BY-LAWS
OF
SHENANDOAH WOODS PROPERTY OWNERS' ASSOCIATION, INC.
ARTICLE I
The property to which these By-Laws pertain shall be known as Shenandoah Woods, more particularly described as follows:
All that lot or parcel of land situated, lying and being in the County of Columbia, State of Georgia, containing 73.68 acres as shown on a plat for Columbia Planned Unit Developers, Inc., prepared by James G. Swift & Associates, dated May 29, 1978, a copy of said plat being recorded in the Office of the Clerk of Superior Court for Columbia County, Georgia, in Plat Book 8, page 65, reference being made to said plat for more complete description as to the meters, bounds and location of said property and any future development of the Shenandoah Woods.
ARTICLE II
SECTION 1. Only owners of lots under duly recorded warranty deeds or bonds for title in "Shenandoah Woods" as aforedescribed shall be members of The Association with each successive owner replacing his or her predecessor in membership. Ownership of property as a qualification for membership is defined as follows: Ownership of any such property under recorded deed, whether the owner is an occupant or not, or ownership under bond for title or contract of purchase, if the same be accompanied by actual occupancy of the lot in question. Membership shall cease upon the sale or the transfer of title of any such lot to another.
SECTION 2. No person or corporation taking title as security for the payment of money or for the performance of any obligation shall be entitled to membership.
SECTION 3. Columbia Planned Unit Developers, Inc. (CPUD), shall be a member of The Association as long as it is the owner of one or more lots of Shenandoah Woods as aforedescribed.
SECTION 4. Each member, as defined in Section 1 of the Article, shall have one vote for each lot owned of such member. In the event of multiple ownership of one lot such multiple owners shall have jointly only one vote by reason of such multiple ownership.
SECTION 5. A corporation, including the Owner, owning one or more lots in any area hereinabove defined in the preamble to this instrument by reference to the aforesaid plat of Shenandoah Woods shall have one vote for each such lot owned by such corporation, by no member, stockholder, employee, or officer of such corporation shall acquire thereby any right or rights individually to become members of The Association.
ARTICLE III
MEETINGS OF MEMBERSHIP AND OFFICERS
SECTION 1. The annual meeting of The Association shall be held during the 11th month of each year after ten (10) days written notice to all members.
Special meetings of The Association may be called by the President upon giving of fifteen (15) days written notice to all members. Such meetings shall be called when requested by (a) the Officers or (b) the members having one-third of its voting rights.
Except where otherwise provided by law or under the provisions of these By-Laws, all action taken at regular or special meetings of The Association shall be by a majority of the votes entitled to be cast by members who are not delinquent in the payment of any annual or special assessment and present or voting by written proxy. A quorum for the holding of any such meeting shall be the presence, either in person or by written proxy, of members holding a majority of the voting rights of the entire membership.
SECTION 2. Special meetings of the Officers may be called at any time by the President upon the giving of three days notice to all officers. Such meetings shall be called when requested by (a) one-third of the officers or (b) members of The Association having one-third of its voting rights. Except as otherwise provided by law or under the provisions of these By-Laws, all action taken at regular or special meetings of the officers shall be by a majority of those officers present and voting. A quorum for the holding of any such meeting shall be the presence of a majority of the Officers.
SECTION 3. Placing of such written notice as shall be required under the provisions of Section 1 and 2 of this Article in the United States mail with proper postage affixed, directed to each member at his or her last known address shall be the equivalent of the giving of actual written notice to such members.
SECTION 4. The Officers shall determine the location of all meetings of the membership and Officers.
ARTICLE IV
OFFICERS OF THE ASSOCIATION
SECTION 1. The officers of The Association shall be: A President, A Vice President, A Secretary and A Treasurer and such other officers as the "Officers" may, from time to time, by resolution, create.
SECTION 2. The officers of The Association shall be elected by the members of The Association annually at the annual meeting of the members and shall serve as such until their respective successors in office are elected and qualify.
SECTION 3. In the event any officer by death, resignation or otherwise shall cease or become unable to discharge his or her duties as such officer, the members shall immediately declare the office vacant at a meeting especially called for that purpose, notice thereof being given in the notice of the meeting to members and the members shall forthwith proceed to elect an officer for the unexpired term of office thus declared vacant.
SECTION 4. Officers of The Association shall serve without compensation unless and until compensation and the amount thereof shall be authorized by the members. Any compensation paid to any Officer must be approved by a majority vote of the entire membership of The Association.
SECTION 5. Any officer of The Association may be removed from office by a two-thirds vote of the members whenever the best interest of The Association will be served thereby.
SECTION 6. The Officers of The Association shall manage and administer the affairs of The Association and shall have the following powers and authority:
(a) To landscape and maintain the beautification of all entrances to Shenandoah Woods as well as the common areas and right-of-way areas adjacent to all streets of said subdivision and contract for the performance of such services.
(b) To require all lot owners to maintain their property in conformity with the protective covenants of record applicable to Shenandoah Woods and in the event of violation or breach of any of the provisions thereof may proceed at law or in equity to compel the compliance to said covenants or to prevent the violation or breach thereof or to recover damages for such violation.
(c) To fix the amount of annual assessment for vote by the members of The Association and, when needed, recommend special assessments to the membership at an annual or special meeting.
(d) Such duties and authority of the officers may be enlarged or limited at any time and from time to time by a quorum at a called meeting.
SECTION 7. Only members of The Association who are not delinquent in payment of any annual or special assessment shall be eligible for election of an officer of The Association.
SECTION 8. The officers shall have the authority to establish such committees as from time to time it may deem necessary with the power to act.
ARTICLE V
ASSESSMENTS
SECTION 1. Each member of The Association shall pay to the Treasurer by January 1st of each year, in advance, an annual assessment levied on each lot in an amount determined by the officers and voted on by the members at its annual meeting for the use by the officers in carrying out the purposes of The Association. The amount of such assessment shall be sufficient to pay for all expenses in the landscaping, maintenance and beautification of all entrances, common areas and right-of-way areas adjacent to all streets and other purposes as provided in Section 4 of Article III of these By-Laws.
SECTION 2. Special assessments may be levied when necessary and when approved by a majority vote of the entire membership of The Association at an annual or special meeting.
SECTION 3. The amount of any annual or special assessment shall be in equal amounts with respect to each lot.
SECTION 4. The Annual and Special Assessments, together with interest thereon at the then rate of interest which The Association would be charged by a local lending institution willing to extend monies to it and costs of collection thereof, shall be a charge on and a continuing lien upon the property against which each assessment is made. A notice claiming such lien may be filed for record by The Association in the Office of the Clerk of Superior Court of Columbia County, Georgia, but in no event shall any claim of lien be filed until such sums remain unpaid for not less than 30 days after the same shall become due and payable thereafter until the claim of lien is satisfied. Each owner shall be liable for his or her portion of each assessment coming due thereafter until the claim of lien is satisfied.
SECTION 5. Payment of all outstanding dues, assessments, etc. and a letter of resignation from the Association member, signed by this person, is to be submitted to the officers of The Association before official resignation is accepted.
ARTICLE VI
BANK ACCOUNTS, CHECKS AND BONDS
SECTION 1. Bank accounts for the deposit of funds of The Association may be opened in such financial institutions as may be selected and designated from time to time by the Officers.
SECTION 2. Said financial institutions are authorized to make payments of the funds of The Association on deposit with them; such payments to be made upon presentation of checks, drafts or negotiable orders of withdrawal signed by such officers as may be designated by the members.
SECTION 3. Books, accounts and records of The Association shall be open to inspection by any member of The Association, or any officer thereof, at all reasonable times during the usual business hours of the day, or at any annual or special meeting of the Officers or members of The Association.
SECTION 4. The officers and employees shall furnish such bonds for the faithful performance of their duties as may be required by the members.
SECTION 5. The Treasurer shall present a statement of receipts and disbursements at each annual meeting of the membership of The Association.
ARTICLE VII
SECTION 1. These By-Laws may be amended by any annual or special meeting of The Association by members having a majority of the voting rights of The Association provided that there shall have first been given to all members a written notice of such meeting and the substance of the proposed amendment, which notice shall be sent so as to be received by each member not less than 15 days before the time for holding the meeting. A notice duly stamped and mailed to the last known address of the member shall be sufficient notice of such meeting.
APPROVED THIS 18th day of April, 1982.
Shenandoah Woods is Columbia County's most unique residential enclave. Consisting of twenty-four homes on two to six acre tracts, this secluded and quiet neighborhood is within the new Evans Town Center concept and adjacent to Jones Creek golf course and residential area.
