IV. Rights and Obligations of the Association
4.1. Common Area
The Association, subject to the rights of the Owners set forth in this Declaration, shall manage and maintain the Common Area and all improvements located thereon, including the Community recreational facilities, in a manner consistent with the Community-Wide Standard. The Board is specifically authorized, but not obligated, to retain or employ professional management to assist in carrying out the Association’s responsibilities under the Governing Documents, the cost of which shall be a Common Expense.
4.2. Personal Property and Real Property for Common Use
The Association, through action of its Board, may acquire, hold, and dispose of tangible and intangible personal property and real property. Declarant and its designees may convey to the Association improved or unimproved real estate, or interests in real estate, located within the properties described in Exhibits “A” or “B,” personal property, and leasehold and other property interests. Such property shall be accepted by the Association “as is” and thereafter shall be maintained by the Association at its expense for the benefit of its Members, subject to any restrictions set forth in the deed or other instrument transferring such property to the Association. Declarant shall not be required to make any improvements to the property conveyed to the Association. Upon written request of Declarant, the Association shall reconvey to Declarant any unimproved portions of the Common Area originally conveyed by Declarant to the Association for no consideration and without a vote of the members, to the extent conveyed by Declarant in error or needed by Declarant to make adjustments in property lines.
4.3. Enforcement
The Association may impose sanctions for violations of the Governing Documents in accordance with procedures set forth in the By-Laws, including reasonable monetary fines and suspension of the right to vote and the right to use and enjoy any recreational facilities serving the Community. In addition, in accordance with of the By-Laws, the Association may exercise self-help to cure violations and may suspend any services it provides to the Unit of any Owner who is more than thirty (30) days delinquent in paying any assessment or other charge due to the Association. All remedies set forth in the Governing Documents shall be cumulative of any remedies available at law or in equity. In any action to enforce the provisions of the Governing Documents or Association rules, if the Association prevails it shall be entitled to recover all costs, including, without limitation, attorneys fees and court costs reasonably incurred in such action. So long as the Declarant owns any property described on Exhibits “A” or “B”, the Declarant may, but shall not be obligated to, take any enforcement action, or exercise any right on behalf of or independent from the Association.
The Association shall not be obligated to take action to enforce any covenant, restriction or rule which the Board reasonably determines is, or is likely to be construed as, inconsistent with applicable law, or in any case in which the Board reasonably determines that the Association’s position is not strong enough to justify taking enforcement action. Any such determination shall not be construed as a waiver of the right to enforce such provision under other circumstances or estop the Association from enforcing any other covenant, restriction or rule.
The Association, by contract or other agreement, may enforce county and city ordinances, if applicable, and local governments may enforce their ordinances within the Community; provided, however, in the event that there is any conflict between the provisions of this Declaration and any county or city ordinances, the more restrictive provision shall control.
4.5. Governmental Interests
For so long as Declarant owns any property described on Exhibits “A” or “B,” Declarant may designate areas within the Community for fire, police, and utility facilities; parks; or other public or quasi-public facilities. The areas may include the Common Area, in which case the Association shall take whatever action is required with respect to such Common Area to permit such use, including conveyance of the Common Area, if so directed by Declarant.
4.6. Indemnification
The Association shall indemnify every officer, director, and committee member, including members of the Architectural Review Committee established under Article IX, against all damages and expenses, including attorneys fees reasonably incurred in connection with any action, suit, or other proceeding (including settlement of any suit or proceeding, if approved by the then Board of Directors) to which he or she may be a party by reason of being or having been an officer, director, or committee member, except that such obligation to indemnify shall be limited to those actions for which liability is limited under this Section and Georgia law.
The officers, directors, and committee members shall not be liable for any mistake of judgment, negligent or otherwise, except for their own individual willful misfeasance, malfeasance, misconduct, or bad faith. The officers and directors shall have no personal liability with respect to any contract or other commitment made or action taken in good faith on the Association’s behalf (except to the extent that such officers or directors may also be Members of the Association). The Association shall indemnify and forever hold each such officer, director and committee member harmless from any and all liability to others on account of any such contract, commitment or action. This right to indemnification shall not be exclusive of any other rights to which any present or former officer, director, or committee member may be entitled. The Association shall, as a Common Expense, maintain adequate general liability and officers’ and directors’ liability insurance to fund this obligation, if such insurance is reasonably available.
Decisions whether to institute litigation are no different from other decisions directors make. There is no independent legal obligation to bring a civil action against another party. In deciding whether to bring a civil action against another party, any director of the Association is protected by the business judgment rule as explained in the By-Laws.
4.7 Dedication of Common Areas
The Association, acting through the Board, may dedicate portions of the Common Areas to any local, state, or federal governmental or quasi-governmental entity.
4.8. Safety and Security
Attention
In the original document, this entire section was stylized in bold. Because no part of the document ascribes meaning to this particular stylization of text, its interpretation is subjective and thus is not replicated on this page.
Each Owner and occupant of a Unit, and their respective guests and invitees, shall be responsible for their own personal safety and the security of their property in Monticello Park. The Association may, but shall not be obligated to, maintain or support certain activities within the Community designed to enhance the level of safety or security which each person provides for himself or herself and his or her property. Neither the Association, the Declarant nor the officers, directors or agents of any of them shall in any way be considered insurers or guarantors of safety or security within the Community, nor shall either be held liable for any loss or damage by reason of failure to provide adequate security or ineffectiveness of security measures undertaken.
No representation or warranty is made that any security system or measures, including any mechanism or system for limiting access to the Community, can not be compromised or circumvented, nor that any such systems or security measures undertaken will in all cases prevent loss or provide the detection or protection for which the system is designed or intended. Each Owner acknowledges, understands, and shall be responsible for informing its tenants and all occupants of its Unit that the Association, its Board of Directors and committees, and Declarant and its officer, directors or agents are not insurers or guarantors of safety or security and that each Person within the Community, by acceptance of a deed, assumes all risks of personal injury and loss or damage to property, including Units and the contents of Units, resulting from acts of third parties. The obligation to provide security lies solely with the Unit Owner individually.
4.9. Suspension of Services and Utilities Provided by the Association
In the event any assessment, fine or other charge, or any portion or installment thereof, is delinquent for thirty (30) days or more, in addition to all other rights provided in this Declaration, the Association shall have the right, upon ten (10) days written notice, to suspend any utility or service, the cost of which is paid for by the Association as a common expense, which shall include, without limitation, water service provided to a Unit, until such time as the delinquent assessments and all costs permitted under this Section, including, without limitation, reasonable attorneys’ fees actually incurred and any reasonable utility provider charges or other reasonable costs incurred in suspending and/or restoring such services, are paid in full. Said utility services shall not be required to be restored until such delinquent assessments and costs, including, without limitation, any reasonable utility provider charges or other reasonable costs incurred in suspending and/or restoring such services, are paid in full. An Owner whose utility or service has been suspended shall not be entitled to use any such utility or service paid for as a common expense from any source. All Association expenses for terminating and/or restoring any services pursuant to this Section, including reasonable attorneys’ fees actually incurred, shall be a specific assessment and a lien against the Unit and shall be collected as provided herein for the collection of assessments. The notice requirement of this Section shall be deemed complied with if the notice is sent by certified mail, return receipt requested, to the address of the Unit and to any other address the Owner of the Unit has designated in writing to the Association. Enforcement under this Section is not dependent upon or related to other restrictions and/or other actions, except as provided in this Section.