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AMENDMENT by hcj

VIEWS: 21 PAGES: 5

									              AMENDMENT
                     To

          Declaration of Covenants
Henderson Village Property Owners Association




           Deed Book 34211 pg 143
  Filed and Recorded Feb-17-2003 08:39 am
                2003-0057088
                 Juanita Hicks
            Clerk of Superior Court
            Fulton County, Georgia
                    [SPACE ABOVE RESERVED FOR RECORDING DATA]


Return to: Weissman, Nowack, Curry & Wilco, P.C.
           1349 West Peachtree Street, 15th Floor
           Atlanta, Georgia 30309
           Attention: Jay Lazega



STATE OF GEORGIA                                               Reference: Deed Book 9092
COUNTY OF FULTON                                                          Page       214


                 AMENDMENT TO THE DECLARATION OF COVENANTS,
               CONDITIONS AND RESTRICTIONS FOR HENDERSON VILLAGE


         WHEREAS, Chathambilt Homes, Inc., a Georgia corporation, recorded a Declaration of
Covenants, Conditions, and Restrictions for Henderson Village, on July 26, 1984, in Deed Book 9092,
Page 214, et seq., Fulton County, Georgia Records (“Declaration”); and
         WHEREAS, Article XII of the Declaration provides for amendment of the Declaration by
Members holding at least sixty percent (60%) of the total votes of the Henderson Village Property
Owners Association, Inc. (“Association”); and
         WHEREAS, Members holding at least sixty percent (60%) of the total votes of the
Association desire to amend the Declaration and have approved this amendment; and
         WHEREAS, these Amendments do not limit or curtail any easement rights granted
or reserved in the Declaration, change the date set forth in the Declaration for commencement
of annual assessments, nor alter the allocation of assessments as set forth    in the Declaration,
nor do these amendments alter, modify, change or rescind any right, title, interest, or
privilege held by any first Mortgagee; provided, however, in the event a court of competent
jurisdiction determines that these Amendments do so without any required Owner or first
Mortgagee’s consent, then such provision(s) of these Amendments shall not be binding on
the   Owner      or first Mortgagee so involved, unless it consents hereto; and if such consent is


not forthcoming, then the relevant provisions of the Declaration and By-Laws effective prior to the
affected provision of these Amendments shall control with respect to the affected Owner or first
Mortgagee;
        NOW, THEREFORE, the Declaration is hereby amended as follows:
                                                    1.
       Article I, Section 1.1.29 of the Declaration is hereby amended by adding the following to
the end thereto:

        The Property constitutes a residential property owners development which hereby submits to
the Georgia Property Owners’ Association Act, O.C.G.A. Section 44-3-220, et seq. (Michie, 1982), as
such act may be amended from time to time.
                                                  2.

        Article I of the Declaration is hereby amended by adding the following subsection 1.1.36
thereto:

       1.1.36 “Act” shall mean the Georgia Property Owners’ Association Act, O.C.G.A. Section
44-3-220, et seq. (Michie 1982), as such act may be amended from time to time.

                                                    3.

        Article V, Section 5.2 of the Declaration is hereby amended by deleting that Section in its
entirety and substituting the following therefor:

         5.2     Duties and Powers of the Association. The Association, acting through its Board of
Directors, shall have such duties and all rights, privileges and powers set forth in the Act, the Georgia
Nonprofit Corporation Code, the Declaration, the Bylaws, and the Articles of Incorporation, together
with those reasonably implied to affect the purposes of the Association. If there are conflicts or
inconsistencies between the Act, the Georgia Nonprofit Corporation Code, the Declaration, the
Bylaws, or the Articles of Incorporation, then the provisions of the Act, the Georgia Nonprofit
Corporation Code, as may be applicable, the Declaration, the Articles of Incorporation and the bylaws,
in that order, shall prevail, and the Board may make such amendments as are necessary to remove such
conflicts or inconsistencies.
                                                     4.

         Article VIII, Section 8.10 of the Declaration is hereby amended by deleting that Section
in its entirety and substituting the following therefor:

         8.10      Creation of the Lien and Person Obligation for Assessments: Lien Priority. All
assessments authorized against a Lot under Section 8.1 hereof and all assessments authorized under
the Act, together with charges, interest, costs, and reasonable attorney’s fees actually incurred, shall be
a charge on the Lot and shall be a continuing lien upon the Lot against which each assessment is made.
Such amounts shall also be the person obligation of the person who was the Owner of such Lot 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 against a Lot due and payable at the time of any conveyance.
The lien provided for herein shall have priority as provided in the Act. No Owner may exempt himself
or herself from liability for or otherwise withhold payment of assessments for any reason whatsoever.
                                                    5.

         Article VIII, Section 8.11 of the Declaration is hereby amended by deleting that Section
in its entirety and substituting the following therefor:

        8.11 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.

                  8.11.1 If any assessment or other charge due from an Owner, or any part thereof, is
not paid within ten (10) days of the due date, a late charge equal to the great of ten ($10.00) dollars or
ten (10%) percent 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 (10%) percent per annum or such higher rate as permitted by the Act shall accrue from the due
date. If part payment of assessments and related charges is made, the amount received shall be applied
first to costs and attorney’s fees, then to late charges, then to interest, then to delinquent assessments,
and then to current assessments.

                8.11.2    If any assessment or other charge due from an Owner, or any part thereof,
remains delinquent and unpaid for more than thirty (30) days after the date due, then the Board may
accelerate and declare immediately due any unpaid installments of the Owner’s annual assessment
upon ten (10) days written notice to the Owner.

                8.11.3    If any assessment or other charge due from an Owner, or any part thereof,
remains delinquent and unpaid more than thirty (30) days after the due date, then the Owner’s voting
rights may be suspended by the Board and the Owner may excluded from quorum and voting
requirements, as provided in the Act, until full payment is made.

                 8.11.4   If any assessment or other charge due from an Owner, or any part thereof,
remains delinquent and unpaid for more than sixty (60) days after the due date, then the Association,
acting through the Board, may institute suit to collect all amounts due pursuant to the provisions of the
Declaration, the By-Laws, the Act and Georgia law.

                                                    6.

         Article VIII, Section 8.15 of the Declaration is hereby amended by deleting that Section
in its entirety and substituting the following therefor:

                8.15 Statement of Account. Any Owner, Mortgagee, or a person having executed a
contract for the purchase of a Lot, or a lender considering a loan to be secured by a Lot, shall be
entitled, upon written request, to a statement from the Association setting forth the amount of
assessments due and unpaid, including any late charges, interest, fines, or other charges against a Lot.
The Association shall respond in writing within five (5) days of receipt of the request for a statement;
provided, however, the Association may require the payment of a fee, not exceeding ten ($10.00)
dollars or such higher amount authorized by the Act, as a prerequisite to the issuance of such a
statement. Such written statement shall be binding on the Association as to the amount of assessments
due on the Lot as of the date specified therein.
                                                  7.

        Article XII, Section 12.2 of the Declaration is hereby amended by deleting the
phrase “amendment must be approved by Members holding at least sixty percent (60%) of the
total votes of the Association” therefrom and substituting “amendment must be approved
by Members holding at least sixty-six and two-thirds percent (66-2/3%) of the total eligible votes
of the Association” therefor.

                                                 8.

         Article XIV, Section 14.1 of the Declaration is hereby amended by deleting that Section
in its entirety and substituting the following therefor:

        14.1 Duration. The covenants and conditions of this Declaration shall run with and bind the
Property perpetually to the extent provided in the Act.


          IN WITNESS WHEREOF, the undersigned officers of Henderson Village Property Owners
Association, Inc., hereby certify that the above amendment to the Declaration was duly adopted by the
required majority of the Association and its membership.


          This ______ day of _______________, 20___.


Sworn to and subscribed to before                          HENDERSON VILLAGE PROPERTY
me this ____ day of ___________,                           OWNERS ASSOCIATION, INC.



                                                 By:
          ___________________________________(Seal)
Witness                                                    President




Notary Public                                   Attest:
          ___________________________________(Seal)
                                                           Secretary


          [Notary Seal]


                                                                  [CORPORATE SEAL]

								
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