Whitaker Place Condominium Association

Key facts from Whitaker Place Condominium Association's documents

Reflects the 2005 governing documents — figures and rules are as originally recorded and may have changed since.

Community type

Condominium (Title)

Legal name

Whitaker Place Condominium Association, Inc. (Article 1(b))

Developer / declarant

101 W. BROUGHTON STREET, LLC (Preamble)

Governing law

Georgia Condominium Act (O.C.G.A. Title 44, Chapter 3, Section 70 et seq.) (WHEREAS clauses; Article 1)

Assessments & dues

Not fixed; determined annually by Board budget; each Unit bears 8.33% (one-twelfth), except elevator maintenance is 1/9 for basement and residential units serviced (Article 6; Article 9(a))

Special assessments

Permitted: for budget inadequacy (Article 9(c)); for reconstruction/replacement (Article 9(e) - 2/3 board approval); for capital improvements (Article 9(f) - 2/3 member vote) (Article 9(c), (e), (f))

Collections & liens

Unpaid assessment becomes a lien in favor of Association; may be enforced under Act §109; lien includes late charges, interest, costs, attorney's fees, and fair rental value (Article 10(a), (b))

Reserves & fees

Board may establish reserve fund for maintenance, repair, replacement; working capital fund also provided; adequate reserve fund required for periodic maintenance, repair, replacement of common elements (Article 9(b)(vi); Article 24(i) ("establ)

Pets

Yes (Article 16(l))

Leasing & rentals

Yes, but all leases/rental agreements must be approved by Association prior to execution (Article 16(o))

Architectural approval

Alterations in portions maintained by Association require approval of all Unit owners in that Unit and Board of Directors; plans by licensed architect required (Article 7(c)). Changes to exterior of Unit require Board approval (Article 16(j (Article 7(c); Article 16(j))

Home business

Ancillary business allowed in residential Units if: not apparent from exterior, no client visits, conforms to zoning, does not increase insurance, not a nuisance, no signs, no materially greater use of common property (Article 16(a))

Maintenance

Association (included in portions contributing to support) (Article 7(a)(1))

Insurance

Maximum $10,000 per occurrence; deductible treated as maintenance expense paid by responsible party or apportioned equitably by Board (Article 12(a)(vi), (i))

Use restrictions

Second and third floor Units restricted to residential use; basement and first floor commercial (non-residential) (Article 16(a))

Voting & meetings

One vote per Unit (Article 11(b))

Amendments

Approval by Owners of 65% of common areas; no amendment discriminating against Unit or changing boundaries or shares without affected Owner and lienholder consent; recorded with certification by President and Secretary (Article 22)

Extracted from the recorded governing documents and cited to them; may be incomplete and is not legal advice — verify against the official documents below.