order of Business. At all meetings of the Residential Association, Roberts Rules of Order (latest edition) shall govern when not in conflict with the Residential Declaration, these Residential Bylaws or the Residential Articles of Incorporation, unless the Owners present at a particular meeting vote to suspend Robert’s Rules at that meeting.
Section 1. Composition and Eligibility. The affairs of the Residential Association shall be governed by a Residential Board of Directors. Except for the directors appointed by the Residential Declarant hereunder, the directors shall be Owners or spouses or Domestic Partners of such Owners; provided, however, no Owner and his or her spouse or Domestic Partner may serve on the Residential Board at the same time, and no co-owners may serve on the Residential Board at the same time. No persons shall be eligible to be elected to or continue to serve on the Residential Board of Directors if they are shown on the books and records of the Residential Association to be more than thirty (30) days delinquent in the payment of any assessment or charge by the Residential Association. Directors shall not be eligible to serve more than three (3) consecutive two (2) year terms without first resigning from the Residential Board for a time period which shall be the lesser of: (a) one (1) year; or (b) the period of time from the end of one (1) annual meeting of the Residential Association to the beginning of the next annual meeting of the Residential Association.
Section 2. Directors Appointed by the Residential Declarant. Notwithstanding anything to the contrary herein, Residential Declarant shall have exclusive authority to appoint and remove directors and officers until the earlier of: (1) three (3) years after the recoding of the Residential Declaration, (2) the date as of which Units to which eighty percent (80%) of the undivided interests in the Residential Common Elements pertain shall have been conveyed by Residential Declarant to Owners other than a Person constituting the Residential Declarant or (3) the surrender in writing by Residential Declarant of the authority to appoint and remove officers and directors of the Residential Association.
Section 3. Number of Directors and Term of Office. During the period that the Residential Declarant Control Period, the Residential Board shall consist of three (3) persons. After termination of the Residential Declarant Control Period, the Residential Association shall call a meeting to be held at which Owners shall elect five (5) persons. If such a meeting is not the annual meeting, the directors elected shall serve until the next annual meeting. At the first annual meeting after the Residential Declarant has surrendered control of the Residential Association, three (3) of the directors shall be elected for two (3) years each and two (2) directors shall be elected for one (1) year each. At each annual meeting thereafter, a successor shall be elected to serve for a term of (2) years. The members of the Residential Board of Directors shall hold office until their respective successors shall have been elected by the Residential Association.
Section 4. Removal of Members of the Residential Board of Directors. After expiration of the Residential Declarant Control Period, at any annual or special meeting of the Residential Association duly called, any one (1) or more Residential Board members, except for directors appointed by Residential Declarant hereunder, may be removed with or without cause by a Majority of the Total Residential Association Vote to elect said director and a successor may then there be elected to fill the vacancy thus created. Further, any director who is more than thirty (30) days past due in the payment of any assessment or charge shall be automatically removed from the Residential Board of Directors, even if the director subsequently pays the amount owed, and the vacancy shall be filled as provided in Section 5 below. Any director who has had three (3) consecutive unexcused absences from regularly scheduled Residential Board meetings may be removed by vote of a Majority of the other directors. Any director whose removal has been proposed shall be given at least ten (10) days notice of the calling of the meeting to consider his or her removal and the purpose thereof and shall be given an opportunity to be heard at the meeting.
Section 5. Vacancies. Vacancies in the Residential Board caused by any reason, except the removal of a director by a Majority of the Total Residential Vote of by Residential Declarant, shall be filled by a vote of the Majority of the remaining directors, even though less than a quorum, at any meeting of the Residential Board of Directors. The successor so elected shall hold office until the next annual meeting. Notwithstanding anything to the contrary herein, any director who is an officer, director, or other designated agent of an entity member and whose position becomes vacant for any reason, may be replaced by the entity who is the Owner unless there has been a transfer of ownership of the Unit, in which case, the vacancy shall be filled by the remaining directors, even if less than a quorum, at any meeting of the directors.
Section 6. Compensation. Directors shall not be compensated for services as such unless and only to the extent that compensation is authorized by a Majority of the Total Residential Association Vote. Directors may be reimbursed for the expenses incurred in carrying out their duties as directors upon approval of such expenses by the Residential Board of Directors. Directors may also be given nominal gifts or tokens of appreciation by the Residential Association for recognition of services performed, not to exceed a value of One Hundred and No/100 Dollars ($100.00) per calendar year. For purposes hereof, reasonable food and beverages purchased for Residential Board meeting shall not be considered compensation.
Section 7. Directors Conflicts of Interest. Nothing herein shall prohibit a director from entering into a contract and being compensated for services or supplies furnished to the Residential Association in a capacity other than as director, provided that the director’s interest is disclosed to the Residential Board and the contract is approved by a Majority of the directors who are at a meeting of the Residential Board of Directors at which quorum is present, excluding the director with whom the contract is made. The interested director shall not count for purposes of establishing a quorum of the Residential Board. The interested director shall be entitled to be present at any meeting at which the proposed contract is discussed but shall not be entitled to discuss the proposed contract during the discussion Notwithstanding anything herein, the directors, during the period of the Residential Declarant control, shall be authorized on behalf of the Residential Association to enter into contracts with the Residential Declarant and its affiliates as set forth in Paragraph 19(h) of the Residential Declaration.
Section 8. Nomination. Nomination for election to the Residential Board shall be made from the floor at the meeting. The Residential Board also may appoint a nominating committee to make nominations prior to the meeting.
Section 9. Elections. All members of the Residential Association eligible to vote shall be entitled to cast their entire vote for each directorship to be filled. There shall be no cumulative voting. The directorships for which elections are held shall be filled by that number of candidates receiving the most votes. Voting for election of Residential Board members hall be by written ballot (unless dispensed by unanimous consent at such meeting at which such voting is conducted).
Section 1. Regular Meetings. Regular meetings of the Residential Board may be held at such time and place as shall be determined from time to time by the Residential Board, but such meetings shall be held at least once every six (6) months. The newly elected Residential Board shall meet within ten (10) days after each annual meeting of the membership. Notwithstanding the foregoing, during the Residential Declarant Control Period, the Residential Board shall not be required to hold regular meetings.
Section 2. Special Meetings. Special meetings of the Residential Board may be called by the President on ten (10) days notice to each director given by regular first class or electronic mail, in person, by telephone, or by facsimile transmission, which notice shall state the time, place, and purpose of the meeting.
Special meetings of the Residential Board shall be called by the President, Vice President, Secretary, or Treasurer in like manner and on like notice on the written request of at least two (2) directors.
Section 3. Waiver of Notice. Any director may, at any time, in writing, waive notice of any meeting of the Residential Board, and such waiver shall be deemed equivalent to the giving of such notice. Attendance by a director at any meeting of the Residential Board shall also constitute a waiver of notice by him or her of the time and place of such meeting. If all directors are present at any Residential Board meeting, no notice shall be required and any business may be transacted at such meeting.
Section 4. Conduct of Meetings. The President shall preside over all meetings of the Residential Board of Directors and the Secretary shall keep a minute book recording therein all resolutions adopted by the Residential Board of Directors and a record of all transactions and proceedings occurring at such meetings. A Majority of directors shall constitute a quorum for the transaction of business. One (1) or more directors who participate in a meeting by means of telephone or electronic communication shall be deemed present and in attendance for all purposes at such meeting, provided all persons participating in the meeting can hear each other.
Section 5. Open Meetings. Residential Board meetings need not be open to all members. However, if the Residential Board permits members to attend Residential Board meetings, then members other than directors may not participate in any discussion or deliberation unless expressly authorized by the Residential Board. Notwithstanding the above, the Residential Board may adjourn a meeting and reconvene in executive session to discuss and vote upon personnel matters, litigation in which the Residential Association is or may become involved, and orders of business of a similar nature. The nature of any and all business to be considered in executive session shall first be announced in open session. The Residential Board may order the removal of any meeting guest, who, in the Residential Board’s opinion, either disrupts the conduct of business at the meeting or fails to leave the meeting upon request after an announcement of reconvening executive session.
Section 6. Action Without a Meeting. Any action by the Residential Board required or permitted to be taken at any meeting may be taken without a meeting if a Majority of directors consent to such action in writing, sent via hand delivery, regular first class or electronic mail or facsimile. Such consents must describe the action taken and be signed by no fewer than a Majority of the directors and such consents shall be filed with the minutes of the Residential Board of Directors.
Section 1. Powers and Duties. The Residential Board of Directors shall manage the affairs of the Residential Association and shall have all the powers and duties necessary for the administration of the Condominium and may do all such acts and things as are not by the Act, the Residential Declaration, the Residential Articles of Incorporation, or these Residential Bylaws directed to be done and exercised exclusively by the members. In addition to the duties imposed by these Residential Bylaws or by any resolution of the Residential Association that may hereafter be adopted, the Residential Board of Directors shall have the power to and shall be responsible for the following, in the way of explanation, but not limitation:
Section 2. Management Agent. The Residential Association may, but shall not be required to, hire a professional management agent or agents, at a compensation established by the Residential Board, to perform such duties and services as the Residential Board of Directors shall authorize. The Residential Board shall use reasonable efforts in any management contract to provide for termination of such contract by the Residential Association with or without cause and without penalty, upon no more than thirty (30) days written notice. No management contract shall have a term in excess of one (1) year.
Section 3. Borrowing. Except as may be set forth in Paragraph 18 of the Residential Declaration, the Residential Board of Directors shall have the power to borrow money for the purpose of maintenance, repair, restoration, or improvement of the Residential Common Elements and facilities, and for other purposes, with the approval of a Majority of the Total Residential Association Vote.
Section 4. Liability and Indemnification of Officers, Directors, and Committee Members. The Residential Association shall indemnify every officer, director, and committee member (including directors, officers, and committee member (including directors, officers, and committee members appointed by the Residential Declarant during the Residential Declarant Control Period) against any and all expenses, including attorney’s fees, reasonably incurred by or imposed upon such officer, director, or committee member in connection with any action, suit, or other proceeding (including settlement of any such action, suit, or proceeding, if approved by the then Residential Board of Directors) to which he or she may be made a party by reason of being or having been an officer, director or committee member, whether or not such person is an officer, director or committee member at such time such expenses are incurred subject to the limitations below. The officers, directors and committee members shall not be liable for any mistake of judgement, negligent or otherwise, or for injury or damage caused by any such officer, director, officer or committee member in the performance of his or her duties, except for his or her own willful misfeasance or malfeasance. The Residential Association, in determining whether to indemnify a director, officer, or committee member, shall not impute knowledge to said director, officer or committee member from any source whatsoever; rather, any such determination shall be based on the actual knowledge of the director, officer or committee member. The officers, directors and committee members shall have no personal liability with respect to any contract or other commitment made by them, in good faith, on behalf of the Residential Association (except to the extent that such officers, directors, and committee members may also be members of the Residential Association), and the Residential Association shall indemnify and forever hold each such officer, director or committee member free hand harmless against any and all liability to others on account of any such contract or commitment. Any right to indemnification provided for herein shall not be exclusive of any other rights to which any officer, director or committee member or former officer or director may be entitled. The Residential Association shall maintain, as a Common Expenses, adequate general liability and, if obtainable, officers’ and directors’ liability insurance to fund this obligation, and the insurance shall be written as provided in the Residential Declaration.
Section 1. Committees. There shall be such committees as the Residential Board shall determine with the powers and duties that the Residential Board shall authorize.
Section 2. Service on Committees. Unless otherwise provided in these Residential Bylaws or in the resolution authorizing a particular committee, the members of any committee shall be appointed by the President and shall serve at the pleasure of the Residential Board of Directors. Any committee member may be removed by the Residential Board of Directors with or without cause at any time and with or without a successor being named.
Section 1. Designation. The principal officers of the Residential Association shall be the President, the Secretary, and the Treasurer, all of any which may be the same person. A Vice President may be elected at the discretion of the Residential Board.
Section 2. Election of Officers. The Residential Association officers shall be elected annually by the Residential Board at the first Residential Board meeting following each annual meeting of the members and shall hold office at the pleasure of the Residential Board and until a successor is elected.
Section 3. Removal of Officers. Upon the affirmative vote of a Majority of the members of the Residential Board, any officer may be removed, either with or without cause, and a successor may be elected.
Section 4. Vacancies. A vacancy in any office arising because of death, resignation, removal, or otherwise may be filled by the Residential Board for the unexpired portion of the term.
Section 5. President. The President shall be the chief executive officer of the Residential Association and shall preside at all meetings of the members and of the Residential Board. The President shall have all the general powers and duties which are incident to the office of the president of a corporation organized under the Georgia Nonprofit Corporation Code, including, but not limited to, the power to appoint committees from among the members from time to time as he or she may in his or her discretion decide is appropriate to assist in the conduct of the affairs of the Residential Association.
Section 6. Vice President. The Vice President, if any, shall act in the President’s absence and shall have all powers, duties, and responsibilities provided for the President when so acting.
Section 7. Secretary. The Secretary shall keep the minutes of all meetings of the members and of the Residential Board of Directors and shall have charge of such books and papers as the Residential Board of Directors may direct, and shall, in general, perform all duties incident to the office of the secretary of a corporation organized under Georgia law.
Section 8. Treasurer. The Treasurer shall have the responsibility for the Residential Association’s funds and securities and shall be responsible for keeping full and accurate financial records and books of account showing all receipts and disbursements, for preparing all required financial statements and tax returns, and for the depository of all monies and other valuable effects in the name of the Residential Association or the managing agent in such depositories as may from time to time be designated by the Residential Board of Directors. The Treasurer shall be responsible for the preparation of the budget as provided in the Residential Declaration. The Treasurer may delegate all or a part of the preparation and notification duties associated with the above responsibilities to a management agent.
Section 9. Other Officers. Other officers may be created by the Residential Board, and the Residential Board members that hold such offices shall have such titles and duties as are defined buy the Residential Board.
Section 10. Agreements, Contracts, Deeds, Leases, Etc. Except during the Residential Declarant Control Period, all agreements, contracts, deeds, leases, checks, promissory notes, and other instruments of the Residential Association shall be executed by at least two (2) officers or by such other person or persons as may be designated by resolution of the Residential Board of Directors. During the Residential Declarant Control Period, all agreements, contracts, deeds, leases, checks, promissory notes, and other instruments of the Residential Association shall be executed by at least one (1) officer or by such person or persons as may designated by resolution of the Residential Board of Directors.
Section 1. Authority and Enforcement. The Condominium shall be used only for those uses and purposes set out in the Residential Declaration. The Residential Board of Directors shall have the authority to make, modify, repeal, and enforce reasonable rules and regulations governing the conduct, use, and enjoyment of Units and the Residential Common Elements; provided, copies of all such rules and regulations shall be furnished to all Owners and Occupants. Any rule or regulation may be repealed by the affirmative vote or written consent of a Majority of the Total Residential Association Vote and the consent of the Residential Declarant during the Residential Declarant Control Period, at an annual or special meeting of the membership. Every Owner or Occupant shall comply with the Residential Declaration. Residential Bylaws and rules and regulations of the Residential Association, and any lack of compliance therewith shall entitle the Residential Association and, in an appropriate case, one (1) or more aggrieved Owners, to take action to enforce the terms of the Residential Declaration, Residential Bylaws or rules and regulations.
The Residential Board shall have the power to impose reasonable fines, which shall constitute a lien upon the Owner’s Unit, and to suspend the Owner’s right to vote or to use the Residential Common Elements for violation of any duty imposed under the Residential Declaration, these Residential Bylaws, or any rules and regulations duly adopted hereunder; provided, however, nothing herein shall authorize the Residential Association or the Residential Board to limit ingress and egress to or from a Unit. In the even that any Occupant of a Unit violates the Residential Declaration, Residential Bylaws, or a rule or regulation and a fine is imposed, notice of such violation shall be sent to the Owner and Occupant, and the fine shall first be assessed against such occupant; provided, however, if the fine is not paid by the Occupant within time period set by the Residential Board, the Owner shall pay the fine upon notice from the Residential Association, and the fine shall be an assessment and a lien against the Unit until paid. The failure of the Residential Board to enforce any provision of the Residential Declaration, Residential Bylaws, or any rule or regulation shall not be deemed a waiver of the right of the Residential Board to do so thereafter.
Section 2. Fining and Suspension Procedure. The Residential Board shall not impose a fine, suspend the right to vote or suspend the right to use the Residential Common Elements (provided, however, if an Owner is shown on the books or management accounts of the Residential Association to be more than thirty (30) days delinquent in any payment due the Residential Association, suspension of the right to vote and the right to use the Residential Common Elements shall be automatic; provided further, however, suspension of common utility services shall require compliance with provisions of Paragraph 10(c)(v) of the Residential Declaration, where applicable), unless and until the Residential Association has sent or delivered written notice to the violator as provided in subsection (a) below. Any such fine or fined may be effective or commence upon the sending of such notice or such later date as may be set forth in such notice, notwithstanding the violator’s right to request a hearing before the Residential Board to challenge such fine under subsection (b) below.
Section 3. Additional Enforcement Rights. Notwithstanding anything to the contrary herein contained, the Residential Board may elect to enforce any provision of the Residential Declaration, the Residential Bylaws, or the rules and regulations by self-help (specifically including, but not limited to, towing of vehicles that are in violation of the parking rules and regulations or performing maintenance on any Unit upon a failure by the Owner to do so) or by suit at law or in equity to enjoin any violation or to recover monetary damages or both without the necessity for compliance with the procedure set forth in the Section 2 of this Article. In any such action, to the maximum extent permissible, the Owner or Occupant responsible for the violation for which abatement is sought shall pay all costs, including reasonable attorney’s fees actually incurred.
The Residential Association or its duly authorized agent shall have the power to enter a Unit or upon any portion of the Residential Common Elements to abate or remove, using such force as may be reasonably necessary, any structure, thing or condition which violates the Residential Declaration, the Residential Bylaws, or the rules and regulations; provided, however, written notice shall be given to the Owner of the Unit at least ten (1) days prior to the time that any items of construction are altered or demolished. All costs of self-help, including reasonable attorney’s fees, shall be assessed against the violating Owner and shall be collected as provided herein for the collection of assessments.
Section 1. Notices.
Section 2. Severability. The invalidity of any part of these Residential Bylaws shall not impair or affect in any manner the validity, enforceability, or effect of the balance of these Residential Bylaws or the Residential Declaration.
Section 3. Captions. The captions herein are inserted only as a matter of convenience and for reference and in no way to define, limit, or describe the scope of these Residential Bylaws or the intent of any provision thereof.
Section 4. Gender and Grammar. The use of the masculine gender in these Residential Bylaws shall be deemed to include the feminine gender, and the use of the singular shall be deemed to include the plural whenever the context so requires.
Section 5. Fiscal Year. The fiscal year of the Residential Association may be set by the Residential Board resolution, and in the absence thereof, shall be the calendar year.
Section 6. Financial Review. A financial review of the accounts of the Residential Association shall be audited and a financial statement prepared as a Common Expense by and independent accountant after the close of each fiscal year; provided, however, such audited statement for the Residential Association’s preceding fiscal year is required only if the Condominium has been established for a full fiscal year. Such audited statement shall be made available to the holder, insurer, or guarantor of any first Mortgage on a Unit upon submission of a written request and must be available within one hundred twenty (120) days of the Residential Association’s fiscal year end.
Section 7. Conflicts. The duties and powers of the Residential Association shall be those set forth in the Georgia Condominium Act, the Georgia Nonprofit Corporation Code, the Residential Declaration, these Residential Bylaws, and the Residential Articles of Incorporation, together with those reasonably implied to affect the purposes of the Residential Association; provided, however, that if there are conflicts or inconsistencies between the Act, the Georgia Nonprofit Corporation Code, the Residential Declaration, these Residential Bylaws, or the Residential Articles of Incorporation, then the provisions of the Act, the Georgia Nonprofit Corporation Code, as may be applicable, the Residential Declaration, the Residential Articles of Incorporation and these Residential Bylaws, in that order, shall prevail, and each Owner or a Unit, by acceptance of a deed or other conveyance therefor, covenants to vote in favor of such amendments as will remove such conflicts or inconsistencies.
Section 8. Amendment. Except where a higher vote is required for action under a particular provision of the Residential Declaration or Residential Bylaws, in which case such higher vote shall be necessary to amend, these Residential Bylaws may be amended by the affirmative vote, written consent, or any combination of affirmative vote and written consent of the members holding two-thirds (2/3) of the Total Residential Association Vote. Notwithstanding the foregoing, any amendment to the Residential Bylaws shall require written consent of the Residential Declarant until the later of the following: (a) the date upon which the Residential Declarant no longer owns any Residential Unit at 870 Inman Residential, A Condominium; or (b) ten (10) years after the date on which the Residential Declaration is recorded in the Fulton County, Georgia land records. Moreover, no amendment shall become effective until it is certified by the President and Secretary of the Residential Association and recorded in the Fulton County, Georgia land records. Any amendment duly certified and recorded shall conclusively presumed to have been duly adopted in accordance with the Residential Declaration and Residential Bylaws. Owners whose voting rights have been suspended pursuant to the Residential Declaration or these Residential Bylaws shall not be counted as eligible votes toward the amendment requirement.
Any action to challenge the validity of an amendment adopted under this Section must be brought within one (1) year of the amendment’s effective date. No action to challenge any such amendment may be brought after such time.
Notwithstanding the foregoing, Residential Declarant or the Residential Board of Directors, without the necessity of a vote from the Owners, may amend these Residential Bylaws to correct any scriveners errors, comply with any applicable state, city or federal law, and/or bring the Condominium into compliance with applicable rules and regulations of the Federal National Mortgage Association ("Fannie Mae"), the Department of Housing and Urban Development ("HUD") and the Department of Veterans Affairs ("VA") pursuant to federal law.
Section 9. Books and Records.
The Residential Association may impose a reasonable charge, covering the cost of labor and material, for copies of any documents provided to the Member.
Notwithstanding anything to the contrary, the Residential Board may limit or preclude member inspection of confidential or privileged documents, including attorney/client privileged communications, executive session meeting minutes, and financial records or accounts of other members. Minutes for any Residential Board or Residential Association meetings do not become effective and an official Residential Association record until approved by the Residential Board or Residential Association membership, as applicable, at subsequent meeting.
© 2007 Weissman, Nowack, Curry & Wilco, P.C. All rights reserved. These bylaws may be used only in connection with the property at 870 Inman Residential. A condominium and the operation of the 870 Inman Residential Association, Inc.