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This Declaration may be used only in connection with the property at 870 Inman Residential Condominium and the operation of the 870 Inman Residential Association, Inc.THIS DECLARATION is made on the date set forth below by IP Lofts Partners, LP, a Georgia limited partnership (hereinafter referred to as "Residential Declarant");

WITNESSETH

WHEREAS, Residential Declarant is the owner of the real property that is located in Fulton County, Georgia and is described in Exhibit "A" attached hereto and incorporated herein by this reference;

WHEREAS, the property being submitted to condominium form of ownership pursuant to this Residential Declaration is a portion of the property identified as the Residential Component of 870 Inman Master Condominium and all limited common elements assigned to said Residential Component, as more specifically set forth in that certain Declaration of Condominium for 870 Inman Master Condominium dated _______________, 200_, and recorded in Deed Book __________, Page ________, et seq., Fulton County, Georgia records (hereinafter referred to as the "Master Declaration");

WHEREAS, the Residential Component is being subdivided in accordance with Section 13.3.2 of the Master Declaration by filing an independent declaration of condominium for the Residential Component;

WHEREAS, a plat of survey related to the Condominium prepared by _____________________ dated ______________ and last amended on ___________________, was filed in Condominium Plat Book __________, Page(s) _________, Fulton County, Georgia Records; and

WHEREAS, floor plans relating to the Condominium prepared by Brown Doane Architects, Inc., were filed in Condominium Floor Plan Book ___________, Page(s) _________, of the Fulton County, Georgia Records; and

WHEREAS, Residential Declarant desires to subject the real property described in Exhibit "A" hereto, including the improvements thereof, to the provisions of this Declaration and to the Georgia Condominium Act; and

NOW, THEREFORE, Residential Declarant hereby declares that the real property described in Exhibit "A" of this Declaration, including the improvements located thereon, is hereby submitted and made subject to the form of ownership set forth in the Georgia Condominium Act, and is hereby subjected to the provisions of this Declaration. By virtue of the recording of this Declaration, said property shall be held, sold, transferred, conveyed, used, occupied, and mortgaged or otherwise encumbered subject to provisions of the Georgia Condominium Act and the covenants, conditions, restrictions, easements, assessments, and liens set forth in this Declaration, which are for the purpose of protecting the value and desirability of, and which shall run with the title to, the real property subject to this Declaration, and shall be binding on all Persons having any right, title or interest in all or any portion of the real property subject to this Declaration, their respective heirs, legal representatives, successors, successors-in-title and assigns, and shall be for the benefit of all owners of the property subject to this Declaration.

1. Name.

The name of the condominium is 870 Inman Residential Condominium (hereinafter sometimes called "870 Inman Residential" or the "Residential Condominium," as further defined herein), which condominium is hereby submitted by Residential Declarant to the Georgia Condominium Act, O.C.G.A. § 44-3-70, et seq., as such Act may be amended from time to time.

2. Definitions.

Generally, terms used in this Residential Declaration, the Residential Bylaws, and the Residential Articles of Incorporation shall have their normal, generally accepted meanings or the meanings given in the Act or the Georgia Nonprofit Corporation Code. Unless the context otherwise requires, certain terms used in this Residential Declaration, the Residential Bylaws and the Residential Articles of Incorporation shall be defined as follows:

  1. Act shall mean the Georgia Condominium Act, O.C.G.A. § 44-3-70, et seq., as such Act may be amended from time to time.
  2. Alta at Inman Park Declaration shall mean that certain Master Declaration of Protective Covenants, Conditions, Restrictions, and Easements for Alta at Inman Park recorded in Deed Book 34831, Page 233, et seq., of the Fulton County, Georgia records, as amended by that certain Amendment to the Master Declaration of Protective Covenants, Conditions, Restrictions, and Easements for Alta at Inman Park recorded in Deed Book 385292, Page 288, et seq., of the Fulton County, Georgia records, as amended by that certain Second Amendment to Master Declaration of Protective Covenants, Conditions, Restrictions, and Easements for Alta at Inman Park recorded in Deed Book 39773, Page 121, et seq., of the Fulton County, Georgia records, as amended by that certain Corrective Amendment to Master Declaration of Protective Covenants, Conditions, Restrictions, and Easements for Alta at Inman Park recorded in Deed Book 41566, Page 2, et seq., of the Fulton County, Georgia records, and as may be further amended.
  3. Area of Common Responsibility shall mean and refer to the Residential Common Elements, together with those areas, if any, which by the terms of this Residential Declaration or by contract or agreement with any other Person become the responsibility of the Residential Association.
  4. Assessment Exemption Period shall have the meaning set forth in subparagraph 10(j) of this Residential Declaration.
  5. Building shall have the same meaning set forth in Section 2 of the Master Declaration.
  6. Commercial Unit(s) shall mean a Unit shown on the Floor Plans as a "Commercial Unit" or "CU" (which may be followed by a number to distinguish one (1) Commercial Unit from another) and identified as a "Commercial" Unit on Exhibit "B" attached hereto and incorporated herein, which may be used for business or commercial uses as set forth more particularly in Paragraph 14 of this Declaration.
  7. Component shall have the same meaning as set forth in Section 2 of the Master Declaration.
  8. Domestic Partner shall mean any adult who cohabitates with an Owner and who has been designated as the Owner's Domestic Partner in a written statement, signed by the Owner and filed with the Residential Association's Secretary. A Person shall no longer be a Domestic Partner upon the Secretary's receipt of a written termination notice, signed by either the Owner or the Domestic Partner.
  9. Electronic Document shall have the same meaning set forth in Section 2 of the Master Declaration.
  10. Electronic Signature shall have the same meaning set forth in Section 2 of the Master Declaration.
  11. Eligible Mortgage Holder shall mean those holders of first Mortgages secured by Units in the Residential Condominium who have requested notice of certain items as set forth in this Residential Declaration.
  12. Life-safety Systems shall have the same meaning set forth in Section 2 of the Master Declaration.
  13. Live/Work Unit(s) shall mean a Unit identified as a "Live/Work" Unit on Exhibit "B" attached hereto and incorporated herein, which may be used for residential and commercial uses as set forth more particularly in Paragraph 14 of this Declaration
  14. Majority shall have the same meaning set forth in Section 2 of the Master Declaration.
  15. Master Architectural Control Committee or MACC shall have the same meaning set forth in Section 2 of the Master Declaration.
  16. Master Association shall have the same meaning set forth in Section 2 of the Master Declaration.
  17. Master Board or Master Board of Directors shall mean the board of directors of the Master Association which shall be responsible for the management and operation of the Master Association.
  18. Master Bylaws shall have the same meaning set forth in Section 2 of the Master Declaration.
  19. Master Condominium shall have the same meaning set forth in Section 2 of the Master Declaration.
  20. Master Condominium Property shall have the same meaning set forth in Section 2 of the Master Declaration.
  21. Master Declaration shall mean that certain Declaration of Condominium for 870 Inman Master Condominium dated ________, 200_, and recorded in Deed Book _______, Page _____, et seq., Fulton County, Georgia records, as amended or as may be amended.
  22. Master Floor Plans shall have the same meaning set forth in Section 2 of the Master Declaration.
  23. Master Common Element shall have the same meaning set forth in Section 2 of the Master Declaration.
  24. Master Limited Common Element shall have the same meaning set forth in Section 2 of the Master Declaration.
  25. Master Survey shall have the same meaning set forth in Section 2 of the Master Declaration.
  26. Mortgage shall refer to any mortgage, deed to secure debt, deed of trust, or other transfer or conveyance for the purpose of securing the performance of an obligation including, but not limited to, a transfer or conveyance of fee title for such purpose.
  27. Mortgagee or Mortgage Holder shall mean the holder of any Mortgage.
  28. Occupant shall mean any Person: (i) staying overnight in a Live/Work Unit or Residential Unit for a total of more than thirty (30) days, either consecutive or nonconsecutive, in any one (1) year, period regardless of whether such Person is a tenant or the Owner of such Unit; or (ii) regularly occupying a Commercial Unit for commercial or business purposes as an owner or employer of such business.
  29. Official Records shall mean the official land records of the Clerk of the Superior Court of Fulton County, Georgia.
  30. Owner shall mean the record titleholder of a Unit within the Residential Condominium, but shall not include a Person who is only a Mortgage Holder.
  31. Person shall have the same meaning set forth in Section 2 of the Master Declaration.
  32. Residential Articles or Residential Articles of Incorporation shall mean the Articles of Incorporation of 870 Inman Residential Condominium Association, Inc., which have been filed with the Secretary of State of the State of Georgia.
  33. Residential Association shall have the same meaning set forth in Section 2 of the Master Declaration.
  34. Residential Board or Residential Board of Directors shall mean the board of directors of the Residential Association, which shall be the body responsible for management and operation of the Residential Association.
  35. Residential Bylaws shall mean the Bylaws of 870 Inman Residential Condominium Association, Inc., attached to this Residential Declaration as Exhibit "F' and incorporated herein by this reference.
  36. Residential Common Elements shall mean those portions of the property subject to this Residential Declaration, which are not included within the boundaries of a Unit, as more particularly described in this Residential Declaration.
  37. Residential Common Expenses shall mean the expenses incurred or anticipated to be incurred and paid by the Residential Association for the general benefit of the Residential Condominium including, but not limited to, those expenses incurred for maintaining, repairing, replacing. and operating the Residential Common Elements, the cost of any master television or telecommunications system obtained pursuant to a bulk contract (if any), and as required under the and Master Declaration.
  38. Residential Component shall have the same meaning as set forth in Section 2 of the Master Declaration.
  39. Residential Condominium shall mean: (i) all that property described in Exhibit "A" attached hereto and incorporated herein by this reference, submitted to the provisions of the Act by this Residential Declaration; and (ii) those portions of the Master Condominium that are assigned to the Residential Component as a Master Limited Common Element in Section 6 of the Master Declaration.
  40. Residential Condominium Instruments shall mean this Residential Declaration and all exhibits to this Residential Declaration, including the Bylaws of the Residential Association, and the Residential Survey and Residential Floor Plans, the Master Declaration and all exhibits to the Master Declaration, including the Bylaws of the Master Association, and the Master Survey and Master Floor Plans. all of such documents which may be supplemented or amended from time to time.
  41. Residential Declarant shall mean IP Lofts Partners, LP, a Georgia limited partnership, its respective successors-in-title and assigns and any other Person as further set forth in Section 44-3-71(13) of the Act, provided that such successors and/or assignee are designated in writing by Residential Declarant as its successor-in-title and/or assign of the rights of Residential Declarant set forth herein. The expiration of the Residential Declarant Control Period shall not terminate or alter the status of the above­ referenced entity and its successor-in-title and/or assign, as Residential Declarant hereunder or divest it of other rights specifically reserved to Residential Declarant herein.
  42. Residential Declarant Control Period shall mean the period of time during which the Residential Declarant is authorized to appoint and remove the members of the Residential Board of Directors as provided in Article III, Part A, Section 2 of the Bylaws.
  43. Residential Floor Plans shall have the meaning as set forth in Section 2 of the Master Declaration.
  44. Residential Limited Common Elements shall mean a portion of the Residential Common Elements reserved for the exclusive use of those Persons entitled to occupy one (1) or more, but less than all, Units, as more particularly set forth in this Residential Declaration. The Residential Limited Common Elements are all Master Limited Common Elements assigned to the Residential Component, as described in Section 6 of the Master Declaration
  45. Residential Survey shall mean the plat of survey for 870 Inman Residential Condominium, filed in the condominium plat book of the Official Records.
  46. Residential Unit shall mean all Units except for any Commercial Unit or Live/Work Unit as defined above.
  47. Secure Electronic Signature shall have the same meaning set forth in Section 2 of the Master Declaration.
  48. Total Residential Association Vote shall mean all of the eligible votes attributed to members of the Residential Association (including votes attributable to Residential Declarant), and the consent of Residential Declarant for so long as Residential Declarant owns a Unit primarily for the purpose of sale.
  49. Unit shall mean that portion of the Residential Condominium intended for individual ownership and use as more particularly described in this Residential Declaration and shall include the undivided ownership in the Residential Common Elements assigned to the Unit by this Residential Declaration.

3. Location, Property Description, Plats and Plans.

The Condominium subject to this Residential Declaration and the Act is located in Land Lot 19 of the 14th District of Fulton County, Georgia, being more particularly described in Exhibit "A" attached to this Residential Declaration, which exhibit is specifically incorporated herein by this reference. The Residential Survey and Residential Floor Plans relating to the Residential Condominium will be filed in the Official Records at the time the Residential Condominium property is submitted to this Residential Declaration. The Residential Survey and Residential Floor Plans are incorporated herein by reference as fully as if the same were set forth in their entirety herein.

So long as Residential Declarant owns a Unit, Residential Declarant reserves the right, but shall have no obligation, to make improvements and changes to all or part of the Residential Common Elements and the Units owned by Residential Declarant (other than changes to the location of Unit boundaries unless expressly permitted herein), including, without limitation: the addition, removal, and realignment of parking spaces; the addition, removal, and reconfiguration of storage spaces; the renovation and installation of changes to utility systems and facilities; the rearrangement and installation of security and refuse facilities; work relating to building exteriors; and extension of the drives and utility lines and pipes located on the Residential Condominium. Residential Declarant shall only make such improvements or changes in the event such improvement or change is reasonably necessary: to comply with an interpretation or application of applicable governmental laws, statutes, ordinances, or regulations; for life-safety purposes; to install improvements requested by an n Owner or potential Owner; or to preserve the structural integrity of the Building.

4. Units and Boundaries.

The Residential Condominium will be divided into one hundred and nine (109) separate Units and Residential Common Elements, some of which will be assigned as Residential Limited Common Elements. Each Unit consists of a dwelling and/or commercial space and its appurtenant percentage of undivided interest in the Residential Common Elements. Each Unit shall be conveyed as a separately designated and legally described freehold estate subject to the Act and the Residential Condominium Instruments. The Units are depicted on the Residential Survey and the Residential Floor Plans, and a list of the Units is attached hereto as Exhibit"B" and incorporated herein by this reference. Each Unit includes that part of the structure, which lies within the following boundaries:

  1. Vertical Boundaries. The perimetrical or vertical boundaries of each Unit shall be the vertical planes formed by the outermost surface of the studs in the walls separating the Unit from the exterior wall of the Residential Condominium building and the walls separating the Unit from the hallway of the floor on which the Unit is located in the Residential Condominium building. With respect to common walls between the Units, the perimetrical or vertical boundary of the Units served thereby shall be the centerline of such wall. The vertical boundaries include the wallboard or other material comprising the wall of the Unit.
  2. Horizontal Boundaries. The upper horizontal boundary of the Units is the centerline of the concrete slab between the ceiling of such Unit and the flooring of the Unit or other improved space above it, provided, however, if the Unit is on the top floor of the Building, the upper horizontal boundary of such Unit is the centerline of the concrete slab between the ceiling of such Unit and the roof of the Building. The lower horizontal boundary of each Unit is the centerline of the concrete slab between the flooring of the Unit and the ceiling of the Unit or other improved space below it. Notwithstanding anything to the contrary herein, the lower horizontal boundary of Commercial Unit 1 , Unit 1 0 1 , and Unit 1 02 is the upper surface of the concrete subflooring on which such Units are constructed, with the flooring, if any, constituting part of the Unit and the concrete subflooring and building foundation not constituting part of the Unit.
  3. Additional Information to Interpret Unit Boundaries.
    1. Entry doors (except glass doors) serving the Unit shall be included within the boundaries of the Unit.
    2. Any heating and air-conditioning systems, including all duct work for such heating and air conditioning systems, exclusively serving a Unit, including any part of any such systems located outside or inside the boundaries of the Unit as described in subparagraph 4(a) or 4(b) above shall be deemed part of the Unit so served.
    3. If any chutes, flues, ducts, conduits, wires, pipes or other apparatus lies within or outside the designated boundaries of the Unit as described in subparagraphs 4(a) and 4(b) above, any portion thereof which serves only that Unit shall be deemed to be part of such Unit. Any chutes, flues, ducts, conduits, wires, pipes or other apparatus, irrespective of whether they lie within or outside of the designated boundaries of a Unit, as described in subparagraphs 4(a) and 4(b) above, which serve more than one (1) Unit or any portion of the Residential Common Elements shall be deemed Residential Common Elements.
    4. In interpreting deeds and Residential Floor Plans, the existing physical boundaries of a Unit as originally constructed or of a Unit reconstructed in substantial accordance with the original Residential Floor Plans thereof shall be conclusively presumed to be its boundaries rather than the metes and bounds expressed in any deed or Residential Floor Plan, regardless of settling or lateral movement of the Building in which the Unit was located, and regardless of minor variance between the boundaries shown on the Residential Floor Plans or in a deed and those of the Unit.
    5. The ownership of each Unit shall include, and there shall pass with each Unit, whether or not separately described in the conveyance thereof, that percentage of the right, title and interest in the Residential Common Elements attributable to such Unit, together with membership in the Residential Association and an undivided interest in the funds and assets held by the Residential Association.

Residential Common Elements.

  1. The Residential Common Elements consist of all portions of the Residential Condominium not located within the boundaries of a Unit, and all Master Limited Common Elements assigned to the Residential Component as more specifically set forth in Section 6 of the Master Declaration and incorporated herein by this reference. The Common Elements shall include, without limitation: club room, fitness center, lobby, trash compactor, trash chute, loading dock, parking deck, storage rooms, swimming pool, pool deck, corridors, elevators, elevator equipment room, pump room, cabana, stairwells, elevator lobby, limited access entry system, and all lighting in any Residential Common Elements.
  2. Ownership of the Residential Common Elements shall be by the Owners as tenants-in- common. The percentage of undivided interest in and to the Residential Common Elements attributable to each Unit is set forth in Exhibit "B" attached hereto and incorporated herein by this reference. Such percentages of undivided interest may be altered only by the consent of all Owners and Mortgagees (or such lesser number of Owners and Mortgagees as may hereafter be prescribed by the Act) expressed in a duly recorded amendment to this Residential Declaration.
  3. The Residential Common Elements shall remain undivided, and no Owner or any other Person shall bring any action for partition or division of the whole or any part thereof except as provided in the Act. Except as provided for Residential Limited Common Elements or as otherwise provided herein, each Owner and the Residential Association may use the Residential Common Elements for the purposes for which they are intended, but no such use shall enter or encroach upon the lawful rights of the other Owners.

Limited Common Elements.

  1. As more particularly described in this Paragraph 6, certain Residential Common Elements serving less than all the Units are assigned as Residential Limited Common Elements to Units so served. The Residential Limited Common Elements located on the Residential Condominium and the Unites) to which they are assigned are:
    1. Hallways and corridors serving more than one (1) but less than all Units, as shown on the Floor Plans, are assigned as Residential Limited Common Elements to the Units that they serve.
    2. The portion of the Residential Common Elements on which there is located any portion of the air conditioning or heating system exclusively serving a particular Unit or Units is assigned as a Residential Limited Common Element to the Unit or Units so served.
    3. Any utility meter which serves only one (1) Unit is assigned as a Residential Limited Common Element to the Unit so served.
    4. Any balcony or patio (excluding the patio wall) attached to and serving a Unit, as shown on the Residential Floor Plans, is assigned as a Residential Limited Common Element to the Unit so served.
    5. Certain parking spaces shall be assigned to the Units, which parking spaces are assigned in Exhibit "C" attached hereto and incorporated herein by this reference and shown on the Residential Floor Plans as a Residential Limited Common Element assigned to the Unit. Parking spaces may be initially assigned or reassigned by amendment to this Residential Declaration as provided in subparagraphs (b) and (c) below.
    6. Certain storage spaces may be assigned to the Units, which storage spaces are assigned in Exhibit "D" attached hereto and incorporated herein by this reference and shown on the Residential Floor Plans as a Residential Limited Common Element, assigned to the Unit. Storage spaces may be initially assigned or reassigned by amendment to this Residential Declaration as provided in subparagraphs (b) and (c) below.
    7. The monument sign located on the Residential Common Element identifying the businesses operated in the Live/Work Unit is assigned as a Residential Limited Common Element to such Live/Work Units.
    8. Each Unit is assigned one (1) mailbox or mail slot as a Residential Limited Common Element, to be initially assigned in the sole discretion of Residential Declarant.
  2. The Residential Board of Directors, without need for a membership vote, is hereby authorized to assign and to reassign Residential Limited Common Elements and Residential Common Elements not previously assigned, provided that any such assignment or reassignment shall be made in accordance with the provisions of Section 44-3-82(b) and (c) of the Act. A Residential Common Element not previously assigned as a Residential Limited Common Element may be so assigned and a Residential Limited Common Element may be reassigned by the Residential Board, without the need for a vote of the Residential Association, upon written application to the Residential Association by the Owner or Owners for whose exclusive use such Residential Common Element is requested or whose use of the Residential Limited Common Element previously assigned is directly affected. Upon such application, the Residential Association shall prepare and execute an amendment to the Residential Declaration assigning the Residential Common Element as a Residential Limited Common Element or reassigning the Residential Limited Common Element, which amendment shall be executed by the Owner or Owners making such application. Such amendment shall be delivered and become effective as provided in Section 44-3-82 of the Act. For so long as Residential Declarant owns a Unit primarily for the purpose of sale, an amendment to assign a Residential Common Element, not previously assigned as a Residential Limited Common Element shall be executed by the officers of the Residential Association, if the request is made by Residential Declarant. The Residential Board has the right to approve or disapprove any such request made by any Person other than Residential Declarant.
  3. For so long as Residential Declarant owns any Unit primarily for the purpose of sale, Residential Declarant shall have the right to sell to Owners one (1) or more parking spaces, and storage spaces to be assigned as Residential Limited Common Elements pursuant to subparagraphs (a) and (b) above. The proceeds of the sale of parking spaces, and storage spaces as Residential Limited Common Elements shall belong to Residential Declarant.
  4. Association Membership and Allocation of Votes.

    All Owners, by virtue of their ownership of a fee or undivided fee interest in any Unit in the Residential Condominium, excluding Persons holding such interest under a Mortgage, are members of 870 Inman Residential Condominium Association, Inc., and, except as otherwise provided herein or in the Residential Bylaws, shall be entitled to vote on all matters upon which members of the Residential Association are entitled to vote pursuant to the Residential Declaration and in accordance with the Residential Bylaws. Subject to the provisions of the Residential Condominium Instruments, the Owner or collective Owners shall be entitled to one (1) equally weighted vote for such Unit.

    Furthermore, each Owner, by acceptance of a deed to a Unit, acknowledges that, in addition to being subject to and bound by the Residential Condominium Instruments, he or she is subject to the Master Declaration, and that the Residential Association is a member of and subject to assessment by the Master Association.

    ALLOCATION OF LIABILITY FOR COMMON EXPENSES.

    Except as provided below or elsewhere in the Act or Residential Condominium Instruments, the amount of all Residential Common Expenses shall be assessed against all the Units in accordance with the percentage of undivided interest in the Residential Common Elements appurtenant to the Unit as set forth in Exhibit "B" attached hereto and incorporated herein by this reference.

    The Residential Board of Directors shall have the power to levy special assessments against Units pursuant to this Paragraph and to Section 44-3-80(b) of the Act as, in its discretion, it shall deem appropriate. Failure of the Residential Board of Directors to exercise its authority under this Paragraph shall not be grounds for any action against the Residential Association or the Residential Board of Directors and shall not constitute a waiver of the Residential Board's right to exercise its authority under this Paragraph in the future with respect to any expenses, including an expense for which the Residential Board has not previously exercised its authority under this Paragraph.

    Any Residential Common Expenses benefiting less than all of the Units or significantly disproportionately benefiting all Units may be specially assessed equitably among all of the Units that are benefited according to the benefit received. Except as expressly otherwise provided herein and for expenses for maintenance, repair or replacement of Residential Limited Common Elements, which may be specially assessed, expenses incurred for the maintenance, repair or replacement of the Area of Common Responsibility, shall not be specially assessed.

    Any Residential Common Expenses occasioned by the conduct of less than all of those entitled to occupy all of the Units or by the Occupant(s), licensees or invitees of any such Unit or Units may be specially assessed against such Unit or Units.

    In the event the Residential Condominium is served by any common utility meter, the Residential Board shall have the authority to install submeters and assess individual Unit utilities usage charges as specific assessments as provided in subparagraph (b)(i) above. This shall include the right to add a charge for the cost of overhead for such submetering, against individual Units and/or to install separate utility meters for the Units. Alternatively, the Residential Board may levy specific assessments based on any reasonable method the Residential Board deems appropriate, including but not limited, based on the percentage of undivided interest in the Residential Common Elements appurtenant to the Unit as set forth in Exhibit "B" attached hereto and incorporated herein by this reference

    Association Rights and Restrictions.

    Subject to the Master Declaration and all superior and exclusive rights granted to the Master Association therein, in addition to and not in limitation of all other rights it may have, the Residential Association, acting through its Residential Board of Directors, shall have the right and authority:

    to enter into Units for maintenance, emergency, or life-safety purposes, which right may be exercised by the Residential Board of Directors, officers, agents, employees, managers, and all police officers, firemen, ambulance personnel, and similar emergency personnel in the performance of their respective duties. Except in an emergency situation, entry shall be only during reasonable hours and after reasonable notice to the Owner or Occupant of the Unit. For the purposes of this Paragraph, an emergency justifying immediate entry into a Unit shall include, but not be limited to, the following situations: a water or other utility leak, fire, strong foul odor, obvious insect infestation or sounds indicating that a Person or animal might be injured or sick and require immediate medical attention. No one exercising the rights granted in this subparagraph shall be liable for trespass, damages, or in any other manner by virtue of exercising such rights, except as provided in the Act. The failure to exercise the rights herein or to exercise said rights in a timely manner shall not create liability to any of the above­ referenced parties, it being agreed that no duty to enter a Unit shall exist;

    to make and to enforce reasonable rules and regulations governing the use of the Residential Condominium. including the Units, Residential Limited Common Elements, and Residential Common Elements;

    to enforce use restrictions, other Residential Declaration and Bylaws provisions, and rules and regulations by the imposition of reasonable monetary fines and suspension of use and voting privileges as provided in Section 44-3-76 of the Act, as amended;

    to grant and accept permits, licenses, utility easements, leases, and other easements;

    to represent and act on behalf of the Owners in the event of damage or destruction as a result of casualty loss in accordance with the provisions of the Act and Paragraph 12 of this Residential Declaration;

    to represent and act on behalf of the Owners in the event of any loss resulting from condemnation or eminent domain in accordance with the provisions of the Act and Paragraph 20 of this Residential Declaration;

    to acquire, hold, and dispose of tangible and intangible personal property and real property;

    to enter into an agreement or bulk contract on behalf of all Owners and the Residential Association to provide television or telecommunications services to the Units;

    to delegate to the Master Association (with the consent of the Master Association) any of the Residential Association's authorities or rights to maintain the Residential Condominium or provide services to the Units Owners and Occupants;

    to pay assessments to the Master Association as provided in the Master Declaration; and (k) to appoint representatives to the Master Association to represent the Residential

    Condominium in accordance with the Master Declaration and the Master Bylaws.

    NOTWITHSTANDING ANYTHING TO THE CONTRARY STATED HEREIN, THE RESIDENTIAL ASSOCIATION SHALL NOT BE OBLIGATED TO TAKE ANY ACTION TO ENFORCE ANY COVENANT, USE RESTRICTION, OR RULE THAT THE BOARD, IN EXERCISE OF ITS BUSINESS JUDGMENT, DETERMINES IS OR IS LIKELY TO BE CONSTRUED AS INCONSISTENT WITH APPLICABLE LAW OR IN ANY CASE IN WHICH THE RESIDENTIAL BOARD REASONABLY DETERMINES THAT THE RESIDENTIAL ASSOCIATION'S LEGAL POSITION IS NOT STRONG ENOUGH TO JUSTIFY TAKING SUCH ACTION. SUCH A DECISION SHALL NOT BE CONSTRUED A WAIVER OF THE RIGHT OF THE RESIDENTIAL ASSOCIATION TO ENFORCE SUCH PROVISION AT A LATER TIME UNDER OTHER CIRCUMSTANCES OR ESTOP THE RESIDENTIAL ASSOCIATION FROM ENFORCING ANY OTHER COVENANT, USE RESTRICTION OR RULE. THE RESIDENTIAL ASSOCIATION SHALL NOT BE LIABLE FOR ANY OBLIGATION THAT IS THE RESPONSIBILITY OF THE MASTER ASSOCIATION.

    Assessments.

    Purpose of Assessment. The Residential Association shall have the power to levy assessments as provided herein and in the Act. The assessments for Residential Common Expenses provided for herein shall be used for the general purposes of promoting the recreation, health, safety, welfare, common benefit, and enjoyment of the Owners and Occupants of Units in the Residential Condominium as may be more specifically authorized from time to time by the Residential Board.

    Creation of the Lien and Personal Obligation for Assessments. Each Owner of any Unit,by acceptance of a deed therefor, whether or not it shall be so expressed in such deed, is deemed to covenant and agree to pay to the Residential Association: (i) annual assessments or charges; (ii) special assessments, such assessments to be established and collected as hereinafter provided; and (iii) specific assessments against any particular Unit which are established pursuant to the terms of this Residential Declaration, including, but not limited to, reasonable fines imposed in accordance with the terms of this Residential Declaration.

All such assessments, together with charges, interest, costs, and reasonable attorneys' fees actually incurred, and if the Residential Board so elects, rents, in the maximum amount permitted by the Act, shall be a charge on the Unit and shall be a continuing lien upon the Unit against which each assessment is made. Such amounts shall also be the personal obligation of the Person who was the Owner of such Unit at the time when the assessment fell due. Each Owner and his or her grantee shall be jointly and severally liable for all assessments and charges due and payable at the time of any conveyance.

Assessments shall be paid in such manner and on such dates as may be fixed by the Residential Board of Directors. Unless otherwise provided, the annual assessments shall be paid in equal monthly installments due on the first day of each month. Except as provided in subparagraph IOU) below, no Owner may exempt him or herself from liability for or otherwise withhold payment of assessments for any reason whatsoever, including, but not limited to, nonuse of the Residential Common Elements, the Residential Association's failure to perform its obligations required hereunder, or an inconvenience or discomfort arising from the Residential Association's performance of its duties. The lien provided for herein shall have priority as provided in the Act. Notwithstanding anything to the contrary stated herein, Residential Declarant shall have not obligation to fund budgetary deficits of the Residential Association.

The Residential Board of Directors shall have the right to: (i) not spend the full amount budgeted for any particular line item in the budget; (ii) spend more than what has been budgeted; and (iii) shift revenues within the budget from one line to another. Notwithstanding anything to the contrary stated herein, during Residential Declarant Control Period, Residential Declarant or the Residential Declarant appointed Residential Board of Directors shall be authorized to unilaterally reduce the amount of the annual assessments owed on Units without the necessity of a vote of the Owners to reflect cost savings that were not contemplated at the time the initial, estimated operating budget for the Residential Association was developed.

    Delinquent Assessments. All assessments and related charges not paid on or before the due date shall be delinquent, and the Owner shall be in default.

    If any installment of annual assessments or any part thereof is not paid in full by the tenth (10th) day of due date or if any other charge is not paid within ten (10) days of the due date, a late charge equal to the greater of Ten Dollars ($10) or ten percent (10%) of the amount not paid, or such higher amounts as may be authorized by the Act, may be imposed without further notice or warning to the delinquent Owner and interest at the rate of ten percent (10%) per annum or such higher rate as may be permitted by the Act shall accrue from the due date.

    If part payment of assessments and related charges is made, the amount received may be applied first to costs and reasonable attorneys' fees actually incurred, then to late charges. then to interest, then to delinquent assessments, and then to current assessments.

    If assessments, fines or other charges or any part thereof due from an Owner remain delinquent and unpaid for a period greater than fifteen (15) days from the date due, a notice of delinquency may be given to that Owner stating that if the assessment, fine or charge remains delinquent for more than ten (10) days from the date of the notice of delinquency, the Residential Board of Directors may accelerate and declare immediately due all of that Owner's unpaid installments of the annual assessment and of any special assessment without any further notice being given to the delinquent Owner. Upon acceleration, that Owner shall thereby lose the privilege of paying the annual assessment in periodic installments for that fiscal year.

    If assessments and other charges or any part thereof remain unpaid more than thirty (30) days after they become delinquent, the Residential Association, acting through the Residential Board, may institute suit to collect all amounts due pursuant to the provisions of the Residential Declaration, the Bylaws, the Act and Georgia law, including reasonable attorneys' fees actually incurred, and suspend the Owner and/or Occupant's right to vote and/or use the Residential Common Elements, including the right to bring or park vehicles on the Residential Common Elements or have guests bring or park vehicles on the Residential Common Elements. For the purposes of this section, the Residential Common Elements shall include Residential Limited Common Element parking spaces. However, the Residential Board may not limit pedestrian, medical, fire, police or other health, safety, service or emergency vehicle ingress or egress to or from the Unit or deny necessary parking of clearly and properly identified handicapped vehicles used by handicapped Owners or Occupants protected by the Fair Housing Amendments Act of 1988. Prior to suspending parking privileges, the Residential Association shall provide the delinquent Owner or Occupant written notice of its intention to do so, sent by certified mail not less than ten (10) days prior to the date of such suspension.

    If any assessment or other charge is delinquent for thirty (30) days or more, and the Residential Association has obtained judgment(s) totaling more than Seven Hundred Fifty Dollars ($750) against the Owner or encumbering the Unit, then, in addition to all other rights provided under Georgia law and herein, the Residential Association shall have the right, in compliance with any requirements set forth in the Section 44-3-76 of the Act, to suspend water, electricity, gas, heat, air conditioning, cable or satellite television, internet access or other internet-based services, or any other or utility service to the Unit paid for as a Common Expense by the Residential Association. Any costs incurred and paid by the Residential Association in discontinuing and/or reconnecting any utility or service, including reasonable attorneys' fees actually incurred, shall be an assessment against the Unit. The utility or service shall not be required to be restored until the judgment(s) is (are) paid in full, at which time the Residential Association shall make arrangements for restoration of the utility or service. A Unit Owner whose utility or service has been suspended hereunder shall not be entitled to use any such utility or service from any source, and any such unauthorized use shall be considered a theft of services under O.C.G.A. Section 16-8-5.

Notwithstanding the above, if cable television, satellite, or internet service or any other service not constituting a utility is provided by the Residential Association as a Common Expense, that service may be suspended upon ten (10) days written notice to the delinquent Owner, without obtaining any judgment against the Owner or encumbering the Unit. Enforcement under this subparagraph is not dependent upon or related to other restrictions and/or other actions.

    Computation of Operating Budget and Assessment. It shall be the duty of the Residential Board at least twenty-one (21) days prior to the Residential Association's annual meeting to prepare and deliver to each member a budget covering the estimated costs of operating the Residential Condominium (including any assessments to be paid to the Master Association as set forth in the Master Declaration) during the coming year and a notice of the assessments to be levied against each Unit for the following year. The budget and the assessment shall become effective unless disapproved at a duly called and constituted annual meeting of the Residential Association by a vote of a Majority of the Total Association Vote; provided, however, if a quorum is not obtained at the annual meeting, the budget shall become effective even though a vote to disapprove the budget could not be called at this meeting.

Notwithstanding the foregoing, in the event that the membership disapproves the proposed budget or the Residential Board fails for any reason to determine the budget for the succeeding year, then and until such time as a budget shall have been determined as provided herein, the budget in effect for the current year shall continue for the succeeding year. In such case, the Residential Board may propose a new budget at any time during the year at a special meeting of the Residential Association. The proposed budget and assessment shall be delivered to the members at least twenty-one (21) days prior to the proposed effective date thereof and at least seven (7) days prior to the special meeting. The approval procedure set forth above for budgets considered at annual meetings shall also apply to budgets considered at special meetings.

Notwithstanding anything to the contrary stated herein, during the Residential Declarant Control Period, Residential Declarant or Residential Declarant-appointed Residential Board of Directors shall be authorized to unilaterally pass a new budget to reflect costs that were not contemplated at the time the initial, estimated operating budget for the Residential Association was developed.

    Special Assessments. In addition to the annual assessment provided for in subparagraph (b) above, the Residential Board may, at any time, and in addition to any other rights it may have, levy a special assessment against all Owners, notice of which shall be sent to all Owners. Any special assessment (except as provided in subparagraph 8(b) regarding the power to assess specially pursuant to Section 44-3-80(b) of the Act and subparagraph 12(b) herein, regarding repair or reconstruction of casualty damage to or destruction of all or part of the Residential Condominium) which would cause the average total of special assessments levied in one (1) fiscal year to exceed Two Hundred Dollars ($200) per Unit or such higher amount as is authorized by the Act, shall be approved by a Majority of the Total Residential Association Vote prior to becoming effective.

    Capital Reserve Budget and Contribution. After the expiration of the Residential Declarant Control Period, the Master Association Board shall be obligated to, annually prepare a capital reserve budget covering these portions of the Residential Condominium to be maintained. repaired and replaced by the Master Association on behalf of the Residential Association. Said budget shall take into account the number and nature of replaceable assets, the expected life of each asset, and the expected repair or replacement cost. The Residential Board shall set the required capital reserve contribution, if any, in an amount sufficient to permit the Residential Association to meet the projected capital needs as shown on the budget prepared by the Master Association Board of Directors as shown on the capital reserve budget, with respect both to amount and timing by equal annual assessments over the period of the budget. The annual capital reserve contribution required, shall be fixed by the Residential Board and included within the budget and assessment as provided in subparagraph Cd) of this Paragraph. The funds for the capital reserve fund shall be deposited in a separate reserve account. A copy of the capital reserve budget shall be distributed to each member in the same manner as the operating budget. Notwithstanding any other provisions of this Residential Declaration, during the Residential Declarant Control Period neither the Residential Board of Directors nor Residential Declarant shall not be required to prepare a capital reserve budget, set any other capital reserve contribution, or otherwise collect amounts for capital reserves.

    Statement of Account. Any Owner, Mortgagee, or a Person having executed a contract for the purchase of a Unit, or a lender considering a loan to be secured by a Unit, shall be entitled, upon written request, to a statement from the Residential Association setting forth the amount of assessments due and unpaid, including any late charges, interest, fines, or other charges against a Unit. The Residential Association shall respond in writing within five (5) business days of receipt of the request for a statement; provided, however, the Residential Association may require the payment of a fee, not exceeding Ten Dollars ($10), or such higher amount as may be authorized by the Act, as a prerequisite to the issuance of such a statement. Such written statement shall be binding on the Residential Association as to the amount of assessments due on the Unit as of the date specified therein.

    Surplus Funds and Common Profits. Pursuant to Section 44-3-1 08 of the Act, common profits from whatever source shall be applied to the payment of Residential Common Expenses. Any surplus funds remaining after the application of such common profits to the payment of Residential Common Expenses shall, at the option of the Residential Board of Directors, either be distributed to the Owners or credited to the next assessment chargeable to the Owners in proportion to the liability for Residential Common Expenses attributable to each Unit, or added to the Residential Association's capital reserve account as set forth in subparagraph (f) above. Notwithstanding the foregoing, any surplus funds remaining after the application of such common profits to the payment of Common Expenses at the end of the first fiscal year (excluding amounts designated for reserves) shall be distributed to the Owners in proportion to the liability for Residential Common Expenses attributable to each Unit.

If the Residential Board of Directors reasonably determines that during a fiscal year there will likely be a surplus of funds at the end of such fiscal year (excluding amounts designated for reserves), the Residential Board may, but shall not be required to, reduce the amount of the annual assessment to be collected from the Owners for the remainder of that fiscal year. Any Owner who has already paid the entire annual assessment at the time of such reduction shall, in the discretion of the Owner, either receive a refund of the overpayment or a credit of the amount of the overpayment towards the annual assessment of the Residential Association for the following fiscal year. Notwithstanding the above, the Residential Association may first apply the amount of any overpayment toward any other amount the Owner may owe to the Residential Association.

    Working Capital Fund. Residential Declarant, on behalf of the Residential Association, shall establish a working capital fund to meet unforeseen expenditures or to purchase any additional equipment or services. A non-refundable contribution to the working capital fund of the Residential Association shall be paid by the purchaser of a Unit at the closing of each sale or resale of a Unit in the amount of two (2) months of the general assessment charged to such Unit. Residential Declarant shall not use the working capital funds to defray any of its expenses, reserve contributions, or construction costs or to make up any budget deficits while it is in control of the Residential Association. Notwithstanding anything to the contrary herein, the contribution to the working capital fund shall not be due from: (i) any grantee who is the Domestic Partner, spouse or former spouse of the grantor; (ii) any grantee that is a wholly-owned entity of the grantor; (iii) any grantee to whom a Unit is conveyed by a will or through the law of intestacy; or (iv) any grantee of a Unit who obtains title pursuant to judicial or nonjudicial foreclosure of any first Mortgage of record or secondary purchase money Mortgage of record (provided that neither the grantee nor any successor grantee on the Mortgage is the seller of the Unit).

    Assessment Exemption Period. Notwithstanding anything to the contrary herein, Residential Declarant shall be excused from the payment of assessments to the extent permitted by the Act for a period (the "Assessment Exemption Period") commencing on the date the Declaration is recorded in the Official Records and ending on the following date, whichever occurs first: (a) the date being twenty-four (24) months after the date this Residential Declaration was recorded in the Official Records; (b) the date being the latest date permitted in the Act; (c) the date determined by Residential Declarant as provided in a written notice to the Residential Association; or (d) upon the date Residential Declarant does not own any unoccupied Unit. During the Assessment Exemption Period, as to the portion of assessments assessed pursuant to Section 44-3-80(c) of the Act, the Residential Declarant shall pay Residential Common Expenses incurred by the Residential Association during the Assessment Exemption Period which exceed the amounts assessed against other Owners. Additionally, during the Assessment Exemption Period: (i) no capital contributions, start-up funds, initiation fees, or contributions to capital reserve accounts which are receivable from Unit purchasers or Owners and payable to the Residential Association at closing may be used for payment of Residential Common Expenses; (ii) no portion of the payment of assessments collected from Owners intended to be utilized for reserves for deferred maintenance, reserves for depreciation, or other reserves, as shown on the operating budget for the Residential Condominium may be used for payment of Residential Common Expenses; and (iii) no prepayments of assessments made by Owners shall be used for the payment of Residential Common Expenses prior to the time the assessments would otherwise by due.

    Application of Funds. Notwithstanding anything to the contrary herein, the Residential Association shall apply utilize any funds in its possession or control to the timely payment of any monetary obligation owed to the Master Association before utilizing such funds for any other purpose or payment to any other Person. After the full payment of any such monetary obligation owed to the Master Association, the Residential Association shall utilize such funds as the Residential Board deems appropriate in accordance with the Residential Condominium Instruments. This covenant is for the express benefit of the Master Association. Any violations thereof may be enforced directly by the Master Association.

    Insurance.

    Property Insurance. Property insurance for the Residential Condominium shall be obtained and maintained at all times by the Master Association pursuant to Section 11 of the Master Declaration, as required by Section 44-3-107 of the Act, and in reliance of Section 44-3-115 of the Act (which Section of the Act provides that the provisions of the Act and the Residential Condominium Instruments recorded pursuant to the Act shall be liberally construed in favor of the valid establishment of a condominium). All property insurance purchased by the Master Association pursuant to Section 11 of the Master Declaration shall run to the benefit of the Residential Association, the Residential Board of Directors, officers and all agents and employees of the Residential Association, the Owners, and their respective Mortgagees, and all other Persons entitled to occupy any Unit, as their interests may appear. In the event the Master Association cannot obtain property insurance coverage for the Residential Condominium and the Master Association provides written notice of such to the Residential Board, the Residential Board shall then obtain such property insurance as is required by the Act and in compliance with the requirements of the Master Declaration pertaining to property insurance coverage for the Residential Condominium.

    OtherInsurance. The Residential Board shall obtain as a Residential Common Expense:

    workers' compensation insurance if and to the extent necessary to meet the requirements of law;

    public liability insurance in amounts no less than required by Section 44-3-107 of the Act, as amended, and officers and directors' liability insurance in such amounts as the Residential Board may determine. The public liability insurance shall contain a cross liability endorsement;

    if reasonably available, fidelity bonds or employee dishonesty insurance, covering officers, directors, employees, and other Persons who handle or are responsible for handling Residential Association funds. Such bonds or insurance, if reasonably available, shall be in an amount consistent with the best business judgment of the Residential Board of Directors, but in no event less than three (3) months assessments plus a reasonable amount to cover all or a reasonable portion of reserve funds in the custody of the Residential Association at any time during the term of the bond; provided, however, fidelity coverage herein required may be reduced based on the implementation of financial controls which take one or more of the following forms: (a) the Residential Association or management company, if any, maintains a separate bank account for the working account and the reserve account, each with appropriate access controls and the bank in which funds are deposited sends copies of the monthly bank statements directly to the Residential Association; (b) the management company, if any, maintains separate records and bank accounts for each association that uses its services and the management company does not have the authority to draw checks on, or to transfer funds from, the Residential Association's reserve account; or (c) two (2) members of the Residential Board of Directors must sign any checks written on the reserve account; and

    such other insurance as the Residential Board of Directors may determine to be necessary or desirable

    The Residential Board may obtain any insurance policy that the Residential Association is required or permitted herein through policies provided by the Master Association as contemplated in the Master Declaration.

    Other Requirements.

    All policies of insurance shall be written with a company licensed to do business in the State of Georgia. The company shall provide insurance certificates to each Owner and each Mortgagee upon request.

    Exclusive authority to adjust losses under policies obtained by the Residential Association shall be vested in the Residential Board of Directors; provided. however, no Mortgagee having an interest in such losses may be prohibited from participating in the settlement negotiations, if any, related thereto.

    In no event shall the insurance coverage obtained and maintained by the Residential Association hereunder be brought into contribution with insurance purchased by individual Owners or their Mortgagees.

    It shall be the duty of the Residential Board of Directors at least every two (2) years to conduct an insurance review to determine if the policy in force is adequate to meet the needs of the Residential Association and to satisfy the requirements of Section 44-3-107 of the Act, as amended. Such responsibility may be performed, and shall be deemed reasonably performed, by the Residential Board requesting the Master Association's or Residential Association's insurance agent to verify that insurance policies in existence meet the needs of the Residential Association and satisfy the requirements of Section 44-3-107 of the Act, as amended.

    The Master Association's Board of Directors shall make available for review by Owners a copy of the Master Association's insurance policy to allow Owners to assess their personal insurance needs.

    Every Owner shall be obligated to obtain and maintain at all times insurance covering those portions of his or her Unit to the extent not insured by policies maintained by the Master Association and as required by the Alta at Inman Park Declaration. Upon request by the Master Association, the Owner shall furnish a copy of such insurance policy or policies to the Master Association. In the event that any such Owner fails to obtain insurance as required by this subparagraph, the Master Association may purchase such insurance on behalf of the Owner and assess the cost thereof to the Owner, to be collected in the manner provided for collection of assessments under Paragraph 10 hereof.

    Insurance Deductibles. In the event of an insured loss, any required deductible (whether for a policy obtained by the Residential Association or from a policy obtained by the Master Association but the cost of which is assessed against the Residential Association) shall be considered a maintenance expense to be paid by the Person or Persons who would be responsible for such loss in the absence of insurance. If the loss affects more than one (1) Unit or a Unit and the Residential Common Elements, the cost of the deductible (whether for a policy obtained by the Residential Association or from a policy obtained by the Master Association but the cost of which is assessed against the Residential Association) may be apportioned equitably by the Residential Board among the parties suffering loss in proportion to each affected Owner's portion of the total cost of repair. Notwithstanding the foregoing, if the insurance policy provides that the deductible will apply to each Unit separately or to each occurrence, each Owner shall be responsible for paying the deductible pertaining to his or her Unit, if any. If any Owner or Owners fail to pay the deductible when required under this subparagraph, then the Residential Association may pay the deductible and assess the cost to the Owner or Owners pursuant to Paragraph 8 of this Declaration; provided, however, where the deductible is for insurance required under the Act, no Owner shall be assigned more than Two Thousand Five Hundred Dollars ($2,500), or such higher amount as authorized by the Act, as the cost of the deductible for any one (1) occurrence.

    Repair and Reconstruction.

    The procedures for addressing damage to or destruction of all or any part of the Residential Condominium as a result of fire or other casualty are provided in Section 12 of the Master Declaration. In the event the Master Association delegates to the Residential Association any of the Master Association's duties as contemplated in Section 12.7 of the Master Declaration, the Residential Association shall perform its obligations in a manner consistent with the Master Declaration and the following, to the extent applicable:

    Cost Estimates. Immediately after a fire or other casualty causing damage to the Residential Condominium, the Residential Board of Directors shall obtain reliable and detailed estimates of the cost of repairing and restoring the structures (including any damaged Unit) to substantially the condition that existed before such casualty, allowing for any changes or improvements necessitated by changes in applicable building codes. Such costs may also include professional fees and premiums for such bonds as the Residential Board of Directors determines to be necessary.

    Source and Allocation of Proceeds. If the proceeds of insurance are not sufficient to defray the costs of reconstruction and repair as determined by the Residential Board of Directors, the additional costs shall be assessed against all Owners according to the percentage of interests as set forth in Exhibit "B", provided, however if the Master Association has obtained insurance as provided in Paragraph 11 and the proceeds are not sufficient to defray the costs of reconstruction and repair of a Unit such cost shall be assessed against the Owner(s) of the Unites) damaged in proportion to the damage to the Units. These assessments shall not be considered a special assessment as discussed in subparagraph 10(e) hereof. If there are surplus funds after repair and reconstruction is completed, such funds shall be common funds of the Residential Association to be used as directed by the Residential Board of Directors.

    Floor Plans and Specifications. Any such reconstruction or repair shall be substantially in accordance with the Residential Floor Plans and specifications under which the Residential Condominium was originally constructed to standard finish so as to exclude any upgrades made to Unit, except where changes are necessary to comply with current applicable building codes or where improvements not in accordance with the original Residential Floor Plans and specifications are approved by the Residential Board of Directors. To the extent insurance proceeds are available, the Residential Association may reconstruct or repair Owner improvements damaged as a result of fire or other casualty.

    Encroachments. Encroachments upon or in favor of Units that may be created as a result of such reconstruction or repair shall not constitute a claim or basis for any proceeding or action by the Owner upon whose property such encroachment exists, provided that such reconstruction was substantially in accordance with the architectural plans under which the Residential Condominium was originally constructed. Such encroachments shall be allowed to continue in existence for so long as the reconstructed building(s) shall stand.

    Construction Fund. The net proceeds of the insurance collected on account of a casualty and the funds collected by the Residential Association from assessments against Owners on account of such casualty shall constitute a construction fund that shall be disbursed in payment of the cost of reconstruction and repair in the manner set forth in this Paragraph to be disbursed by the Residential Association in appropriate progress payments to such contractor(s), supplier(s), and personnel performing the work or supplying materials or services for the repair and reconstruction of the structures as are designated by the Residential Board of Directors.

    Architectural Controls.

    Master Architectural Control. All encroachments onto the Residential Common Elements or Residential Limited Common Elements, exterior change, alteration or construction (including painting), and any erection, placement or posting of any object, sign, clothesline, speaker, light, fountain, flag, or thing on the exterior or roof of the Residential Condominium, in any windows (except window treatments as provided herein), or on any Residential Limited Common Elements or any Residential Common Elements, must receive the prior written approval of the Master Architectural Control Committee in accordance with Section 13 of the Master Declaration. Additionally, any Owner desiring to make any structural change to or within a Unit shall obtain the prior written approval of the Master Architectural Control Committee in accordance with Section 13 of the Master Declaration.

    Residential Architectural Committee Approval Also Reguired. Any architectural change approved by Master Architectural Control Committee shall not be commenced unless the Owner also obtains written approval from the Residential Board. Additionally, any other architectural change or alteration requiring approval of the Residential Board under this Residential Declaration shall be reviewed by the Residential Board in accordance with this Paragraph 13.

    Applications. Applications for approval from the Residential Board shall be in writing and shall provide such information as the Residential Board may reasonably require, including, but not limited to, the documentation described in the Master Declaration. Once an application and all required information is received by the Residential Board, the Residential Board shall stamp the application as being complete, and shall then forward to the applicant a written notice of application completion (the "Notice of Application Completion"). The Residential Board shall be authorized to retain an engineer, architect or other consultant to review such application and related documentation and plans, and all costs and expenses related thereto shall be borne solely by the applicant. Approval of an application may be withheld by the Residential Board until such time as all costs and expenses related to the review of an application have been paid by the applicant. The Residential Board shall be the sole arbiter of such application and may withhold approval for any reason (but not arbitrarily), including purely aesthetic considerations, materials to be used, harmony with the external design of the Building and other structures that may be located on the Residential Condominium, and it shall be entitled to stop any construction that is not in conformance with approved plans. The Residential Board of Directors may publish written architectural standards for exterior and Residential Common Element alterations or additions, and any request in substantial compliance therewith shall be approved; provided, however, each such requested change shall be in harmony with the external design of the Building and Units, and the location in relation to surrounding structures and topography of the vicinity.

If the Residential Board or its designated representative fails to approve or to disapprove a complete application within thirty (30) days after the date of the Notice of Application Completion, its approval will not be required and this Paragraph will be deemed complied with; provided, however, even if the requirements of this Paragraph are satisfied, nothing herein shall authorize anyone to construct or maintain any structure or improvement (other than that which was requested and to which the Residential Board did not respond) that is in violation of the Master Condominium Instruments, the Residential Condominium Instruments, or rules and regulations promulgated and adopted by the Master Association or Residential Association or of any applicable zoning or other laws, and under no circumstances shall a Unit Owner commence any work without the written approval of the MACC if the work (A) involves connecting to or relocating pipes, lines, conduits and/or other apparatus for access to common utilities; (B) places an excessive load on any structural or load bearing portions of a Unit; or (C) requires penetration of any concrete floor or ceiling slab. Under no circumstances will alterations be made or permitted to be made by any Owner if such alteration will:

    unreasonably diminish the benefits afforded to such other Owners by any easement or license or unreasonably interrupt such other Owner's use or enjoyment of any easement or license; provided, however, interruption of the use and enjoyment of any easement or license for temporary construction purposes shall not require consent of the Owners if, upon completion of construction, each Owner's use and enjoyment of the affected easement or license is restored;

    materially adversely affect or impair the structural integrity, character, value or utility of the Building (or any portion thereof);

    materially adversely affect facilities benefiting any other Owners;

    except as to signage, alter the facade or exterior appearance of any portion of the Building in any material respect; or

    materially and adversely affects the rights of any Owner, Occupant or Person to exercise the easement rights granted in Paragraph 21 hereof.

    Work Rules. Any work performed by or on behalf of an Owner (except Residential Declarant) related to the installation, construction, replacement, or repair of improvements to a Unit shall only be conducted between 8:30 a.m. and 7:00 pm on weekdays (excluding public holidays) except in the event of an emergency or upon written approval from the MACC. Notwithstanding anything to the contrary stated herein, the initial improvements constructed on the Residential Condominium and all architectural modifications thereto that are made by Residential Declarant or approved by Residential Declarant shall not be subject to approval pursuant to this Paragraph 13.

    Encroachments onto Residential Common Elements. The MACC subject to the Master Declaration may permit Owners to make encroachments onto the Residential Common Elements as it deems acceptable.

    Condition of Approval. As a condition of approval for a requested architectural change, modification, addition, or alteration, a Unit Owner, on behalf of him or herself and his or her successors-in­ interest, shall assume all responsibilities for maintenance, repair, replacement and insurance of such change, modification, addition, or alteration, unless otherwise agreed to in writing by the MACC. It is the responsibility of every Owner to determine for him or herself what architectural modifications have been made to his or her Unit by any predecessor-in-interest. In the discretion of the Residential Board or MACC, a Unit Owner may be made to verify such condition of approval by written instrument in recordable form acknowledged by such Owner on behalf of him or herself and all successors-in-interest.

    Limitation of Liability. Review and approval of any application pursuant to this Paragraph is made on the basis of aesthetic considerations only, and neither Residential Declarant, the Residential Board of Directors, the Master Association or the MACC shall bear any responsibility for ensuring the structural integrity or soundness of approved construction or modifications, or for ensuring compliance with building codes and other governmental requirements. Neither Residential Declarant. the Residential Association, the Residential Board of Directors, the Master Association, the MACC, or member of any of the foregoing shall be held liable for any injury, damages or loss arising out of the manner or quality of approved construction on or modifications to any Unit.

    No Waiver of Future Approvals. Each Owner acknowledges that the members of the MACC and Residential Board will change from time to time and that interpretation, application and enforcement of the architectural standards may vary accordingly. Each Owner further acknowledges that the MACC or Residential Board may adopt different architectural standards for different parts of the Residential Condominium, based on street visibility and location of the proposed modification in the Building. The approval of the MACC or Residential Board of any proposals, plans and specifications or drawings for any work done or proposed, or in connection with any other matter requiring the approval and consent of the MACC shall not be deemed to constitute a waiver of any right to withhold approval or consent as to any similar proposals, plans and specifications, drawings, or matters whatever subsequently or additionally submitted for approval or consent.

    Enforcement. Any construction, alteration, or other work done in violation of this Paragraph shall be deemed to be nonconforming. Upon written request from the MACC, Owners shall, at their own cost and expense, promptly remove or cause the removal of such construction, alteration, or other work and shall restore the property to substantially the same condition as existed prior to the construction, alteration, or other work. Should a Unit Owner fail to remove and restore as required hereunder, the MACC or its designees shall have the right to enter the property, remove the violation and restore the property to substantially the same condition as existed prior to the construction, alteration or other work. All costs thereof, including reasonable attorneys' fees, may be assessed against the benefited Unit and collected as an assessment pursuant to this Residential Declaration.

In addition to the foregoing, the Residential Board of Directors at the request of the MACC shall have the authority and standing, on behalf of the Residential Association, to impose reasonable fines and to pursue all legal and equitable remedies available to enforce the provisions of this Paragraph and its decisions. Furthermore, the MACC and Residential Board of Directors shall have the authority to record in the Official Records notices of violation of the provisions of this Paragraph.

If any Owner or Occupant makes any change, alteration, or construction (including landscaping) upon the Residential Common Elements or Residential Limited Common Elements in violation of this Paragraph, he or she does so at his or her sole risk and expense. The Residential Board of Directors or MACC may require that the change, alteration or construction be removed or that it remain on the Residential Common Elements or Residential Limited Common Elements without reimbursement to the Owner or Occupant for any expense he or she may have incurred in making the change, alteration or construction

    Commencement of Construction. All changes, modifications and improvements approved by the MACC and Residential Board, as applicable, hereunder must be commenced within six (6) months from the date of approval. If not commenced within six (6) months from the date of such approval, then such approval shall be deemed revoked by the MACC, unless the MACC gives a written extension for commencing the work. All work approved by the MACC and Residential Board, as applicable, hereunder shall be completed in its entirety within ninety (90) days from the date of commencement, unless otherwise agreed in writing by the MACC. All approved changes, modifications, and improvements must be completed in their entirety. A Unit Owner may not construct only a portion or part of an approved change, modification, or improvement.

    Master Declaration. The provisions for architectural control contained in this Residential Declaration shall be in addition to, and not in lieu of the architectural control provisions contained in the Master Declaration and the Alta at Inman Park Declaration.

    Use Restrictions.

    Each Owner shall be responsible for ensuring that the Owner's family, guests, tenants and Occupants comply with all provisions of the Residential Condominium Instruments and the rules and regulations of the Residential Association. Furthermore, each Owner and Occupant shall always endeavor to observe and promote the cooperative purposes for which the Residential Association was established. In addition to any rights the Residential Association may have against the Owner's family, guests, tenants or Occupants, as a result of such Person's violation of the Residential Condominium Instruments, the Residential Association may take action under this Residential Declaration against the Owner as if the Owner committed the violation in conjunction with the Owner's family, guests, tenants or Occupants.

    In addition to the following use restrictions, the Residential Board of Directors may adopt rules and regulations in accordance with the terms hereof and as specified in the Bylaws, provided such rules and regulations shall not conflict with the Master Declaration Instruments or rules and regulations promulgated thereunder by the Master Association.

    Use of Units.

    Residential Units. Each Residential Unit shall be used for residential purposes only, and no trade or business of any kind may be conducted in or from a Unit or any part of the Residential Condominium; provided, the Owner or Occupant residing in a Residential Unit may conduct ancillary business activities within the Residential Unit so long as:

    the existence or operation of the business activity is not apparent or detectable by sight, sound, or smell from outside of the Residential Unit;

    the business activity does not involve visitation of the Residential Unit by employees, clients, customers, suppliers or other business invitees in greater volume than would normally be expected for guest visitation to a Residential Unit without business activity;

    the business activity is legal and conforms to all zoning requirements for the Residential Condominium;

    the business activity does not unreasonably increase traffic in the Residential Condominium in excess of what would normally be expected for Residential

Units in the Residential Condominium without business activity (other than by a reasonable number of deliveries by couriers, express mail carriers, parcel delivery services and other such similar delivery services);

    the business activity does not increase the insurance premium paid by the Residential Association or otherwise negatively affect the Residential Association's ability to obtain insurance coverage;

    the business activity is consistent with the predominantly residential character of the Residential Condominium and does not constitute a nuisance or a hazardous or offensive use, or threaten the security or safety of other residents of the Residential Condominium, as determined in the Residential Board's discretion; and

    the business activity does not result in a materially greater use of Residential Common Element facilities or Residential Association services.

    The terms "business" and "trade," as used in this provision, shall be construed to have their ordinary, generally accepted meanings, and shall include, without limitation, any occupation, work, or activity undertaken on an ongoing basis which involves the provision of goods or services to Persons other than the provider' s family and for which the provider receives a fee, compensation, or other form of consideration, regardless of whether: (1) such activity is engaged in full or part-time; (2) such activity is intended to or does generate a profit; or (3) a license is required therefor.

    Commercial Units. Each Commercial Unit shall be used only for such residential purposes and/or commercial use or business purposes permitted by applicable zoning ordinance and use restrictions, provided such commercial or business activity does not constitute a nuisance or hazardous or offensive use, or threaten the security or safety of other residents of the Residential Condominium, as may be determined in the reasonable discretion of the Master Board. An activity that is permitted under applicable zoning ordinances and this Residential Declaration shall not constitute a public or private nuisance.

    Prohibited Uses. Notwithstanding the foregoing, no part of a Commercial Unit may be used for any of the following purposes:

    cinema/movie theater;

    bowling alley;

    skating rink;

    video game room, amusement gallery or amusement arcade;

    pool hall;

    massage parlor or facility that hosts obscene, nude or semi-nude live performances (the foregoing shall not be deemed to prohibit day-spas);

    adult book store or adult video store where obscene, pornographic or "adult" materials or paraphernalia, including, but not limited to, movies, videotapes, devices, books, magazines, or other related items are sold or displayed;

    facilities used for the sale, display or advertisement of any paraphernalia used in the preparation or consumption of controlled substances;

    facilities used for the operation of any liquor store, package store, or other store primarily selling and/or manufacturing alcoholic beverages;

    funeral home or store selling caskets;

    industrial or manufacturing uses;

    automotive supplies and parts; and

    facilities used for the operation of any bar, liquor store, package store, or other store primarily serving, selling and/or manufacturing alcoholic beverages;

    restaurant or other facility where food is cooked, prepared, and/or served primarily for commercial purposes;

    Permitted Uses. Notwithstanding the foregoing, Commercial Units may be used for any of the following purposes:

    residential purposes;

    tailoring, custom dressmaking or other millinery establishments;

    antique store or art gallery;

    small shop selling grocery or convenience items;

    office;

    real estate sales, leasing, development, or brokerage facility;

    a day spa providing services such as skin care, nail care, and therapeutic massage;

    hair salon; and

    uses that are ancillary to the permitted uses specified herein.

    Proposed Uses. Any proposed use of any part of a Commercial Unit that is not prohibited in subparagraph (A) above but is not specified as a permitted use in subparagraph (B) above, shall be submitted for the review, consideration and approval or disapproval of the Master Board of Directors.

    Live/Work Units. Each Live/Work Unit shall be used for residential purposes, provided, however, the Occupant residing in a Residential Unit may also conduct business or commercial activities within the Live/Work Unit provided such commercial use or business purposes are permitted by applicable zoning ordinance and use restrictions, including but not limited to the requirement that such activity constitutes a permissible "home occupation" as such term is defined by the City of Atlanta Code of Ordinance Section 16-29.001(17) to the extent such section is applicable. Such commercial or business activity shall not constitute a nuisance or hazardous or offensive use, or threaten the security or safety of other residents of the Residential Condominium, as may be determined in the reasonable discretion of the Master Board. An activity that is permitted under applicable zoning ordinances and this Residential Declaration shall not constitute a public or private nuisance.

    Prohibited Uses. Notwithstanding the foregoing, no part of a Live/Work Unit may be used for any of the following purposes:

    cinema/movie theater;

    bowling alley;

    skating rink;

    video game room, amusement gallery or amusement arcade;

    pool hall;

    massage parlor or facility that hosts obscene, nude or semi-nude live performances (the foregoing shall not be deemed to prohibit day-spas);

    adult book store or adult video store where obscene, pornographic or "adult" materials or paraphernalia, including, but not limited to, movies, videotapes, devices, books, magazines, or other related items are sold or displayed;

    facilities used for the sale, display or advertisement of any paraphernalia used in the preparation or consumption of controlled substances;

    facilities used for the operation of any liquor store, package store, or other store primarily selling and/or manufacturing alcoholic beverages;

    funeral home or store selling caskets;

    industrial or manufacturing uses;

    automotive supplies and parts; and

    facilities used for the operation of any bar, liquor store, package store, or other store primarily serving, seIling and/or manufacturing alcoholic beverages;

    restaurant or other facility where food is cooked, prepared, and/or served primarily for commercial purposes;

    Permitted Uses. Notwithstanding the foregoing, Live/Work Units may be used for any of the following purposes by the Occupant of the Unit in addition to serving as a residence for the Occupant:

    tailoring, custom dressmaking or other millinery establishments;

    antique store or art gallery;

    office;

    real estate sales, leasing, development, or brokerage facility;

    hair salon; and

    uses that are ancillary to the permitted uses specified herein.

    Proposed Uses. Any proposed use of any part of a Live/Work Unit that is not prohibited in subparagraph (A) above but is not specified as a permitted use in subparagraph (B) above, shall be submitted for the review, consideration and approval or disapproval of the Master Board of Directors.

    Number of Occupants. The maximum number of Occupants in a Residential Unit shall be limited to two (2) people per bedroom in the Residential Unit. Upon written application, the Residential Board shall grant variances to this restriction to comply with provisions of the Fair Housing Amendments Act of 1988 or any amendments thereto.

If a Unit Owner of a Unit is a corporation, partnership, trust or other legal entity not being a natural person, the entity shall designate in writing to the Residential Board the name(s) of the person(s) who will occupy the Unit. The designated Person(s) to occupy a Unit may not be changed more frequently than once every six (6) months without the express written consent of the Residential Board as determined in the Residential Board's sale discretion.

    Use of Residential Common Elements Including Amenities.

    There shall be no obstruction of the Residential Common Elements, nor shall anything be kept on, parked on, stored on or removed from any part of the Residential Common Elements without the prior written consent of the Residential Board , except as specifically provided herein.

    With prior written Residential Board approval, and subject to any restrictions imposed by the Residential Board (including restrictions limiting the hours of operation), an Owner may reserve portions of the Residential Common Elements for use for a period of time as set by the Residential Board. Any such Owner who reserves a portion of the Residential Common Elements as provided herein shall assume, on behalf of him or herself and his or her guests, Occupants and family, all risks associated with the use of the Residential Common Elements and all liability for any damage or injury to any Person or thing as a result of such use. The Residential Association shall not be liable for any damage or injury resulting from such use unless such damage or injury is caused solely by the willful acts or gross negligence of the Residential Association, its agents or employees.

    The swimming pool, pool deck, cabana, fitness center, clubroom, and related facilities and equipment shall only be available for use by Occupants and their guests, subject to rules and regulations promulgated by the Residential Board. No person solely working in a Live/Work shall use the aforementioned amenities. Notwithstanding anything to the contrary herein, the Occupant of CUl may designate up to four (4) who are employees, agents, or owners of such Occupant by providing the Residential Association written notice of the names of such persons and such persons shall have the right to use the swimming pool, pool deck, cabana. fitness center, clubroom, and related facilities and equipment.

    There shall be no use of the roof of the Building.

    This subparagraph shall not apply to Residential Declarant for so long as Residential Declarant shall own a Unit for sale.

    Use of Residential Limited Common Elements, Storage Spaces, Balconies, and Patios. Except as otherwise provided herein, the use of the Residential Limited Common Elements assigned to the Units is restricted exclusively to the Owners of the Unit to which such Residential Limited Common Elements are assigned, and said Owner's family members, guests, tenants and invitees. The Residential Limited Common Elements are reserved for exclusive use, but shall not be construed or interpreted to be separate and apart from the Residential Common Elements in general, and the restrictions applicable to the Residential Common Elements shall also apply to the Residential Limited Common Elements.

    Storage Spaces. Storage spaces shall be used solely for the purpose of storing any personal property belonging to the Owner or Occupant of the Unit to which such storage space is assigned as a Residential Limited Common Element. No Owner or Occupant shall store any explosives, or any flammable, odorous, noxious, corrosive, hazardous or pollutant materials or any other goods in the space that would cause danger or nuisance to the storage space or the Residential Condominium. The storage space shall not be used for any purposes unlawful or contrary to any ordinance, regulation, fire code, or health code. If hazardous substances are stored, used, generated or disposed of on or in the storage space or if the storage space becomes contaminated in any manner for which the Owner or Occupant thereof is legally liable, Owner or Occupant shall indemnify and hold harmless Declarant, Residential Association, and Master Association, from any and all claims, damages, fines, judgments, penalties, costs, liabilities or losses and any and all sums paid from settlement of claims, reasonable attorneys' fees actually incurred, consultant and expert fees, arising as a result of that contamination by Owner or Occupant.

    Balconies and Patios. Balconies and patios shall only be used as provided in Section 14.2 of the Master Declaration.

    Prohibition of Damage, Nuisance and Noise. Without the prior written consent of the Residential Board of Directors, nothing shall be done or kept on the Residential Condominium, or any part hereof, which would increase the rate of insurance on the Residential Condominium or any Unit or part thereof, which would be in violation of any statute, rule, ordinance, regulation, permit or other validly imposed requirements of any governmental body, or which would increase the Residential Common Expenses.

The Units in the Residential Condominium are built in close proximity to one another, resulting in the sharing of common walls, floors and ceilings. As a result, noise and vibration may be detectable between Units or between Units and the Residential Common Elements. Therefore, a Unit Owner or Occupant shall not conduct activities within a Unit or use a Unit in a manner that interferes with or causes disruption to the use and quiet enjoyment of another Unit by its respective Owner and Occupant.

Furthermore, noxious, destructive or offensive activity shall not be carried on within any portion of the Residential Condominium. No Owner or Occupant of a Unit may use or allow the use of the Unit or any portion of the Residential Condominium at any time, in any way or for any purpose which may endanger the health, unreasonably annoy or disturb or cause embarrassment, or discomfort to other Owners or Occupants, or in such a way as to constitute, in the sole opinion of the Residential Board of Directors, a nuisance. In addition, no Owner or Occupant of a Unit may use or allow the use of a Unit or the Residential Common Elements in any manner which creates disturbing noises, including, without limitation, use of stereo speakers, subwoofers, or equipment that will in the sole discretion of the Residential Board of Directors interfere with the rights, comfort or convenience of the other Owners or Occupants. Furthermore, no stereo speakers shall be affixed to the interior of any wall of a Unit that constitutes a party wall with an adjacent Unit. Nothing herein, however, shall be construed to affect the rights of an aggrieved Owner to proceed individually for relief from interference with his or her property or personal rights.

No Owner, Occupant or agent of such Owner or Occupant shall do any work which, in the reasonable opinion of the Residential Board of Directors or its designee, would jeopardize the soundness or safety of the Residential Condominium or any structure created thereon, would reduce the value thereof, or would impair any easement or other interest in real property thereto, without in every such case the unanimous, prior written consent of all members of the Residential Association and their Mortgagees.

No damage to or waste of the Residential Common Elements, or any part thereof, shall be permitted by any Owner or member of his or her family or any invitee of any Owner. Each Owner shall indemnify and hold the Residential Association and the other Owners harmless against all loss to the Residential Association or other Owners resulting from any such damage or waste caused by such Owner, members of his or her family, guests, invitees, or Occupants of his or her Unit.

    Firearms and Fireworks. The display or discharge of firearms or fireworks on the Residential Common Elements or Residential Limited Common Elements is prohibited; provided, however. the display of lawful firearms on the Residential Common Elements or Residential Limited Common Elements is permitted by law enforcement officers and also is permitted for the limited purpose of transporting the firearms across the Residential Common Elements or Residential Limited Common Elements to or from the Owner's Unit. The term "firearms" includes "B-B" guns, pellet guns. and other firearms of all types, regardless of size. The term "fireworks" shall include those items as listed in O.e.G.A § 25-10-1, as amended. Nothing herein shall prohibit a person licensed to carry a concealed weapon from doing so provided that the weapon remains concealed at all times when the person is on the Residential Common Elements or any other portion of the Building other than Units.

    Pets. No Owner or Occupant may keep any animal on any portion of the Condominium except as expressly permitted in this subparagraph. A Unit Owner or Occupant shall keep no more than two (2) dogs and/or cats (for a combined total of two (2» per Unit. In addition, a reasonable number of other generally recognized household pets, as determined in the Residential Board's sole discretion, weighing less than two (2) pounds each (including by way of illustration, but not limitation, fish, gerbils and small birds) may be kept in a Unit. The keeping of pets on the Residential Condominium shall be subject to the rules and regulations adopted by the Residential Board. Notwithstanding anything to the contrary herein, no fish tank more than thirty (30) gallons in size shall be installed, kept, or used in a Unit without the prior approval of the MACC.

No Owner or Occupant may keep, breed or maintain any pet for any commercial purpose, and no structure for the care, housing, or confinement of any pet shall be constructed or maintained on any part of the Residential Common Elements, including Residential Limited Common Elements, without prior written ACC approval. No pets are allowed on any portion of the Residential Common Elements; provided, however, a Unit Owner or Occupant may walk a pet across the Residential Common Elements to enter or exit the Condominium property. Notwithstanding the foregoing, pets must be kept on a leash and be under the physical control of a responsible Person at all times while on the Residential Common Elements, but excluding the Residential Limited Common Elements. Feces left upon the Residential Common Elements by pets must be immediately removed by the owner of the pet or the Person responsible for the pet.

No potbellied pigs, snakes, American Pit Bull Terriers, Rotweillers, Doberman Pinschers, may be brought onto or kept on the Condominium at any time. In addition, other animals deternubed in the Residential Board's sole discretion to be dangerous shall not be brought onto or kept on the Condominium at any time. The Residential Board may require that any pet that, in the Residential Board's opinion, endangers the health of any Owner or Occupant or creates a nuisance or unreasonable disturbance, be permanently removed from the Condominium upon seven (7) days written notice. If the Owner or Occupant fails to do so, the Residential Board may remove the pet. The Residential Board may remove any pet, which, in the Residential Board's sole discretion, presents an immediate danger to the health, safety or property of any community member, without prior notice to the pet's owner.

Any Owner or Occupant who keeps or maintains any pet upon the Condominium shall be deemed to have agreed to indemnify and hold the Association, its directors, officers, and agents free and harmless from any loss, claim or liability of any kind or character whatever arising by reason of keeping or maintaining such pet within the Condominium.

    Parking. A Unit may have at least one (1) parking space assigned as Residential Limited Common Element, exclusively serving such Unit. Such assigned parking spaces are designated Residential Limited Common Elements and may only be used by the Owner or Occupants to whom the parking spaces are assigned, and their employees, guests and families.

For so long as Residential Declarant owns a Unit primarily for the purpose of sale, Residential Declarant may sell one or more parking spaces (which parking spaces shall thereafter be Residential Limited Common Elements appurtenant to the Unit to which they have been sold) to an Owner and may adopt rules regulating the use of unassigned parking spaces.

Notwithstanding anything to the contrary stated herein, with respect to the handicap parking spaces that may be assigned as Residential Limited Common Elements and shown on the Floor Plans as "HC" or shown as "handicapped" or "disabled" parking, such handicap parking spaces shall be assigned subject to the rights of Residential Declarant (for so long as Residential Declarant owns a Unit primarily for the purposes of sale or lease) or the Residential Association (at such time when Residential Declarant no longer owns a Unit primarily for the purposes of sale or lease) requiring the Owner to whose Unit such handicap parking space has been assigned as a Residential Limited Common Element (hereinafter, the "Original Owner") to grant a license to use such handicap parking space to another Owner (hereinafter, the "Disabled Owner"), provided that (i) the Disabled Owner (or his or her Occupant) qualifies under applicable laws to use a handicap parking space in public facilities, (ii) the Disabled Owner provides the Original Owner with a license to use the Disabled Owner's parking space located in the Residential Condominium, and (iii) upon such time that the Disabled Owner (or his or her Occupant) no longer qualifies as provided in subsection (i) hereof, the licenses shall automatically expire and the Original Owner and the Disabled Owner shall use their respective, original parking spaces.

Vehicles permitted under this subparagraph may be parked only in designated, lined parking spaces, or other areas authorized in writing by the Residential Board of Directors.

Disabled and stored vehicles are prohibited from being parked on the Residential Condominium. For purposes hereof, a vehicle shall be considered "disabled" if it does not have a current license tag or is obviously inoperable. A vehicle shall be considered "stored" if it remains on the Residential Condominium without being driven for fourteen (14) consecutive days or longer without prior written permission of the Residential Board of Directors.

Boats, trailers, jet-skis and trailers for same, panel trucks, buses, trucks with a load capacity of one (1) ton or more, aU-terrain vehicles ("ATVs"), vans (excluding vans used by handicapped persons, mini-vans or utility vehicles used as passenger vehicles and receiving a "car" or ''passenger vehicle" classification by the Georgia Department of Motor Vehicles), recreational vehicles (RV's and motor homes), vehicles used primarily for commercial purposes, and vehicles with commercial writings on their exteriors other than Sheriffs, MarshaU's, or police officer's vehicles marked as such, are also prohibited from being parked on the Residential Condominium, except in areas that may be designated by the Residential Board of Directors as parking areas for particular types of vehicles. Notwithstanding the above, (i) trucks, vans, commercial vehicles and vehicles with commercial writings on their exteriors shall be allowed temporarily on the Residential Common Elements during normal business hours for the purpose of serving any Unit or the Residential Common Elements, provided, however, no such vehicle (unless belonging to an Occupant of a Live/Work Unit or Commercial Unit) shall remain on the Residential Common Elements overnight or for any purpose unless prior written consent of the Residential Board of Directors is first obtained; and (ii) vehicles used primarily for commercial purposes, and vehicles with commercial writings on their exteriors are not prohibited from being parked on the Residential Condominium, provided such belong to and are used by an Occupant of a Live/Work Unit or Commercial Units.

If any vehicle is parked on any portion of the Residential Condominium in violation of this Paragraph or in violation of the Residential Association's rules and regulations, the Residential Board of Directors or agent of the Residential Association may place a notice on the vehicle specifying the nature of the violation and stating that after twenty-four (24) hours the vehicle may be towed or booted. The notice shall include the name and telephone number of the person or entity that will do the towing or booting and the name and telephone number of a person to contact regarding the alleged violation. If twenty-four (24) hours after such notice is placed on the vehicle the violation continues or thereafter occurs again within six (6) months of such notice, the Residential Board of Directors or agent of the Residential Association may have the vehicle towed or booted in accordance with the notice, without further notice to the Owner or user of the vehicle.

If a vehicle is parked in a fire lane, is blocking another vehicle or access to another Owner's Unit or parking space, is obstructing the flow of traffic, is parked on another Component, is parked in a parking space that has been assigned as exclusively serving another Unit, or otherwise creates a hazardous condition, no notice shall be required and the Board of Directors or agent of the Residential Association may have the vehicle towed immediately. If a vehicle is towed in accordance with this subparagraph, neither the Residential Association nor any officer or agent of the Residential Association shall be liable to any person for any claim of damage as a result of the towing activity. Notwithstanding anything to the contrary herein, the Residential Board of Directors may elect to impose fines or use other available sanctions, rather than exercise its authority to tow or boot.

    Heating and Cooling of Units. In order to prevent breakage of water pipes during colder months of the year and growth of mold and mildew during warmer months of the year resulting in damage to any portion of the Condominium, increased Common Expenses, and increased insurance premiums or cancellation of insurance policies due to numerous damage claims, the thermostats within the Units shall be maintained at a setting of no less than fifty-five degrees (55°) Fahrenheit and no more than seventy-eight degrees (78°) Fahrenheit (except during power failures or periods when heating equipment is broken). Owners and Occupants of Units shall take all steps possible on a timely basis to keep heating and cooling equipment, including, but not limited to, the thermostat, in good working order and repair. The Residential Board of Directors may fine any Owner or Occupant and/or may cause the water service to the violator's Unit to be discontinued for violation of this subparagraph, in addition to any other remedies of the Association.

    Signs. Except as may be provided for herein or as may be required by legal proceedings, and except for signs which may be erected by Residential Declarant related to the development and sale of Units, no signs, advertising posters, flyers, political placards or billboards of any kind shall be erected, placed, or permitted to remain on the Residential Condominium without the prior written consent of the MACC or its designee. Notwithstanding anything to the contrary herein, the Owner or Occupant of a Live/Work Unit may erect one (1) sign, not to exceed twelve (12) inches by twelve (12) inches in size, identifying the business conducted inside the Live/Work Unit, provided such sign is attached to but not overhanging the patio assigned to such Unit as a Master Limited Common Element and does not consist of neon or flashing lights.

As part of the Residential Common Elements maintained by the Residential Association, Residential Declarant and/or the Residential Board shall have the right, but not the obligation, to erect on the Residential Condominium a monument sign identifying the businesses operated in the Live/Work Units, subject to prior approval from the MACC. At the request and cost of the Owner of a Live/Work Unit, the Residential Association shall change the name on the monument sign of the business operated in such Owner's Live/Work Unit. The costs of the maintenance of such monument sign may be specifically assessed against the Live/Work Units identified on such monument.

    Rubbish, Trash, and Garbage. All rubbish, trash and garbage shall be regularly removed from a Unit and shall not be allowed to accumulate therein. No rubbish, trash or garbage shall be placed on the Residential Common Elements (except for those portions of the Residential Common Elements designated as recycling areas) or Residential Limited Common Elements outside of the Unit, temporarily or otherwise, and shall be moved to the Residential Condominium trash facilities for collection, or otherwise removed from the Residential Condominium by an Owner or Occupant. Notwithstanding anything to the contrary stated herein, only reasonable amounts of ordinary household trash shall be disposed of in sealed trash bags (not greater than 13-gallon trash bags) and placed in the trash chute. Cardboard boxes and other large bulky items that do not fit within a 13-gallon trash bag shall be moved to the Residential Condominium trash facilities for collection, or otherwise removed from the Condominium by an Owner or Occupant. All Owners and Occupants shall refrain from using the trash chute between the hours of 10:00 p.m. and 8:00 a.m. In addition, all Owners and Occupants acknowledge that use of the trash chute may create noise and vibration, and that such noise and vibration shall not constitute an interference or disruption to the use and quiet enjoyment of a Unit.

    Unsightly or Unkempt Conditions. The pursuit of hobbies or other activities, including, but not limited to the assembly and disassembly of motor vehicles and other mechanical devices, which might tend to cause disorderly, unsightly, or unkempt conditions, shall not be pursued or undertaken on any part of the Residential Condominium. Clothing, bedding, rugs, mops, appliances, indoor furniture, and other household items shall not be placed or stored outside the Unit

    Grilling. The use of outdoor grills on any portion of the Building, including without limitation, patios or balconies is prohibited; provided, however, Owners and Occupants are permitted to use grills located on the Residential Common Elements that were provided by Residential Declarant or the Residential Association, if any.

    Window Treatments. Unless approved by the MACC and Residential Board in accordance with Paragraph 13 hereof, the color of all window treatments visible from outside the Unit must be the color white or off-white, or shall be naturally stained wood. Bed sheets, paper, and foil shall not be used as window treatments.

    Antennas and Satellite Dishes. Except as provided below, no satellite dish, antenna or other device for the transmission or reception of television signals, radio signals or any form of electromagnetic wave or radiation shall be erected, used or maintained on any portion of the Residential Condominium, including the Unit or Residential Limited Common Elements; provided, however, the Master Association shall have the right to erect, construct and maintain such devices. The following shall apply to all Owners:

    No transmission antenna, of any kind, may be erected anywhere on the Condominium, including the Units, without written approval of the Master Association.

    No direct broadcast satellite (DBS) antenna or multi-channel multi-point distribution service (MMDS) antenna larger than one meter in diameter shall be placed, allowed or maintained upon the Residential Condominium, including the Units and the Residential Limited Common Elements.

    DBS and MMDS satellite dishes or antennas one meter or less in diameter and television broadcast service antennas may only be installed in accordance with Federal Communication Commission (FCC) rules and the rules and regulations of the Master Association, both as may be amended from time to time.

In the event of a transfer of the Unit which includes a satellite dish or antenna, the grantee shall assume all responsibility for the satellite dish or antenna and shall comply with this Declaration, the Bylaws and the rules and regulations regarding satellite dishes and antennas, including, but not limited to, those requirements relating to maintenance and removal of satellite dish or antenna.

    Abandoned Personal Property. Personal property, other than vehicles as provided for in subparagraph (i) shall not be kept, or allowed to remain for more than twenty-four (24) hours upon any portion of the Residential Common Elements, other than on a Residential Limited Common Element, without prior written permission of the Residential Board of Directors. If the Master Association or an agent of the Master Association determines that a violation exists, then, not less than two (2) days after written notice is placed on the personal property and/or on the front door of the property owner's Unit, if known, the Master Association or its agent may remove and either discard or store the personal property in a location which the Master Association may determine and shall have no obligation to return, replace or reimburse the owner of the property. The notice shall include the name and telephone number of the Person or entity that will remove the property and the name and telephone number of a Person to contact regarding the alleged violation.

The Master Association or its agent, in their discretion, may determine that an emergency situation exists and may exercise its removal rights hereunder without prior notice to the property owner; provided, ilOwever, in such case, the Master Association shall give the property owner, if known, notice of the removal of the property and the location of the property within three (3) days after the property is removed.

Neither the Master Association nor any officer or agent thereof shall be liable to any Person for any claim of damage resulting from the removal activity in accordance herewith. The Master Association may elect to impose fines or use other available remedies, rather than exercise its authority to remove property hereunder.

    Replacing Flooring Material. Other than Residential Declarant, no Owner, Occupant, or any other Person may replace any flooring material without first obtaining written approval of the MACC, which shall not be unreasonably withheld, as set forth in Paragraph 13. Among other factors, the MACC may consider whether the change will cause noise to any Unit below which will exceed the average noise level in Units below Units with carpeted floors and that the weight of such proposed flooring is appropriate and will not cause problems to the structure or subflooring.

The Owner applying for such approval shall provide the MACC with information regarding these factors, as well as other information requested by the MACC regarding the proposed flooring and its effect; provided, however, the noise level requirements shall be considered to be met if the Owner provides a sound transmission test that the proposed flooring will create a noise level less than a standard level set by reasonable regulation of MACC.

    Sale Period. Notwithstanding any provisions contained in this Residential Declaration to the contrary, during the period of the sale of the Units it shall be expressly permissible for Residential Declarant, its contractors, agents, employees, assigns and representatives, to maintain and carry on, upon such portion of the Residential Condominium as Residential Declarant may deem necessary, such facilities and activities as in the sole opinion of Residential Declarant may be reasonably required, convenient or incidental to the completion and sale of the Units, including, but without limitation, business offices, signs, model Units and sales offices. The right to maintain and carry on such facilities and activities shall include specifically the right to use the parking facilities on the Residential Condominium for such purposes and to use the Units owned by Residential Declarant as model Units and as offices for the sale of the Units and related activities.

    Move In/Move Out. A Unit Owner or Occupant shall not move furniture, personal property, construction materials, and other over-sized items in or out of the Residential Condominium except during such hours and according to requirements to be determined by the Master Board of Directors. Furthermore, a Unit Owner or Occupant shall reserve a date and time with the Master Board of Directors to use the elevators and loading docks for moving furniture, personal property, construction materials, and other over-sized items in or out of the Residential Condominium, and during such use of the elevators, the walls of the elevators being used for such purpose shall be covered with padded blankets. The Master Board of Directors, in its sole discretion, may require a non-refundable security deposit prior to using an elevator for moving furniture, construction materials or other over-sized items. The Master Board of Directors shall also be authorized to approve movers and/or moving companies that require access to the Residential Condominium for the purpose of moving furniture, construction materials, and other over-sized items, on behalf of a Unit Owner or Occupant, in or out of the Residential Condominium, and such consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding anything to the contrary stated herein, a Unit Owner or Occupant shall not leave unattended any furniture, personal property, construction materials, and other over-sized items on any portion of the Master Common Elements or Residential Common Elements for any period of time.

    Life-Safety Systems. Owners and Occupants shall not tamper with or disengage any portion ofthe Life-safety Systems that serve the Residential Condominium including, without limitation, the sprinkler heads and all branch and feed lines that support such sprinkler heads, and all fire control devices (such as smoke detectors and call boxes), regardless of whether such items are located within the boundaries of a Unit.

    Water Beds. No waterbeds shall be kept in the Unit, without first obtaining the written approval of the MACC.

    Leasing.

    In order to preserve the character of the Residential Condominium as predominantly owner-occupied, and to comply with the eligibility requirements for financing in the secondary mortgage market, the leasing of Units shall be governed by the restrictions imposed by this Paragraph. Except as provided herein, the leasing of Units shall be prohibited. "Leasing," for the purposes of this Residential Declaration, is defined as regular, exclusive occupancy of a Unit by any Person other than the Owner. For purposes hereof, occupancy by a roommate of an Owner who occupies the Unit as such Owner's primary residence shall not constitute Leasing hereunder.

    Leasing of Live/Work Units and Residential Units.

    General. An Owner desiring to lease his or her Live/Work Unit or Residential Unit may do so only if the Owner has applied for and received from the Residential Board of Directors either a "Leasing Permit" or a "Hardship Leasing Permit." Such a permit, upon its issuance, will allow an Owner to lease his or her Live/Work Unit or Residential Unit provided that such Leasing is in strict accordance with the terms of the permit and this Paragraph. The Residential Board of Directors shall have the authority to establish conditions as to the duration and use of such permits consistent with this Paragraph. All Leasing Permits and Hardship Leasing Permits shall be valid only as to a specific Owner Unit and shall not be transferable between either Units or Owners, but shall be transferable to successors in title to the same Unit.

    Leasing Permits. The request of a Person who has entered into a binding purchase and sale agreement to acquire a Live/Work Unit or Residential Unit or of an Owner for a Leasing Permit for a Live/Work Unit or Residential Unit shall be approved if current, outstanding Leasing Permits have not been issued for more than twenty-five percent (25%) of the total number of Live/Work Units and Residential Units. A Leasing Permit shall be automatically revoked upon the happening of any of the following events: (A) the failure of a purchaser to close on the acquisition of the Live/Work Unit or Residential Unit as contemplated in the purchase and sale agreement for any reason whatsoever; (B) the failure of an Owner to lease his or her Unit within ninety (90) days of the Leasing Permit having been issued or the failure of a purchaser to lease his or her Unit within ninety (90) days after the date of the closing of the Unit; (C) the failure of an Owner to have his or her Unit leased for any consecutive ninety (90) day period thereafter; (D) the Unit is marketed for sale (including but, not limited to, listing the Unit or advertising the Unit for sale in any real estate listing service and/or publication, on any online electronic medium and on any newspaper, radio, television or any other medium for advertising) unless there is an existing binding lease agreement for the Unit at the time; (E) the transfer or conveyance of the Unit to a third party unless there is an existing binding lease agreement for the Unit at the time of the transfer or conveyance; or (F) the occurrence of the date referenced in a written notification by the Owner to the Residential Association that the Owner will, as of said date, no longer need the Leasing Permit. If current Leasing Permits have been issued for more than twenty-five percent (25%) of the total number of Live/Work Units and Residential Units, no additional Leasing Permits shall be issued (except for Hardship Leasing Permits) until the number of outstanding current Leasing Permits falls below twenty-five percent (25%) of the total number of Live/Work Units and Residential Units. Owners and purchasers who have entered into a binding purchase and sale agreement to acquire a Live/Work Unit or Residential Unit who have been denied a Leasing Permit shall automatically be placed on a waiting list for a Leasing Permit and shall be issued the same if they so desire when the number of current outstanding Leasing Permits issued falls to twenty-five percent (25%) or less of the total number of Live/Work Units and Residential Units. The issuance of a Hardship Leasing Permit to an Owner shall not cause the Owner to be removed from the waiting list for a Leasing Permit.

    Hardship Leasing Permits. If the failure to lease will result in a hardship, the Owner of a Live/Work Unit or Residential Unit may seek to lease on a hardship basis by applying to the Residential Board of Directors for a Hardship Leasing Permit. The Residential Board of Directors shall have the authority to issue or deny requests for Hardship Leasing Permits in its discretion after considering the following factors: (A) the nature, degree, and likely duration of the hardship, (B) the harm, if any, which will result to the Residential Condominium if the permit is approved, (C) the number of Hardship Leasing Permits which have been issued to other Owners, (D) the Owner's ability to cure the hardship, and (E) whether previous Hardship Leasing Permits have been issued to the Owner. A "hardship" as described herein shall include, but not be limited to the following situations: (X) an Owner must relocate his or her residence outside the greater Atlanta metropolitan area and cannot, within six (6) months from the date that the Unit was placed on the market, sell the Unit except at a price below the current appraised market value, after having made reasonable efforts to do so; (Y) where the Owner dies and the Unit is being administered by his or her estate; and (Z) the Owner takes a leave of absence or temporarily relocates and intends to return to reside in the Unit. Hardship Leasing Permits shall be valid for a term not to exceed one (1) year. Owners may apply for additional Hardship Leasing Permits. Hardship Leasing Permits shall be automatically revoked if during the term of the permit, the Owner is approved for and receives a Leasing Permit.

    Leasing Provisions. Leasing which is authorized, pursuant to permit, hereunder shall be governed by the following provisions:

    Notice. At least seven (7) days prior to entering into the lease of a Live/Work Unit or Residential Unit, the Owner shall provide the Residential Board with a copy of the proposed lease agreement. The Residential Board shall approve or disapprove the form of said lease. In the event a lease is disapproved, the Residential Board shall notify the Owner of the requisite action to be taken in order to bring the lease in compliance with the Residential Declaration and any rules and regulations adopted pursuant thereto.

    General. Live/Work Units and Residential Units may be leased only in their entirety; no fraction or portion may be leased without prior written Residential Board approval. All leases shall be in writing and in a form approved by the Residential Board prior to the effective date of the lease. The Residential Board may maintain and, upon request, provide a form that is deemed acceptable. There shall be no subleasing of Units or assignment of leases without prior written Residential Board approval. All leases must be for an initial term of not less than one (1) year, except with written Residential Board approval, which shall not be unreasonably withheld in cases of undue hardship. Within ten (10) days after executing a lease agreement for the lease of a Live/Work Unit or Residential Unit, the Owner shall provide the Residential Board with a copy of the lease and the name of the lessee and all other people occupying the Unit. The Owner must provide at Owner's sole expense the lessee copies of the Master and Residential Declarations as well as the Master and Residential Associations' Bylaws, and the rules and regulations. Nothing herein shall be construed as giving the Residential Association the right to approve or disapprove a proposed lessee; the Residential Board's approval or disapproval shall be limited to the form of the proposed lease.

    Liability for Assessments. Use of Residential Common Elements, and Compliance with Declaration, Bylaws, and Rules and Regulations. Each Owner covenants and agrees that any lease of a Live/Work Unit or Residential Unit shall contain the following language and agrees that if such language is not expressly contained therein, then such language shall be incorporated into the lease by existence of this covenant, and the lessee, by occupancy of the Live/Work Unit or Residential Unit, agrees to the applicability of this covenant and incorporation of the following language into the lease:

    Compliance with Declaration, Bylaws, and Rules and Regulations. The lessee shall comply with all provisions of the Master Declaration, Master Bylaws, Residential Declaration, Residential Bylaws, and all rules and regulations adopted pursuant thereto and shall control the conduct of all other Occupants and guests of the leased Live/Work Unit or Residential Unit in order to ensure such compliance. The Owner shall cause all Occupants of his or her Unit to comply with the Master Declaration, Master Bylaws, Residential Declaration, Residential Bylaws, and all rules and regulations adopted pursuant thereto, and shall be responsible for all violations by such Occupants, notwithstanding the fact that such Occupants of the Unit are fully liable and may be sanctioned for any such violation. If the lessee, or a Person living with the lessee, violates the Master Declaration, Master Bylaws, Residential Declaration, Residential Bylaws, or any rules and regulations adopted pursuant thereto for which a fine is imposed, notice of the violation shall be given to the Owner and the lessee, and such fine may be assessed against the lessee in accordance with Article V of the Residential Bylaws. If the fine is not paid by the lessee within the time period set by the Residential Board, the Owner shall pay the fine upon notice from the Residential Association of the lessee's failure to pay the fine. Unpaid fines shall constitute a lien against the Live/Work Unit or Residential Unit.

Any violation of the Master Declaration, Master Bylaws, Residential Declaration, Residential Bylaws, or any rules and regulations adopted pursuant thereto by the lessee, any Occupant, or any guest of lessee, is deemed to be a default under the terms of the lease and authorizes the Owner to terminate the lease without liability and to evict the lessee in accordance with Georgia law. The Owner hereby delegates and assigns to the Master and Residential Associations, acting through their Boards, the power and authority of enforcement against the lessee for breaches resulting from the violation of the Master Declaration, Master Bylaws, Residential Declaration, Residential Bylaws, or any rules and regulations adopted pursuant thereto, including the power and authority to evict the lessee as attorney-in-fact on behalf and for the benefit of the Owner, in accordance with the terms hereof. If the Master Association or Residential Association proceeds to evict the lessee, any costs, including reasonable attorneys' fees actually incurred and court costs associated with the eviction shall be an assessment and lien against the Unit.

    Use of Residential Common Elements. The Owner transfers and assigns to the lessee, for the term of the lease, any and all rights and privileges that the Owner has to use the Residential Common Elements, including but not limited to, the use of any and all recreational facilities and other amenities.

    Liability for Assessments. When an Owner who is leasing his or her Live/Work Unit or Residential Unit fails to pay any annual or special assessment or any other charge for a period of more than thirty (30) days after it is due and payable, then the delinquent Owner hereby consents to the assignment of any rent received from the lessee during the period of delinquency, and, upon request by the Residential Board, lessee shall pay to the Residential Association all unpaid annual and special assessments and other charges payable during and prior to the term of the lease and any other period of occupancy by lessee. However, lessee need not make such payments to the Residential Association in excess of or prior to the due dates for monthly rental payments unpaid at the time of the Residential Board's request. All such payments made by lessee shall reduce, by the same amount, lessee's obligation to make monthly rental payments to lessor. If lessee fails to comply with the Residential Board's request to pay assessments or other charges, lessee shall pay to the Residential Association all amounts authorized under the Residential Declaration as if lessee were an Owner. The above provision shall not be construed to release the Owner from any obligation, including the obligation for assessments, for which he or she would otherwise be responsible.

    Leasing of Commercial Units. The Commercial Units may be leased for only those purposes permitted for the Commercial Units as set forth in Paragraph 14(a) above and shall be subject to the following provisions.

    Liability for Assessments, Use of Common Elements, and Compliance with Declaration, Bylaws, and Rules and Regulations. Each Owner of a Commercial Unit covenants and agrees that any lease of a Commercial Unit shall contain the following language and agrees that if such language is not expressly contained therein, then such language shall be incorporated into the lease by existence of this covenant, and the lessee, by occupancy of the Commercial Unit, agrees to the applicability of this covenant and incorporation of the following language into the lease:

    Compliance with Declaration, Bylaws, and Rules and Regulations. The lessee shall comply with all provisions of the Master Declaration, Master Bylaws, Residential Declaration, Residential Bylaws, or any rules and regulations adopted pursuant thereto and shall control the conduct of all other Occupants and guests of the leased Commercial Unit in order to ensure such compliance. The Owner of a Commercial Unit shall cause all Occupants of its Commercial Unit to comply with the Master Declaration, Master Bylaws, Residential Declaration, Residential Bylaws, or any rules and regulations adopted pursuant thereto, and shall be responsible for all violations by such Occupants, notwithstanding the fact that such Occupants of the Commercial Unit are fully liable and may be sanctioned for any such violation. If the lessee, or a Person living with the lessee, violates the Master Declaration, Master Bylaws, Residential Declaration, Residential Bylaws, or any rules and regulations for which a fine is imposed, notice of the violation shall be given to the Owner of a Commercial Unit and the lessee, and such fine may be assessed against the lessee in accordance with Article V of the Bylaws. If the fine is not paid by the lessee within the time period set by the Board, the Owner shall pay the fine upon notice from the Association of the lessee's failure to pay the fine. Unpaid fines shall constitute a lien against the Commercial Unit.

Any violation of the Master Declaration, Master Bylaws, Residential Declaration, Residential Bylaws, or any rules and regulations adopted pursuant thereto by the lessee, any Occupant, or any guest of lessee, is deemed to be a default under the terms of the lease and authorizes the Owner to terminate the lease without liability and to evict the lessee in accordance with Georgia law. The Owner hereby delegates and assigns to the Master Association and Residential Association, acting through their Boards, the power and authority of enforcement against the lessee for breaches resulting from the violation of the Master Declaration, Master Bylaws, Residential Declaration, Residential Bylaws, or any rules and regulations adopted pursuant thereto, including the power and authority to evict the lessee as attorney-in-fact on behalf and for the benefit of the Owner, in accordance with the terms hereof. If the Mater Association or Residential Association proceeds to evict the lessee, any costs, including reasonable attorneys' fees actually incurred and court costs, associated with the eviction shall be an assessment and lien against the Commercial Unit.

    Use of Residential Common Elements. The Owner of a Commercial Unit transfers and assigns to the lessee, for the term of the lease, any and all rights and privileges that the Owner of a Commercial Unit has to use the Residential Common Elements, including but not limited to, the use of any and all recreational facilities and other amenities.

    Liability for Assessments. When an Owner of a Commercial Unit who is leasing his or her Commercial Unit fails to pay any annual or special assessment or any other charge for a period of more than thirty (30) days after it is due and payable, then the delinquent Owner of the Commercial Unit hereby consents to the assignment of any rent received from the lessee during the period of delinquency, and, upon request by the Residential Board, lessee shall pay to the Residential Association all unpaid annual and special assessments and other charges payable during and prior to the term of the lease and any other period of occupancy by lessee. However, lessee need not make such payments to the Residential Association in excess of or prior to the due dates for, monthly rental payments unpaid at the time of the Residential Board's request. All such payments made by lessee shall reduce, by the same amount, lessee's obligation to make monthly rental payments to lessor. If lessee fails to comply with the Residential Board's request to pay assessments or other charges, lessee shall pay to the Residential Association all amounts authorized under this Residential Declaration as if lessee were an Owner. The above provision shall not be construed to release the Owner of the Commercial Unit from any obligation, including the obligation for assessments, for which he or she would otherwise be responsible.

    Applicability of this Paragraph. Notwithstanding the above, this Paragraph shall not apply to any leasing transaction entered into by Residential Declarant (regardless of whether said lease is entered into prior to or after the expiration of the Residential Declarant Control Period), the Residential Association, or the holder of any first Mortgage on a Unit who becomes the Owner of a Unit through foreclosure or any other means pursuant to the satisfaction of the indebtedness secured by such Mortgage; provided, however, the Residential Declarant or holder of any first Mortgage which leases a Unit must still provide the name, address and telephone number of the Person to whom the Unit is being leased. Such parties shall be permitted to lease a Unit without first obtaining a permit in accordance with this Paragraph, and such Units shall not be considered as being leased in determining the maximum number of Units that may be leased in accordance with this Paragraph.

    Transfer or Sale of Units.

An Owner intending to make a transfer or sale of a Unit or any interest in a Unit shall give written notice to the Residential Board of Directors of such intention within seven (7) days after execution of the purchase agreement (in the case of the purchase of a Unit) or transfer or sales documents (in the case of the conveyance of a Unit without a purchase of said Unit). The Owner shall furnish to the Residential Board of Directors as part of the notice (i) the name and address of the intended grantee; and (ii) such other information as the Residential Board of Directors may reasonably require. In addition, the purchase agreement or transfer documents shall attach a copy of the Master Association Declaration and Bylaws, as well as the Residential Association Declaration and Bylaws. This Paragraph shall not be construed to create a right of first refusal in the Residential Association, Master Association, or in any third party.

In addition, a non-refundable contribution to the working capital fund of the Residential Association shall be paid to the Residential Association by the purchaser of a Unit at the closing of each sale or resale of a Unit in the amount of two (2) months of the general assessment charges to such Unit in accordance with Paragraph 10(i) hereof.

Within seven (7) days after receiving title to a Unit, the new Owner of the Unit shall give written notice to the Residential Board of Directors of his or her ownership of the Unit. Upon failure of a Unit Owner to give the required notice within the seven (7) day time period provided herein, the Residential Board may levy fines against the Unit and the Owner thereof, and assess the Owner for all costs incurred by the Residential Association in determining his or her identity.

    Maintenance Responsibility.

    By the Owner. Each Owner shall have the obligation to maintain and keep in good repair all portions of his or her Unit and all Residential Limited Common Elements assigned to the Unit except any portion of a Unit and/or Residential Limited Common Element that is expressly made the maintenance obligation of the Residential Association as set forth in subparagraph (b) below or as expressly provided otherwise in the Master Declaration. This maintenance responsibility shall include, but not be limited to the following: all exterior glass surfaces (excluding exterior cleaning, with the exception of the glass surfaces located adj adjacent to a Residential Limited Common Element balcony or patio), casings and locks (including interior caulking of the window wall system); all doors, doorways, door frames, and hardware that are part of the entry system of the Unit (except for periodic painting, staining and/or cleaning of the exterior surface of entry doors and door frames of the Condominium); all portions of the heating and air conditioning system, including the air conditioning compressor and the fan coil serving the Unit; and all pipes, lines, ducts, conduits, or other apparatus that serve only the Unit, whether located within or without a Unit's boundaries (including all electricity, water, sewer, or air conditioning pipes, lines, ducts, conduits, or other apparatus serving only the Unit).

In addition, each Owner shall have the responsibility:

    to keep in a neat, clean and sanitary condition any Residential Limited Common Elements serving his or her Unit;

    to perform his or her responsibilities in such manner so as not to unreasonably disturb other persons in other Units;

    to promptly report to the Residential Association or its agent any defect or need for repairs, for which the Residential Association is responsible; and

    to pay for the cost of repairing, replacing or cleaning up any item that is the responsibility of the Owner but which responsibility such Owner fails or refuses to discharge (which the Residential Association shall have the right, but not the obligation, to do), or to pay for the cost of repairing, replacing, or cleaning up any item which, although the responsibility of the Residential Association, is necessitated by reason of the willful or negligent act of the Owner, his or her family, tenants or guests, with the cost thereof to be added to and become part of the Owner's next chargeable assessment.

    By the Residential Association. The Residential Association shall maintain and keep in good repair as a Common Expense the "Area of Common Responsibility," which includes the following:

    all Residential Common Elements, including, but not limited to, the Residential Limited Common Elements assigned to a Unit; provided, however, the cost of maintenance and repair of a Residential Limited Common Element may be assessed against the Owner of the Unit to which the Residential Limited Common Element is assigned under subparagraph 8(b)(i);

    periodic painting, staining, caulking and/or cleaning of exterior surfaces of the Residential Condominium, exterior window frames, and entry doors and door frames facing the hallways of the Residential Condominium, on a schedule to be determined by the Residential Board of Directors; and

    periodic cleaning of the exterior glass surfaces (excluding the glass surfaces located adjacent to a Residential Limited Common Element balcony or patio) on a schedule to be determined by the Residential Board of Directors.

    The Residential Association may be relieved of all or any portion of its maintenance responsibilities herein to the extent that (i) such maintenance responsibility is otherwise assumed by or assigned to an Owner or the Master Association, or (ii) such property is dedicated to any local, state or federal government or quasi-governmental entity; provided, however, that in connection with such assumption, assignment or dedication, the Residential Association may reserve or assume the right or obligation to continue to perform all or any portion of its maintenance responsibilities, if the Residential Board of Directors determined that such maintenance is necessary or desirable.

Subject to the maintenance responsibilities herein provided, any maintenance or repair performed on or to the Residential Common Elements by an Owner or Occupant that is the responsibility of the Residential Association hereunder (including, but not limited to landscaping of Residential Common Elements) shall be performed at the sole expense of such Owner or Occupant, and the Owner or Occupant shall not be entitled to reimbursement from the Residential Association even if the Residential Association accepts the maintenance or repair.

The Residential Association shall repair incidental damage to any Unit resulting from performance of work that is the responsibility of the Residential Association. As finish levels can have varying degrees, such repairs will be complete only to the extent of being "paint-ready". Such repair and subsequent cleaning shall be performed based on a reasonableness standard. In performing its responsibilities hereunder, the Residential Association shall have the authority to delegate to such persons, firms or corporations of its choice such duties as are approved by the Residential Board of Directors.

The Residential Association shall not be liable for injury or damage to person or property caused by the elements or by the Owner of any Unit, or any other Person, or resulting from any utility, rain, snow or ice that may leak or flow from any portion of the Residential Common Elements or from any pipe, drain, conduit, appliance or equipment that the Residential Association is responsible to maintain hereunder, except for injuries or damages arising after the Owner of a Unit has put the Residential Association on notice of a specific leak or flow from any portion of the Residential Common Elements and the Residential Association has failed to exercise due care to correct the leak or flow within a reasonable time thereafter. The Residential Association shall not be liable to the Owner of any Unit or such Owner' s Occupant, guest, or family, for loss or damage, by theft or otherwise, of any property that may be stored in or upon any of the Residential Common Elements. The Residential Association shall not be liable to any Owner, or any Owner's Occupant, guest or family for any damage or injury caused in whole or in part by the Residential Association's failure to discharge its responsibilities under this Paragraph where such damage or injury is not a foreseeable, natural result of the Residential Association's failure to discharge its responsibilities. No diminution or abatement of assessments shall be claimed or allowed by reason of any alleged failure of the Residential Association to take some action or perform some function required to be taken or performed by the Residential Association under this Residential Declaration, or for inconvenience or discomfort arising from the making of repairs or improvements that are the responsibility of the Residential Association, or from any action taken by the Residential Association to comply with any law, ordinance, or with any order or directive of any municipal or other governmental authority.

    Failure to Maintain. If the Residential Board of Directors determines that any Owner has failed or refused to discharge properly his or her obligation with regard to the maintenance, repair, or replacement of items of which he or she is responsible hereunder, then, the Residential Association shall give the Owner written notice of the Owner' s failure or refusal and of the Residential Association's right to provide necessary maintenance, repair, or replacement at the Owner's cost and expense. The notice shall set forth with reasonable particularity the maintenance, repair, or replacement deemed necessary by the Residential Board of Directors.

Unless the Residential Board of Directors determines that an emergency exists, the Owner shall have ten (10) days within which to complete maintenance or repair, or if the maintenance or repair is not capable of completion within such time period, to commence replacement or repair within ten (10) days. If the Residential Board determines that: (i) an emergency exists or (ii) that an Owner has not complied with the demand given by the Residential Association as herein provided, then the Residential Association may provide any such maintenance, repair, or replacement at the Owner's sole cost and expense, and such costs shall be added to and become a part of the assessment to which such Owner is SUbject. shall become and be a lien against the Unit, and shall be collected as provided herein for the collection of assessments.

If the Residential Board of Directors determines that the need for maintenance or repair is in the Area of Common Responsibility and is caused through the willful or negligent act of any Owner, or Occupant or their family, guests, lessees, or invitees, then the Residential Association may assess the cost of any such maintenance, repair, or replacement against the Owner's or Occupant's Unit, shall become a lien against the Unit, and shall be collected as provided herein for the collection of assessments.

    Measures Related to Insurance Coverage.

    The Residential Board of Directors. upon resolution, shall have the authority to require all or any Owner(s) to do any act or perform any work involving portions of the Condominium that are the maintenance responsibility of the Owner, which will. in the sole discretion of the Residential Board of Directors, decrease the possibility of fire or other damage in the Condominium, reduce the insurance premium paid by the Residential Association or Master Association for any insurance coverage or otherwise assist the Residential Association or Master Association in procuring or maintaining such insurance coverage. This authority shall include, but need not be limited to, requiring Owners to install and maintain smoke detectors, requiring Owners to certify that they have checked the batteries for their smoke detectors, requiring Owners to allow the Residential Association and Master Association to inspect the smoke detectors and replace batteries if needed on a schedule to be determined by the Residential Association or Master Association's Board of Directors, requiring Owners to make improvements to the Owner's Unit, and such other measures as the Residential Association or Master Association's Board of Directors may reasonably require so long as the cost of such work does not exceed Three Hundred Dollars ($300) per Unit in any twelve (12) month period.

    In addition to, and not in limitation of, any other rights the Residential Association may have, if any Owner does not comply with any requirement made by the Residential Board of Directors pursuant to subparagraph (d)(i) above, the Residential Association, upon fifteen (15) days written notice (during which period the Owner may perform the required act or work without further liability), may perform such required act or work at the Owner's sole cost. Such cost shall be an assessment and a lien against the Unit as provided herein. The Residential Association shall have all rights necessary to implement the requirements mandated by the Residential Board of Directors pursuant to subparagraph (d)(i) of this Paragraph, including, but not limited to, a right of entry during reasonable hours and after reasonable notice to the Owner or Occupant of the Unit, except that access may be had at any time without notice in an emergency situation.

    Mold and/or Mildew. Mold, mildew, fungi and microbiological organisms (collectively, "Mold"), are present in soil, air and elsewhere in the environment. Mold can proliferate in various environments, including, among others, damp areas such as bathrooms and within walls and partitions. Concerns have been expressed about the possible adverse effects on human health from exposure to Mold. According to the Consumer Product Safety Commission and the American Lung Association, some diseases or illnesses have been linked with biological pollutants in the indoor environment, including some forms of Mold. However, it is believed that many of these conditions may also have causes unrelated to the indoor environment. Therefore, as of the date of this Residential Declaration, it is unknown how many potential health problems relate primarily or exclusively to indoor air quality or Mold. Residential Declarant, the Master Association, and the Residential Association are not qualified and have not undertaken to evaluate all aspects of this very complex issue. Residential Declarant, the Master Association, and the Residential Association have not performed any testing or evaluation of, and make no representations or warranties, express or implied, concerning the past, current or future presence or absence of Mold in the Unit, any Residential Limited Common Elements allocated to the Unit, any unfinished perimeter walls, or any other Residential Common Elements or within the vicinity of the Residential Condominium. Residential Declarant, the Master Association, and the Residential Association recommend that each Owner, at the Owner's expense conduct its own investigation and consult with such experts as the Owner deems appropriate regarding the occurrence and effects of Mold, the potential sensitivity or special risk the Owner, his or her family members, and others individuals, who will occupy or use the Unit.

When excessive moisture or water accumulates indoors, Mold growth can and will occur, particularly if the moisture problem remains unaddressed. There is no practical way to eliminate all Mold in an indoor environment. The key to controlling indoor Mold growth is to control moisture. Each Owner shall maintain the Unit in such a manner as to reduce the potential for increased Mold formation or growth, including, without limitation, keeping dryer and other vents and/or fans clear and functioning and preventing and repairing plumbing, window and other leaks and sources of moisture. Each Owner shall conduct periodic inspections of the Unit, Residential Limited Common Elements assigned to the Unit, and any other portion of the Residential Condominium for which the Owner is responsible to maintain, for the presence of Mold or conditions which may increase the ability of Mold to propagate within the Unit or other portions of the Residential Condominium. Furthermore, each Owner shall monitor the Unit, and any other portion of the Residential Condominium for which the Owner is responsible to maintain, on a continual basis for excessive moisture, water or Mold accumulation. If water or moisture is discovered in or around the Unit, the Owner shall immediately seek to eliminate the source of the water or moisture. Failure to eliminate the source of moisture can result in additional damage and the growth of Mold. Residential Declarant will not be responsible for damages, and each Owner, by taking title to a Unit, hereby waives all rights to damages and subrogation of damages. Each Owner shall indemnify Residential Declarant and the Residential Association and hold Residential Declarant and the Residential Association harmless from damages, including all cases of personal injury or property damage, caused by the presence of Mold and/or water or moisture in the Unit or other portions of the Residential Condominium to the extent that the damages are caused by: (i) the Owner's negligence or failure to properly maintain and monitor the Unit or other portions of the Residential Condominium for which the Owner is responsible for maintaining, or (ii) the Owner's failure to promptly take appropriate corrective measures and minimize any damage caused by water or moisture (including, without limitation, failure to promptly notify and engage the help of appropriate professionals or experts).

    Inspection, Maintenance, Repair and Replacement of a High-Risk Component. The Residential Board may, from time to time, after notice to all Owners and an opportunity for members comment, determine that certain portions of a Unit required to be maintained by the Owners, or certain objects or appliances within a Unit, pose a particular risk of damage to other Units and/or the Residential Common Elements if they are not properly inspected, maintained, repaired or replaced. By way of example, but not limitation, these portions, objects or appliances may include smoke detectors and water heaters. Those items determined by the Residential Board to pose such a particular risk are referred to herein as a "High-Risk Component." The Residential Board may require one or more of the following with regard to a High-Risk Component:

    that it be inspected at specified intervals by a representative of the Residential Association or by an inspector(s) designated by the Residential Board;

    that it be replaced or repaired at specified intervals, or with reference to manufacturers' warranties, whether or not the individual component is deteriorated or defective;

    that it be replaced or repaired with items or components meeting particular standards or specifications established by the Residential Board;

    that when it is repaired or replaced, the installation include additional components or installments specified by the Residential Board;

    that it be replaced or repaired by contractors having particular licenses, training or professional certification or by contractors approved by the Residential Board; and

    if the replacement or repair is completed by an Owner, that it be inspected by a Person designated by the Residential Board.

    The imposition of requirements by the Residential Board in this provision shall not relieve an Owner of his or her obligations regarding a High-Risk Component, including, but not limited to, the obligation to perform and pay for all maintenance, repairs and replacement thereof. If any Owner fails or refuses to maintain, repair or replace a High-Risk Component in accordance with the requirements established by the Residential Board hereunder, the Residential Association may, in addition to all other rights and powers granted to it pursuant to the Residential Condominium Instruments, enter the Unit for the purpose of inspecting, repairing, maintaining, or replacing a High-Risk Component, as the case may be, and charge all costs of doing so back to the Owner as a specific assessment.

    Inspection Obligations

    Contract for Services. In addition to the Residential Association's general maintenance obligations set forth in this Residential Declaration, the Residential Association shall, at all times, contract with (subject to the limitations otherwise set forth in this Residential Declaration) or otherwise retain the services of independent, qualified, licensed individuals or entities to provide the Residential Association with inspection services relative to the maintenance, repair and physical condition of the Residential Condominium.

    Inspection Responsibilities. Residential Declarant shall provide the Residential Association with maintenance criteria, maintenance manuals, and warranty requirements for the Building (collectively the "Maintenance Manual"). The inspectors shall inspect component parts of the Building in accordance with the Maintenance Manual. The Residential Association shall update the Maintenance Manual on a regular basis. The Residential Association shall be responsible for meeting all requirements under such Maintenance Manual.

    Schedule of Inspections. Such inspections shall take place at least annually or as recommended in the Maintenance Manual. The inspectors shall provide written reports of their inspections to the Residential Association promptly following completion thereof. The written reports shall identify any items of maintenance or repair that either require current action by the Residential Association or will need further review and analysis. The Residential Board of Directors shall report the contents of such written reports to the members of the Residential Association at the next meeting of the members following receipt of such written reports or as soon thereafter as reasonably practicable and shall include such written reports in the minutes of the Association. Subject to the provisions of the Residential Declaration below, the Residential Board of Directors shall promptly cause all matters identified as requiring attention to be maintained, repaired, or otherwise pursued in accordance with prudent business practices and the recommendations of the inspectors.

    Notice to Residential Declarant. For a period of ten (10) years after the conveyance of the last Unit in the Residential Condominium to an Owner other than Residential Declarant, the Residential Association shall, if requested by Residential Declarant, deliver to Residential Declarant ten (10) days advance written notice of all such inspections (and an opportunity to be present during such inspection, personally or through an agent) and shall provide Residential Declarant (or its designee) with a copy of all written reports prepared by the inspectors. If the Residential Association fails to provide any such notice or report, the Residential Association shall indemnify and hold harmless Residential Declarant from any and all claims, damages, fines, judgments, penalties, costs, liabilities or losses and any and all sums paid from settlement of claims, reasonable attorneys' fees, consultant and expert fees, related to the portion of the Residential Condominium that is the subject matter of any such notice or report.

    The provisions of this subparagraph 17(g) shall not apply during the Residential Declarant Control Period.

    Mortgagee’s Rights.

    Unless at least two-thirds (2/3) of the first Mortgagees and Owners give their consent, the Residential Association or the membership shall not:

    by act or omission seek to abandon or terminate the Residential Condominium;

    change the pro rata interest or obligations of any individual Unit for the purpose of (A) levying assessments or charges or allocating distributions of hazard insurance proceeds or condemnation awards; or (B) determining the pro rata share of ownership of each Unit in the Residential Common Elements;

    partition or subdivide any Unit in any manner inconsistent with the provisions of this Residential Declaration;

    by act or omission seek to abandon, partition, subdivide, encumber, sell, or transfer the Residential Common Elements (the granting of easements or licenses, as authorized herein, shall not be deemed a transfer within the meaning of this clause); or

    use hazard insurance proceeds for losses to any portion of the Residential Condominium (whether to Units or to Residential Common Elements) for other than the repair, replacement, or reconstruction of such portion of the Residential Condominium.

    The provisions of this subparagraph shall not be construed to reduce the percentage vote that must be obtained from Mortgagees or Owners where a larger percentage vote is otherwise required by the Act or the Residential Condominium Instruments for any of the actions contained in this Paragraph.

    Where the Mortgagee holding a first Mortgage of record, a secondary purchase money Mortgage of record (provided that neither the grantee nor any successor grantee on the secondary purchase money Mortgage is the seller of the Unit) or other purchaser of a Unit obtains title pursuant to judicial or nonjudicial foreclosure of the Mortgage, it shall not be liable, nor shall the Unit be subject to a lien, for the share of the Residential Common Expenses or assessments by the Residential Association chargeable to such Unit which became due prior to such acquisition of title. Such unpaid share of Residential Common Expenses or assessments shall be deemed to be Residential Common Expenses collectible from Owners of all the Units, including such acquirer, and its successors and assigns. Additionally, such acquirer shall be responsible for all charges accruing subsequent to the passage of title, including, but not limited to, all charges for the month in which title is passed.

    Upon written request to the Residential Association, identifying the name and address of the holder and the Unit number or address, any Eligible Mortgage Holder will be entitled to timely written notice of:

    any condemnation loss or any casualty loss which affects a material portion of the Residential Condominium or any Unit on which there is a first Mortgage held by such Eligible Mortgage Holder;

    any delinquency in the payment of assessments or charges owed by an Owner of a Unit subject to a first Mortgage held by such Eligible M0l1gage Holder which remains unsatisfied for a period of sixty (60) days, and any default in the performance by an individual Owner of any other obligation under the Residential Condominium Instruments which is not cured within sixty (60) days;

    any lapse, cancellation, or material modification of any insurance policy or fidelity bond maintained by the Residential Association; or

    any proposed action that would require the consent of a specified percentage of Eligible Mortgage Holders, as specified herein.

    Upon written request to the Residential Association, identifying the name and address of the holder and the Unit number or address, any Eligible Mortgage Holder, or insurer or guarantor of a first mortgage on a Unit, will be entitled to timely written notice of:

    any proposed amendment of the Condominium Instruments effecting a change in (A) the boundaries of any Unit or the exclusive easement rights appertaining thereto; (B) the interests in the Residential Common Elements or Residential Limited Common Elements appertaining to any Unit or the liability for Common Expenses appertaining thereto; (C) the number of votes in the Residential Association appertaining to any Unit; or (D) the purposes to which any Unit or the Residential Common Elements are restricted;

    any proposed termination of the Condominium;

    any condemnation loss or any casualty loss which affects a material portion of the Condominium or any Unit on which there is a first Mortgage held by such Eligible Mortgage Holder;

    any delinquency in the payment of assessments or charges owed by an Owner of a Unit subject to a first Mortgage held by such Eligible Mortgage Holder which remains unsatisfied for a period of sixty (60) days, and any default in the performance by an individual Owner of any other obligation under the Condominium Instruments which is not cured within sixty (60) days;

    any lapse, cancellation, or material modification of any insurance policy or fidelity bond maintained by the Residential or Master Association; or

    any proposed action that would require the consent of a specified percentage of Eligible Mortgage Holders, as specified herein.

    Any holder of a first Mortgage shall be entitled, upon written request, to receive within a reasonable time after request, a copy of the financial statement of the Residential Association for the immediately preceding fiscal year, free of charge to the Mortgagee so requesting.

    Notwithstanding anything to the contrary herein contained, the provisions ofParagraphs 15 and 16 governing leasing and sales of Units, respectively, shall not apply to impair the right of any first Mortgagee to:

    foreclose or take title to a Unit pursuant to remedies contained in its Mortgage; or

    take a deed or assignment in lieu of foreclosure; or

    sell, lease, or otherwise dispose of a Unit acquired by the Mortgagee.

    No Priority. No provision of this Residential Declaration or the Residential Bylaws gives or shall be construed as giving any Owner or other party priority over any rights of the first mortgagee of any Unit in the case of distribution to such Owner of insurance proceeds or condemnation awards for losses to or a taking of the Residential Common Elements.

    Notice to Residential Association. Upon request, each Owner shall be obligated to furnish to the Residential Association the name and address of any mortgagee encumbering such Owner's Unit.

    Failure of Mortgagee to Respond. Any Mortgagee who receives a written request from the Residential Board to respond to any action shall be deemed to have approved such action if the Residential Association does not receive a written response from the Mortgagee within thirty (30) days of the date of the Residential Association's request, provided such request is delivered to the Mortgagee by certified or registered mail, return receipt requested.

    Construction of this Paragraph. Nothing contained in this Paragraph shall be construed to reduce the percentage vote that must otherwise be obtained under the Residential Condominium Instruments or Georgia law for any of the actions set forth in this Paragraph.

    General Provisions.

    SECURITY. THE RESIDENTIAL ASSOCIATION, RESIDENTIAL DECLARANT, MASTER ASSOCIATION AND/OR MASTER DECLARANT MAY, BUT SHALL NOT BE REQUIRED TO, FROM TIME TO TIME, PROVIDE MEASURES OR TAKE ACTIONS WHICH DIRECTLY OR INDIRECTLY IMPROVE SECURITY ON THE RESIDENTIAL CONDOMINIUM; HOWEVER, EACH UNIT OWNER, FOR HIM OR HERSELF AND HIS OR HER TENANTS, GUESTS, LICENSEES, AND INVITEES, ACKNOWLEDGES AND AGREES THAT NEITHER THE RESIDENTIAL ASSOCIATION NOR RESIDENTIAL DECLARANT IS A . PROVIDER OF SECURITY AND NEITHER PARTY SHALL HAVE A DUTY TO PROVIDE SECURITY ON THE RESIDENTIAL CONDOMINIUM. FURTHERMORE, THE RESIDENTIAL ASSOCIATION DOES NOT GUARANTEE THAT NON-UNIT OWNERS AND NON­ OCCUPANTS WILL NOT GAIN ACCESS TO THE CONDOMINIUM AND COMMIT CRIMINAL ACTS ON THE CONDOMINIUM NOR DOES THE RESIDENTIAL ASSOCIATION GUARANTEE THAT CRIMINAL ACTS ON THE CONDOMINIUM WILL NOT BE COMMITTED BY OTHER UNIT OWNERS OR OCCUPANTS. IT SHALL BE THE RESPONSIBILITY OF EACH UNIT OWNER TO PROTECT HIS OR HER PERSON AND PROPERTY AND ALL RESPONSIBILITY TO PROVIDE SUCH SECURITY SHALL LIE SOLELY WITH EACH UNIT OWNER. NEITHER RESIDENTIAL DECLARANT NOR THE RESIDENTIAL ASSOCIATION SHALL BE HELD LIABLE FOR ANY LOSS OR DAMAGE BY REASON OF FAILURE TO PROVIDE ADEQUATE SECURITY OR INEFFECTIVENESS OF MEASURES UNDERTAKEN.

    Dispute Resolution.

    Prior to filing a lawsuit against the Residential Association, the Residential Board, or any officer, director, or property manager of the Residential Association, a Unit Owner or Occupant must request and attend a hearing with the Residential Board of Directors. Any such request shall be in writing and shall be personally delivered to any member of the Residential Board of Directors or the property manager, if any, of the Residential Association. The Owner or Occupant shall, in such request and at the hearing, make a good faith effort to explain the grievance to the Residential Board and resolve the dispute in an amicable fashion, and shall give the Residential Board a reasonable opportunity to address the Owner or Occupant's grievance before filing suit. Upon receiving a request for a hearing, the Residential Board shall give notice of the date, time and place of the hearing to the Person requesting the hearing. The Residential Board shall schedule this hearing for a date not less than seven (7) or more than twenty-one (21) days from the date of receipt of the request.

    All Owners hereby acknowledge and agree that the Residential Association shall not be entitled to institute any legal action against anyone on behalf of any or all of the Owners which is based on any alleged defect in any Unit or any damage allegedly sustained by any Owner by reason thereof, but rather, that all such actions shall be instituted by the Person(s) owning such Units or allegedly sustaining such damage.

    All Owners hereby acknowledge and agree that no Owner shall be entitled to institute any legal action against anyone which is based on any alleged defect in the Residential Common Elements, but rather, that all such actions shall be instituted by the Residential Association on behalf of the Owners.

    Prior to filing any claim for arbitration or any claim in a court of competent jurisdiction relating to alleged physical damage or defects to a Unit, as soon as reasonably possible after the discovery of any alleged physical damage or defects to the Unit, the Owner shall provide prompt written notice to Residential Declarant describing in detail the basis for such claim and the repairs and/or alterations reasonably necessary to remedy the alleged defect or damage (the "Requested Repairs"). An Owner's failure to provide prompt written notice to Residential Declarant after the Owner' s discovery of any alleged physical damage or defects to the Unit shall constitute a waiver by such Owner of any potential obligation of Residential Declarant or its contractors to remedy the alleged physical damage or defects to the Unit and all claims related thereto. Within thirty (30) days of its receipt of such notice, Residential Declarant shall provide the Owner with notice stating whether Residential Declarant intends to perform the Requested Repairs. In the event Residential Declarant elects to perform the Requested Repairs, the Owner shall provide Residential Declarant and its contractors with the opportunity to perform the Requested Repairs within a reasonable period, including access to the Unit during regular business hours to perform the Requested Repairs. An Owner shall only have the right to file a claim against Residential Declarant or its contractors in the event the Owner provided prompt written notice to Residential Declarant of alleged physical damage or defects to the Unit as provided herein, and Residential Declarant and its contractors subsequently elects not to perform the Requested Repairs or does not perform the Requested Repairs in a competent manner after having the opportunity to perform the Requested Repairs as provided herein.

    Prior to filing any claim for arbitration or any claim in a court of competent jurisdiction relating to alleged physical damage or defects to the Residential Common Elements, as soon as reasonably possible after the discovery of any alleged physical damage or defects to the Residential Common Elements, the Residential Association shall provide prompt written notice to Residential Declarant describing in detail the basis for such claim and the repairs and/or alterations reasonably necessary to remedy the alleged defect or damage (the "Requested Repairs"). The Residential Association's failure to provide prompt written notice to Residential Declarant after the Residential Association's discovery of any alleged physical damage or defects to the Residential Common Elements shall constitute a waiver by the Residential Association of any potential obligation of Residential Declarant or its contractors to remedy the alleged physical damage or defects to the Residential Common Elements and all claims related thereto. Within thirty (30) days of its receipt of such notice, Residential Declarant shall provide the Residential Association with notice stating whether the Residential Association intends to perform the Requested Repairs. In the event Residential Declarant elects to perform the Requested Repairs, the Residential Association shall provide Residential Declarant and its contractors with the opportunity to perform the Requested Repairs within a reasonable period, including access to the Residential Common Elements during regular business hours to perform the Requested Repairs. The Residential Association shall only have the right to file a claim against Residential Declarant or its contractors in the event the Residential Association provided prompt written notice to Residential Declarant of alleged physical damage or defects to the Residential Common Elements as provided herein, and Residential Declarant and its contractors subsequently elects not to perform the Requested Repairs or does not perform the Requested Repairs in a competent manner after having the opportunity to perform the Requested Repairs as provided herein.

    The exclusive period of limitation for an Owner or Occupant bringing any claim of any nature against Residential Declarant or its contractors, including, but not limited to, a claim of construction defect or defective design of a Unit, shall be the earliest of: (i) for claims alleging construction defect or defective design, one (1) year from the date that the Owner or Occupant discovered or reasonably should have discovered evidence of the claim, provided, however, that in no event shall the limitation period exceed four (4) years from the date Residential Declarant conveyed the Unit to the original Owner unless the basis of the claim was intentionally concealed or willfully concealed by Residential Declarant or its contractors, in which case, the state law governing the limitation period and period of repose shall apply to the claim; (ii) for claims other than those alleging construction defect or defective design, two (2) years after the date Residential Declarant conveyed the Unit to the original Owner or such other shorter period specified in any written agreement between Residential Declarant and the Owner to whom Residential Declarant initially conveyed the Unit, unless the basis of the claim was intentional fraud or willful misconduct, in which case, the applicable law governing the limitation period and period of repose shall apply to the claim; or (iii) the end of the statutory period provided under applicable law governing the limitation period and period of repose.

    The exclusive period of limitation for the Residential Association to bring any claim of any nature against Residential Declarant or its contractors, including, but not limited to, a claim of construction defect or defective design of the Residential Common Elements, shall be the earliest of: (i) for claims alleging construction defect or defective design, one (1) year from the date that the Residential Association or its agents discovered or reasonably should have discovered evidence of the claim, provided, however, that in no event shall the limitation period exceed four (4) years from the date Residential Declarant substantially completed the Residential Common Elements unless the basis of the claim was intentionally concealed orwillfully concealed by Residential Declarant or its contractors, in which case, the state law governing the limitation period and period of repose shall apply to the claim; Oi) for claims other than those alleging construction defect or defective design of the Residential Common Elements, two (2) years after the Residential Declarant Control Period, unless the basis of the claim was intentional fraud or willful misconduct, in which case, the applicable law governing the limitation period and period of repose shall apply to the claim; or (iii) the end of the statutory period provided under applicable law governing the limitation period and period of repose.

    No judicial or administrative proceeding shall be commenced or prosecuted by the Residential Association, nor shall the Residential Association participate in any land-use or zoning proceedings (unless reasonably necessary to accommodate improvements on the Condominium or to comply with applicable zoning ordinance and use restrictions), unless approved by a vote of the Owners as hereinafter provided. The Residential Board shall prepare a budget of the total estimated cost of the litigation or proceeding which shall be submitted to the Owners for a vote along with the estimate of the total cost of the litigation or proceeding made by the attorney being retained by the Residential Association for the litigation or proceeding. The Residential Association shall assess all Owners by special assessment for the total estimated costs and fees of the proposed litigation or proceeding and no funds from regular periodic assessments or capital contributions may be used for such purpose. The proposed litigation or proceeding, the budget, and the special assessment for litigation, must all be approved by a vote of the Owners representing at least seventy-five percent (75%) of the Total Residential Association Vote. This subsection shall not apply, however, to (a) actions involving imposition and collection of assessments as provided herein, (b) action brought by the association to enforce the covenants in this Declaration (including, without limitation, the foreclosure of liens); (c) proceedings involving challenges to ad valorem taxation, or (d) counterclaims brought by the Residential Association in proceedings instituted against it. This subsection shall not be amended unless such amendment is approved by the percentage votes, and pursuant to the same procedures, necessary to institute proceedings as provided above

    Parking Spaces, Vehicles and Storage Spaces. Neither Residential Declarant, nor the Master Association, shall be held liable for any loss or damage arising from theft, vandalism, malicious mischief, or any loss or damage resulting from calcium deposits, water or acid damage, to any property placed or kept in any parking space, or storage space in the Building or in any area designated by the Master Board for other parking. Each Owner or Occupant with use of a parking space, storage space or in any area designated by the Master Board for other parking who places or keeps a vehicle and/or any personal property in the vehicle, parking space, storage space or in any area designated by the Master Board for other parking does so at his or her own risk.

    Unit Keys. At the request of the Residential Association, each Owner, by acceptance of a deed to a Unit, agrees to provide the Residential Association with a key to the Unit (and the security alarm code, if any) to be used by the Residential Association for maintenance, emergency, or life-safety purposes as provided in subparagraph 9(a) of this Residential Declaration (and for pest control, if necessary, as provided in subparagraph 2I(e) of this Residential Declaration). Neither Residential Declarant nor the Residential Association shall be liable for any loss or damage due to its holding such key, or use of such key for the purposes described above and each Owner shall indemnify and hold harmless Residential Declarant, the Residential Association and its officers and directors against any and all expenses, including reasonable attorneys' fees actually incurred by or imposed upon Residential Declarant, the Residential Association or its officers or directors in connection with any action, suit, or other proceeding (including settlement of any such action, suit or proceeding) brought by the Owner or the Owner's family, tenants, guests, employees, invitees, or licensees against Residential Declarant, the Residential Association, its officers or directors arising out of or relating to its holding or use of such key for the purposes described above.

    Successor Residential Declarants. Any Person who is a successor to Residential Declarant as "Residential Declarant" shall not be responsible or subject to liability by operation of law or through the purchase of Residential Declarant's interest in the Residential Condominium or any portion thereof at foreclosure or otherwise for any act, omission, or matter occurring or arising from any act, omission, or matter occurring prior to the time the successor succeeded to the interest of Residential Declarant.

    Use and Conveyance of Commercial Unit by Residential Declarant to Residential Association.

    Residential Declarant may, but is not required to, give the Owners and/or the Residential Association the right to use any unoccupied Commercial Unit(s). The duration, terms, and conditions of such usage are at the discretion of Residential Declarant and may be unilaterally changed by Residential Declarant from time to time. If Owners and/or Residential Association are given the right by Residential Declarant to use any Commercial Unit(s) owned by Residential Declarant, then the Residential Association shall be responsible for paying for insurance, property taxes, and the cost of maintaining and repairing such Commercial Unit(s).

    Residential Declarant may, but shall not be obligated to, transfer or convey to the Residential Association the Commercial Unit(s) which are subject to the terms of this Residential Declaration. Any such conveyance shall be accepted by the Residential Association, and the Commercial Unit(s) shall thereafter be maintained by the Residential Association. Residential Declarant shall not be required to make any improvements whatsoever to the Commercial Unit(s) to be conveyed and accepted pursuant to this subparagraph.

    Disclosures. Each Owner and Occupant acknowledges and understands the following:

    All disclosures described in Section 19.7 of the Master Declaration are hereby incorporated herein.

    The Residential Condominium floor plans and the dimensions and square footage calculations shown thereon are only approximations. Any purchaser who is concerned about any representations regarding the floor plans should do his/her own investigation as to the dimensions, measurements and square footage of his/her Unit.

    Residential Declarant may be constructing portions of the Residential Condominium and engaging in other construction activities related to the construction of Residential Common Elements and finishing of Units. Such construction activities may, from time to time, produce certain conditions on the Residential Condominium, including, without limitation: (A) noise or sound that is objectionable because of its volume, duration, frequency or shrillness; (B) smoke; (C) noxious, toxic, or corrosive fumes or gases; (D) obnoxious odors; (E) dust, dirt or flying ash; (F) unusual fire or explosion hazards; (G) temporary interruption of utilities; and/or (H) other conditions that may threaten the life-safety of Persons on the Residential Condominium. Notwithstanding the foregoing, all Owners and Occupants agree that such conditions on the Residential Condominium resulting from renovation and construction activities shall not be deemed a nuisance and shall not cause Residential Declarant and its agents to be deemed in violation of any provision of the Residential Declaration.

    Residential Declarant shall not be responsible for responding to or taking any affirmative action on behalf of the Residential Association or an individual member of the Residential Association to mitigate, alleviate, remedy or cure any off-site conditions that may directly impact the Residential Condominium or any portion thereof, and such inaction by the Residential Declarant shall not constitute a breach of fiduciary duty by the directors and officers of the Residential Association that are appointed by the Residential Declarant, pursuant to Article III, Part A, Section 2 of the Bylaws of the Residential Association.

    The performance and methods and practices of operating heating and cooling systems can be directly affected by the orientation and location of a room or Unit in relation to the sun. Residential Declarant shall, therefore, have no obligation other than to install a heating and cooling system at the Unit which has been sized and designed based on industry standards for the type and size of Unit to be constructed and which functions in accordance with industry standards.

    No representations are made that the systems in a Unit including. by way of example only, heating and air conditioning and electrical systems will operate or perform at a level or standard greater than the minimum specifications of the manufacturer.

    Residential Declarant makes no representations or warranties that any washer, dryer, or refrigerator shown in Residential Floor Plan depicting a Unit will be provided by Residential Declarant to an Owner. Such items are shown for illustrative purposes only.

    Units 101 and 102 have a ceiling height of approximately 8' 41/2" . All other Units have a ceiling height of approximately 10' 1 1/4".

    Ten (10) of the parking spaces in the parking deck are subject to an exclusive easement granted in Section 2 .14 of the Master Declaration.

    Portions of the exterior building façade are stucco.

    A sump pump is located in the parking deck. Flooding and related damage to vehicles may occur if the Residential Association does not adequately monitor and maintain the sump pump

    Services During Residential Declarant Control. Each Owner acknowledges that Residential Declarant and its affiliates may provide services utilized by communities such as this Residential Condominium including, but not limited to, management services. Each Owner consents and agrees that the Residential Association may enter into service contracts with Residential Declarant and its affiliates.

    Substantial Compliance With the Act. Each Owner acknowledges and agrees that Section 44-3-115 of the Act provides that the provisions of the Act and the Residential Condominium Instruments recorded pursuant to the Act shall be liberally construed in favor of the valid establishment of a condominium. Each Owner acknowledges that the substantial compliance provision of the Act set forth in Section 44-3-115 of the Act has not been interpreted judicially. Therefore, no representation and/or warranty is made regarding any possible judicial interpretation of Section 44-3-115 of the Act. Furthermore, each Owner, on behalf of itself and its successors and assigns in title, acknowledges and agrees that the Residential Condominium Instruments recorded pursuant to the Act substantially comply with the requirements of the Act and covenants and agrees not to file any type of suit or arbitration challenging the Residential Condominium Instruments on the grounds that they do not strictly comply with the requirements of the Act.

    Supremacy of the Master Declaration. Every Owner, by acceptance of deed to a Unit, acknowledges that, in addition to being subject to and bound by the Residential Condominium Instruments, he or she is subject to the MasterDeclaration. In addition to all of the rights and obligations that have been conferred or imposed upon the Residential Association pursuant to this Residential Declaration, the Residential Bylaws, or the Residential Articles of Incorporation, the Residential Association shall be entitled to exercise any of the rights conferred upon it and shall be subject to all of the obligations imposed upon it pursuant to the Master Declaration. The Residential Association and all committees thereof shall also be subject to all superior rights and powers that have been conferred upon the Master Association, pursuant to the Master Declaration, and as such, decisions made from time to time by the Master Association may affect the rights and interests of an Owner or Occupant. The Residential Association shall take no action in derogation of the rights of or contrary to the interests of the Master Association.

    Powers of the Master Association Relating to the Residential Association. The Master Association shall have the authority to veto any action taken or contemplated to be taken by the Residential Association, which the board of directors of the Master Association reasonably determines to conflict with the Master Condominium Instruments. The Master Association shall give the Residential Association written notice of any action required to be taken by the Residential Association pursuant to this subparagraph 19(k). Such action shall be taken within the time frame set forth in such written notice. If the Residential Association fails to comply with the requirements set forth in the notice, the Master Association shall have the right to effect such action on behalf of the Residential Association and shall assess Owners for their pro-rata share of any expenses incurred in connection with the foregoing in the manner provided in the Master Declaration. Such assessments may be collected as a special assessment thereunder and shall be subject to all lien rights provided for therein.

    Eminent Domain.

In the event of a taking by condemnation or by eminent domain, the provisions of the Act shall prevail and govern; provided, however, any proceeds received for a taking of the Residential Common Elements (other than Residential Limited Common Elements) by condemnation or eminent domain shall, at the option of the Residential Board, either be allocated to the Owners pursuant to Section 44-3-97(a) of the Act, as amended, or be deposited into the Residential Association's operating account or reserve account to be applied to Residential Common Expenses. Each holder of a first Mortgage shall be entitled to written notice of any such condemnation proceedings, and nothing in the Residential Condominium Instruments shall be construed to give a priority to any Owner in the distribution of proceeds to such Unit.

    Easements.

    Use and Enjoyment. Each Owner and Occupant shall have a right and a non-exclusive easement of use and enjoyment in and to the Residential Common Elements (including the right of access, ingress and egress to and from his or her Unit over those portions of the Residential Condominium designated for such purpose), and such non-exclusive easement shall be appurtenant to and shall pass with the title to such Unit, subject to (i) the rights of the Owners to the exclusive use of the Residential Limited Common Elements assigned to their respective Units; (ii) to the right of the Residential Association and/or Master Association to control the use and enjoyment of the Residential Common Elements as provided by the terms of this Residential Declaration including, but not limited to, the right of the Residential Association to suspend voting and use privileges as provided herein; and (iii) the right of the Residential Association to have access to the Units and Residential Limited Common Elements assigned to a Unit to discharge its rights and obligations, under the Residential Condominium Instruments, including without limitation, the maintenance responsibility of the Residential Association.

    Support. Every portion of a Unit and all Residential Limited Common Elements contributing to the support of an abutting Unit shall be burdened with a non-exclusive easement of support for the benefit of such abutting Unit.

    Encroachments. The Units and Residential Common Elements shall be subject to non- exclusive easements of encroachment as set forth in the Act.

    Utilities. To the extent that the sprinkler system or any utility line, pipe, wire, or conduit serving the Residential Common Elements or another Unit shall lie wholly or partially within the boundaries of another Unit, such other Unit shall be burdened with a non-exclusive easement for the use, maintenance, repair and replacement of such sprinkler system, utility line, pipe, wire or conduit, such non-exclusive easement to be in favor of the Residential Association. It shall be the obligation of the Master Association to maintain, replace and repair any pipe, line, conduit, duct or wire being a Residential Common Element, even if such pipe, line conduit, duct or wire is located within the boundaries of a Unit of another Owner. In such circumstance, the benefited Master Association shall repair all incidental damage to any Unit resulting from performance of any such work. All Owners hereby covenant and agree that as finish levels can have varying degrees, such repairs will be complete only to the extent of being "paint-ready". Components that may require repair or replacement, such as tile and trim, will be reinstalled only to the extent of readily available materials or similar materials (trim and such will also be finished to "paint-ready"). Due to the uncontrollability of quality of repair, items such as faux paint treatment, wallpaper, ceiling/wall applique, and any other similar types of finishes, will not be the responsibility of the Master Association.

    PestControl. The Master Association may but shall not be obligated to dispense chemicals for the extermination of insects and pests within the Units and Residential Common Elements. In the event the Master Association chooses to provide such pest control, the Master Association and its duly authorized contractors, representatives, and agents shall have an easement to enter Units for the purpose of dispensing chemicals for the exterminating of insects and pests within the Units and Residential Common Elements. Owners shall either provide a key to the Unit for purpose of such entry or have someone available at such times as are designated by the Residential Board of Directors to allow entry into the Unit for this purpose. The Master Association shall not be liable for any illness, damage, or injury caused by the dispensing of these chemicals for this purpose.

    Residential Declarant Easements. For so long as Residential Declarant owns any Unit primarily for the purpose of sale, Residential Declarant and its duly authorized contractors, subcontractors, representatives, agents, associates, employees, tenants and successors and assigns shall have: (i) a non-exclusive easement for access and ingress to, egress from and use of the Residential Common Elements for the placement and maintenance of signs, banners, balloons, decorations marketing materials and tables, a sales office, a leasing office, a business office, promotional facilities and model Units on any portion of the Residential Condominium, together with such other facilities as in the opinion of Residential Declarant may be reasonably required, convenient or incidental to the completion, renovation, improvement, development, sale or lease of any Unit; (ii) a non-exclusive easement to use the Residential Common Elements for special events and promotional activities; and (iii) a transferable, non-exclusive easement on, over, through, under and across the Residential Common Elements and Residential Limited Common Elements for the purpose of making improvements on the Residential Condominium or any portion thereof, for the purpose of constructing, installing, replacing, repairing, restoring and maintaining all utilities, buildings, driveways, landscaping and any other improvements on the Residential Condominium property or serving the Residential Condominium, and for the purpose of doing all things reasonably necessary and proper in connection therewith.

    Amerndments.

Except where a higher vote is required for action under any other provision of this Residential Declaration or by the Act, in which case such higher vote shall be necessary to amend such provision, this Residential Declaration may be amended by the affirmative vote, written consent, or any combination of affirmative vote and written consent of the members of the Residential Association holding two-thirds (2/3) of the Total Residential Association Vote and such amendment shall otherwise comply with the provisions of Section 44-3-93 of the Act. Moreover, no amendment to this Residential Declaration shall modify, alter, or delete any: (a) provision of this Residential Declaration that benefits Residential Declarant; (b) rights, privileges, easements, protections, or defenses of Residential Declarant; or (c) rights of the Owners or the Residential Association in relationship to Residential Declarant, without the written consent of Residential Declarant attached to and recorded with such amendment, until the later of the following: (i) the date upon which Residential Declarant no longer owns any Unit; or (ii) ten (10) years after the date on which this Residential Declaration is recorded in the Official Records, whichever period of time is longer. In addition, no amendment to this Residential Declaration shall conflict with the provisions of the Master Declaration or modify, abridge, alter, or delete the rights, obligations, privileges, easements, protections, or defenses of the Master Association as provided in this Residential Declaration without the written consent of the Master Association attached to and recorded with such amendment.

In addition, no amendment to this Residential Declaration shall (A) modify, alter, or delete the permissible business or commercial uses of the Commercial Units and Live/Work Units; (B) interfere with the ownership or operation of the Commercial Units and Live/Work Units; or (C) modify, alter, or delete any: (1) provision of this Residential Declaration that benefits the Owners of the Commercial Unit and Live/Work Units s; (2) rights, privileges, easements, protections, or defenses of the Owners of the Commercial Units and Live/Work Units; or (3) rights of the Owners or the Residential Association in relationship to the Owners of the Commercial Units and Live/Work Units, without the written consent of the affected Owners of the Commercial Units and/or Live/Work Units attached to and recorded with such amendment.

Notice of any meeting at which a proposed amendment will be considered shall state the fact of consideration and the subject matter of the proposed amendment. No amendment shall be effective until certified by the president and secretary of the Residential Association and recorded in the Official Records.

In addition to the above, material amendments to this Residential Declaration must be approved by Eligible Mortgage Holders who represent at least fifty-one percent (51%) of the votes of Units that are subject to Mortgages held by Eligible Mortgage Holders. Notwithstanding the above, the approval of any proposed amendment by an Eligible Mortgage Holder shall be deemed implied and consented to if the Eligible Mortgage Holder fails to submit a response to any written proposal for an amendment within thirty (30) days after the Eligible Mortgage Holder receives notice of the proposed amendment sent by certified or registered mail, return receipt requested. Material amendments are those that establish, provide for, govern or regulate any of the following:

    Voting;

    Assessments, assessment liens or subordination of such liens;

    Reserves for maintenance, repair and replacement of the Residential Common Elements;

    Insurance or fidelity bonds;

    Rights to use of the Residential Common Elements;

    Responsibility for maintenance and repair of the Residential Condominium;

    Expansion or contraction of the Residential Condominium or the addition, annexation or withdrawal of property to or from the Residential Condominium;

    Boundaries of any Unit;

    The interests in the Residential Common Elements or Residential Limited Common Elements;

    Convertibility of Units into Residential Common Elements or of Residential Common Elements into Units;

    Leasing of Units;

    Imposition of any right of first refusal or similar restriction on the right of an Owner to sell, transfer, or otherwise convey his or her Unit in the Residential Condominium;

    Establishment of self-management by the Residential Association where professional management has been required by any of the agencies or corporations set forth below;

    Amendment of any provisions that are for the express benefit of Eligible Mortgage holders or insurers or guarantors of first mortgages on Units in the Residential Condominium; and

    Restoration or repair of the Residential Condominium (after damage or partial condemnation) in a manner other than that specified in the Residential Condominium Instruments).

    Notwithstanding the foregoing, Residential Declarant or the Residential Board of Directors, without the necessity of a vote from the Owners, may amend this Residential Declaration to correct any scriveners errors, comply with any applicable state, city or federal law, and/or to bring the Residential Condominium into compliance with applicable rules and regulations of the Federal National Mortgage Association ("Fannie Mae"), the U.S. Department of Housing and Urban Development ("HUD") and the Department of Veterans Affairs ("VA") pursuant to federal law.

Any action to challenge the validity of an amendment adopted under this Paragraph must be brought within one (1) year of the effective date of such amendment. No action to challenge such amendment may be brought after such time.

    Severability.

Invalidation of any one of these covenants or restrictions by judgment or court order or otherwise shall in no way affect the application of such provision to other circumstances or affect any other provision(s), which shall remain in full force and effect.

    Residential Declarant Rights.

Notwithstanding anything to the contrary herein, and in addition to Residential Declarant's right to appoint and remove officers and directors under Article III, Part A, Section 2 of the Residential Bylaws and other rights set forth herein, Residential Declarant shall have the right, as long as Residential Declarant owns at least one (1) Unit, to conduct such sales, marketing, leasing, administrative and other activities at the Residential Condominium as Residential Declarant deems appropriate for the sale, marketing or leasing of any Unit and Residential Declarant shall have a non-exclusive easement right across the Residential Common Elements to erect signs, banners, balloons and other decorations and to conduct such other sales, marketing and leasing activities as provided herein. The expiration of the Residential Declarant Control Period, shall not terminate or alter the status of the above-referenced entity and its respective successors and assigns as Residential Declarant hereunder or divest Residential Declarant of other rights specifically reserved to Residential Declarant herein.

    Preparer.

This Declaration was prepared by Darryl R. Moss, Esq., Esq., Weissman, Nowack, Curry & Wilco, P.C, One Alliance Center, 4th Floor, 3500 Lenox Road, Atlanta, Georgia 30326.