Amendments

Need 67% or 74 votes to amend declaration.*

Article VI, of the Declaration is hereby deleted in its entirety and replaced with the following:

“Section 7. Decks, Patios, and Porches.

(a) No Owner may construct or cause to be constructed a deck, porch or patio in the Condominium, without first obtaining the written consent of the Board of Directors as provided for herein. The Owner requesting the improvement, shall pay for all costs and expenses incurred in the construction, in full when due so as to prevent the filing of any mechanic’s liens against the Condominium. All decks, patios and porches located in the Condominium are Limited Common Elements, however, all decks, patios and porches shall be maintained and kept clean at all times by the Unit Owner using and benefiting from the improvements. The Board of Directors shall create a manual, maintenance schedule and inspection schedule, with the assistance of a structural engineer and deck professionals, that outlines the recommended timelines and procedures of maintenance and upkeep for the decks and patios for Unit Owners to follow. Said manual may be amended and revised from time to time in the Board of Directors’ sole discretion. In the event the applicable Unit Owner shall fail to maintain said deck, patio and/or porch in a manner satisfactory to the Board of Directors, the Board of Directors shall have the right and easement, through its agents and employees, to enter upon said Unit to repair, maintain, replace, restore and landscape the deck, porch and/or patio erected thereon.

(b) The costs and expenses of the Board of Directors incurred in connection with (a) above shall be added to and become part of the assessment to which such Unit is subject, and as set forth in Section 1 in this Article VI above, said assessment, shall be due and payable on the first (1st) day of the month in which said assessment or charge is due. If any assessment or charge is not received by the Association by the tenth (10th) day of the month in which the same are due, the assessment or charge shall be considered delinquent, and the amount delinquent thereof, together with a late fee equal to fifteen dollars ($15.00) per month, and all court costs, reasonable attorney's fees, and expenses of collection or enforcement, upon the recording of notice thereof by the Board of Directors, shall be a lien upon such Unit Owner's interest in the Condominium prior to all other liens and encumbrances, recorded or unrecorded, except only first deeds of trust due to mortgages, taxes, special assessments and special taxes theretofore or thereafter levied by any political subdivision or municipal corporation of this State and other state or federal taxes which by law are a lien on the interest of such Unit Owner prior to pre-existing recorded encumbrances thereon, and encumbrances on the interest of such Unit Owner recorded prior to the date such notice is recorded, including prior recorded deeds of trust, which by law would be a lien thereon prior to subsequently recorded encumbrances. Any encumbrancer whose lien is junior to the lien of the common expenses herein provided, may from time to time request in writing a written statement from the Board of Directors setting forth the unpaid assessment for Common Expense Liability with respect to the Unit covered by these encumbrances and unless the request is complied with within twenty (20) days, all unpaid common expenses which become due prior to the date of the making of such request shall be subordinate to the lien of such encumbrance. Any encumbrancer holding a lien on a Unit may pay any unpaid common expenses payable with respect to such Unit and upon such payment such encumbrancer shall have a lien on such Unit for the amounts paid at the same rank as the lien of his or her encumbrance. Any late charge imposed by reason of this Article may be abated in whole or in part by the Board of Directors for good cause shown. The Board of Directors shall give notice of any Unit Owner’s default to the holder of this first mortgage on said Unit if such default is not cured within thirty (30) days, if said holder has requested the same in writing from the Board of Directors.

(c) Notwithstanding the foregoing and anything contained herein to the contrary, the Association shall be responsible for any and all costs incurred to improve the decks, patios and porches in the Condominiums to be in compliance with all applicable building codes and ordinances as of __________, 2022 (“Improvement Date”), including but not limited to the costs incurred to hire an engineer to oversee said improvements. The Association shall also be responsible for treating, including painting and/or staining, the decks, patios and porches that were brought up to code, but not treated, in the period beginning on January 1, 2021 to the Improvement Date.” 

Background

Need 67% or 74 votes to amend declaration*

Article IX, Section 2 of the Declaration is hereby deleted in its entirety and replaced with the following:

“Section 2. Personal Property Insurance. Each Unit Owner shall obtain and shall be responsible for maintaining his or her own insurance on the contents of his or her Unit including floors, walls, ceiling covers, exterior doors and windows, cabinets and fixtures, and on any additions and improvements to the Unit, and shall be responsible for insurance on any personal property belonging to him/her, but stored elsewhere on the Property. Each Unit Owner shall provide proof of such insurance to the Association annually, as well as providing the Association with notice of any changes to said Unit Owner’s policy. The Board of Directors may establish policies, rules and regulations regarding the enforcement and operation of this Section, including but not limited to the imposition of fines on any Unit Owner who fails to comply with this Section.”

Need a majority or 56 votes to amend bylaw*

Article II, Section 1 of the Bylaws is hereby deleted in its entirety and replaced with the following:

“Section 1. The Board of Directors of the Association shall consist of five (5)

Directors “of the first three Board Members, the term of office of one Director shall be fixed for three (3) years; the term of office of one Director shall be fixed for two (2) years; and the term of one Director shall be fixed for one (1) year. Of the two Board Members remaining, the term of office of one Director shall be fixed for two (2) years; the term of office of one Director shall be fixed for one (1) year. The terms of office of the five Board Members shall date from ______, 2023. At the expiration of the initial term of office of each respective Director, his successor shall be elected (or appointed) to serve a term of three (3) years. The Directors shall hold office until their successors have been elected (or appointed) and hold their first meeting, except as is otherwise provided. who shall each be elected at each annual meeting of the Unit Owners in accordance with this Section 1 of Article II. The word “Director” as sometimes used herein shall mean a person elected to and serving on the Board. One (1) Director shall be elected by the Unit Owners in Building 10358 Chimney Rock Drive, one (1) Director shall be elected by the Unit Owners in Building 10374 Chimney Rock Drive, one (1) Director shall be elected by the Unit Owners in Building 10381 Oxford Hill Drive and one (1) Director shall be elected by the Unit Owners in Building 10367 Oxford Hill Drive. The fifth (5th) Director shall be elected by the Unit Owners of one Building each year in accordance with the following rotation: the fifth Director shall be elected by the Unit Owners in Building 10367 Oxford Hill Drive in year one, by the Unit owners in Building 10374 Chimney Rock Drive in year two, by the Unit Owners in Building 10381 Oxford Hill Drive in year three, and by the Unit Owners in Building 10358 Chimney Rock Drive year four. Each Director shall hold office for the term of one (1) year and until his or her successor shall be duly elected and qualified as provided herein. At the Director’s meeting following the Effective Date of this Amendment, in order to comply with the foregoing, the Director from each building that received the lowest number of votes at the preceding annual meeting shall be removed as a Director (i.e., lowering the number of Directors of the Association from nine to five).”

Vacancies. Vacancies of an elected Board Member on the Board of Directors caused by any reason other than the removal of the Director by a vote of the Association shall be filled by vote of the majority of the remaining Directors, even though they may constitute less than a quorum; and each person so elected shall be a Director until a successor is elected at the next Annual Meeting of the Association.

Removal of Officers. Upon an affirmative vote of a majority of the members of the Board of Directors, any officer may be removed, either with or without cause, and his successor elected at any regular meeting of the Board of Directors, or at any special meeting of the Board called for such purpose.