Bylaws and Declaration
A summary of the Hillsdale I Declarations, Bylaws, and Board Votes. Incorporated into
and in accordance with Declarations 9, 10, & 15; & Bylaws Article III and Article VII.
Date: Revised November 1, 2006
The Condominium Units shall be and
are restricted exclusively to residential use and no business may be
conducted upon or in any building, unit, or any portion of the
Property. Declaration 10.
No unit may be subdivided into a
smaller unit and no structures of a temporary character, trailer,
tent, shack, carport, garage, barn or other outbuilding, are allowed
at any time either temporarily or permanently on any portion of the
property. Declaration 10. (a)
No animals, livestock, or poultry of
any kind shall be raised, bred or kept on any part of the property.
No more than two (2) dogs, cats, or other household pets may be kept
by an owner in his/her respective unit provided that they are not
kept, bred or maintained for any commercial purpose and do not
endanger the health or unreasonably disturb the owner or occupants
of any other units. No pet enclosures shall be erected, placed, or
permitted to remain on the Property. Declaration 10. (b)
No advertising signs, except for one
(1) "for rent" or "for sale" sign per unit [not more than one foot
by two feet (1'x2') placed only inside the enclosed unit],
billboards, unsightly objects or nuisances shall be erected, placed,
or permitted to remain on the property. Declaration 10. (c)
All rubbish, trash, and garbage shall
be regularly removed from the premises and shall not be allowed to
accumulate. Declaration 10. (d)
No planting or gardening shall be
done, and no fences, hedges, or walls shall be erected or maintained
upon the property except as approved by the Association Board of
Directors or their designated representative. Declaration 10. (e)
An owner shall do no act nor any work
that will impair the structural soundness or integrity of another
unit or impair any easement, nor do any act nor allow any condition
to exist which will adversely affect the other units or their
owners. Declaration 10. (f)
No owner or occupant of a unit may
use or allow the use of the unit or any portion of the condominium
in any way or for any purpose which may endanger the health or
unreasonably annoy or disturb other owners or occupants or
constitute a nuisance. Declaration 10. (h)
No boats, boat trailers, campers,
trucks, vehicles primarily used for commercial purposes, or vehicles
with commercial writings on their exteriors, shall be stored,
allowed to remain, or continuously parked on the property except in
an area, if any, designated by the Board of Directors for such
purposes. Declaration 10. (i); and Bylaws VEHICLES section
Any owner intending to sell or lease
his/her unit shall give notice in writing to the Board of Directors
of such intention, stating the names and addresses of the intended
purchaser or lessee. The "Hillsdale I Lease Agreement" is to be used
for all leases. Declaration 15. (a)
PATIOS AND BALCONIES:
Bylaws, Article VII, Section 1
Balconies, patios, and decks must be
kept in neat and clean condition. Only customary patio furniture,
plants, or similar items and firewood may be kept on patios.
Flowerpots, window boxes, and other items should not be placed on
patio railings. Hanging pottery should not hang directly over patio
railings. Drying of laundry on patios or outside the units is not
Firewood shall be neatly stacked only
at or on patios and decks (prohibited on any other parts of the
Property), on raised racks, and away from any exterior wall. Rotten
or insect infested firewood shall be removed upon discovery.
Personal items such as barbecue
grills, chairs, lounges or similar items; seasonal decorations,
playground equipment, etc.; may not be stored or left on any parts
of the Property not located within the boundaries of a unit.
Barbecue grills which are open flame cooking devices
(charcoal or liquefied petroleum [LP] gas or liquid fueled burners)
are prohibited. Electric grills are currently allowed. Georgia
Rules and Regulations of the Office of Fire Commissioner, Chapter
120-3-3-.04(5)(a); and Georgia Standard Fire Prevention Code,
Chapter 5, Section 501.5
Storage is not allowed on patios,
under stairwells, or in front entrance areas.
Littering of any kind is prohibited
on the Property.
TRASH AND GARBAGE:
Bylaws, Article VII, Section 1
All garbage and trash must be sealed
in a tied plastic bag, placed in the garbage cans assigned to your
building, and the lids placed tightly on the cans. Garbage and trash
will not be permitted to accumulate on the breezeways, patios,
decks, or outside the unit including along walkways and sidewalks.
If trash is of such a nature (e.g., cardboard boxes) that it cannot be put in the garbage cans, it should be broken down and placed in a tied garbage bag and placed in one of the garbage cans assigned to your building. If you have items that can not be disposed of in a garbage bag, please call City of Smyrna Sanitation and schedule a special pickup at 770-431-2850. Additional charges, if any, will be billed to homeowner’s account.
Each homeowner/resident is
responsible for the proper disposal of any trash, items, or
appliances he/she discards that the garbage or sanitation collectors
will not pick up.
The following items shall be
prohibited for disposal within the city: Hazardous waste, paint,
rubber tires, yard waste, inert building material, and motor oil.
Such items are to be disposed of at a recycling facility or an
Recycling center is located on Smyrna Hill Drive.
Bylaws, Article VII, Section 1.; Vehicle Resolution; Parking Permit
General. Parking shall be only within
designated parking spaces on the common elements of the Condominium,
and vehicles must be parked in a front first position only. Each
unit has one (1) reserved parking space identified by a number in
the space. Unmarked spaces are available for second cars and
Restricted Vehicles and General
Provisions. No Owner or Occupant may keep or bring onto the
Condominium more than two (2) vehicles per Unit at any time without
prior written Board consent; provided, however, this provision shall
not prohibit an Owner or Occupant from having guests or service
vehicles park on the Condominium if otherwise in compliance with
this subparagraph. Parking is permitted only in designated parking
spaces or other areas authorized in writing by the Board. Parking is
on a first come, first served basis, unless parking spaces are
assigned pursuant to this Declaration. The Board may adopt
additional parking regulations, including requirements of obtaining
and displaying vehicle parking permits. No Owner or Occupant may
park or keep vehicles at the Condominium primarily for the purpose
of resale, and any such frequent rotating purchase and sale of
vehicles at the Condominium shall be deemed an unauthorized business
activity in violation of Paragraph 10 of the Declaration.
Disabled and stored vehicles are prohibited from being parked on the
Condominium and are subject to towing within 24 hours after notification. For purposes hereof, a vehicle shall be considered
“disabled“ if it does not have a current license tag or is obviously
inoperable at highway speeds. A vehicle shall be considered “stored”
if it remains on the Condominium without being driven for fourteen
(14) consecutive days or longer without prior written Board
Except as provided herein, only authorized four (4)-wheel passenger
automobiles may be parked on the Condominium. The following vehicles
are prohibited from being parked on the Condominium, at any time,
except: (i) in areas which may be designated by the Board as parking
areas for particular types of vehicles, (ii) pursuant to written
regulations adopted by the Board, or (iii) if a valid and current
parking pass has been issued by the Board for temporary parking of
such vehicle (which is in the sole discretion of the Board):
A. Boats and watercraft;
C. Panel trucks;
E. Taxis, Limousines, or Hearses;
H. All-Terrain Vehicles (ATV's)
vehicles (RV's and motor homes);
J. Any such vehicles which do
not fully fit within the width of identified parking spaces on the
property, or are of excessive length so as to extend in to the
roadway an unsafe distance when parked in an identified parking
K. Any vans or trucks (including pickup trucks), except:
1. Vans/mini-vans/trucks/pickup trucks with a load capacity
of three-quarter (3/4) ton or less, and
Vehicles classified as Sport-Utility Vehicles by the National
Automobile Dealers or by Kelly's Blue Book;
L. Vehicles with
commercial writings on their exteriors;
M. Vehicles used
primarily for commercial purposes and containing visible evidence of
commercial use, such as ladders, tool or trade racks, or tool boxes,
except that pickup trucks may install in the truck bed one (1)
fitted, customary manufactured tool box which does not extend more
than four (4) inches above the side wall of the cab of the truck,
and which is not decorated, painted, altered or deteriorated from
its original manufactured condition and the bed of the truck must be clean and free of any items;
maintained or junk vehicles, including vehicles which are leaking
oil or other fluids, or vehicles with a flat tire, with damaged
bodies, with faded or mismatched paint, with primed but unpainted
areas, with missing or mismatched body parts, or with
camouflage-style, graffiti-style or other non-professional and
non-manufacture-style paint on the vehicle;
O. Vehicles covered
with vehicle covers, tarps or other such coverings;
with larger than eighteen (18“) inch tires or with more than twelve
(12") inches between the top of the tire and the bottom of the wheel
well of the vehicle.
Notwithstanding the above, those trucks,
vans, commercial vehicles and vehicles with commercial writings on
their exteriors which are prohibited above shall be allowed
temporarily on the Common Elements during normal business hours for
the purpose of serving any Unit or the Common Elements, but no such
vehicle shall remain on the Common Elements overnight or for any
purpose except serving a Unit or the Common Elements, without
written Board consent.
Parking at the clubhouse is limited
to the spaces near the pool and tennis courts areas. Overflow
parking on the roadway is not permitted and will result in removal
of vehicles without prior notice.
Vehicles may not be kept on blocks or
covered by a tarpaulin. No vehicle repairs such as changing oil,
rotating tires, repairing brakes, spray painting, or similar
activities are permitted on the Condominium Property.
Towing Procedures. If any
vehicle is parked on any portion of the Condominium in violation of
this Parking Regulation or of the Declaration or Bylaws, or in
violation of the Association’s rules and regulations, the Board may
place a towing notice on the vehicle specifying the nature of the
violation and stating that after twenty-four (24) hours the vehicle
may be towed. The notice shall include the name and telephone number
of a person to contact regarding the alleged violation. A notice
also shall be conspicuously placed at the entrances to the
condominium stating the name and telephone number of the person or
entity that will do the towing.
If twenty-four (24) hours after the towing notice is placed on the
vehicle the violation continues or thereafter occurs again within
six (6) months of such notice, the vehicle may be towed in
accordance with the notice, without further notice to the owner or
user of the vehicle. The Association’s right to tow is in addition
to, and not in limitation of, all other rights available to the
association, including the right to impose fines.
If any vehicle is parked in a reserved parking space illegally or
without the unit owner’s/tenant’s permission, the owner/tenant may
have it towed immediately without notice to the owner or user of the
If a vehicle is towed in accordance with this Parking Resolution,
neither the Association nor any officer, director or agent of the
Association shall be liable to any person for any claim of damage by
such person for damages incurred as a result of such towing.
Emergency or Hazardous Conditions. If a vehicle is parked in a fire
lane, is blocking another vehicle or access to another owner’s or
occupant’s unit, is obstructing the flow of traffic, is parked on
any grassy area, or otherwise creates a hazardous condition, no
notice shall be required and the vehicle may be towed immediately.
1) Resident Vehicle - any non-prohibited vehicle parked at
Hillsdale I Condominiums for more than fourteen (14) days
consecutively. Vehicle owner must reside in a Hillsdale I Condominium unit.
2) Guest Vehicle - any non-prohibited vehicle
parked at Hillsdale I Condominiums for less than fourteen (14) days
3) Permit - an officially issued decal which can
be obtained by contacting the Hillsdale I Property Management
Company or by visiting http://www.hillsdale1.com
1) Every resident vehicle of Hillsdale I Condominiums
must have a Hillsdale I parking permit displayed in the rear window
of the vehicle.
2) The maximum number of resident vehicles per
unit is two (2).
3) Guest vehicles do not require parking
1) The owner of a resident
vehicle without a parking permit displayed shall be given a first
warning that gives him/her fourteen (14) days to obtain and
display a parking permit. If, after fourteen (14) days, the vehicle
still does not have a valid parking permit displayed, the vehicle
shall be ticketed with a final warning and shall be scheduled for
towing within twenty-four (24) hours.
2) Any vehicle parked in a
reserved space without the permission of the owner/resident of that
space is subject to immediate towing.
3) Any vehicle belonging to
an owner (or his/her tenants or guests) who is more than 30 days
delinquent for Association dues shall be subject to towing.
Bylaws, Article VII, Section 1.
Animals, livestock, or poultry of any
kind shall not be raised, bred or kept on any part of the property.
No more than two (2) dogs, cats, or other household pets may be kept
by an owner in his/her respective unit. Pets cannot be kept, bred or
maintained for any commercial purpose nor endanger the health or
unreasonably disturb the owner or occupants of any other units. Pet
enclosures shall not be erected, placed, or permitted to remain on
the Property. Declaration 10. (b)
All pets must be restrained by a
leash and under physical control of a responsible person when walked
outside the unit. Dogs should be kept out of the shrubs and flowers on the property. Dogs may not be left unattended on decks, patios,
balconies, or any other location outside the unit.
Owners or the person
responsible for a pet shall carry a waste disposal receptacle at all
times when a pet is outdoors. If an owner, occupant, or other person
is witnessed with a pet outdoors and without a waste disposal
receptacle, it will conclusively be presumed that the pet has left
droppings on the Property in violation of this rule, whether or not
the pet actually has done so. Dispose of the waste receptacles in
existing garbage bags in your garbage can - waste is not to be left
anywhere on community property including pine straw, flowerbeds,
lawns, islands, pathways, under trees, etc. Violators are subject to fines.
SWIMMING POOL: Bylaws,
Article VII, Section 1.
Pool hours are from 9:00 a.m. to
11:00 p.m. Sunday through Thursday and 9:00 a.m. to 1:00 a.m. Friday
and Saturday during the season. The season normally will be from
Memorial Day to Labor Day.
Except by prior arrangement with the
Board, the number of guests of the owners/tenants of any one unit
shall not exceed four (4) at the pool.
The resident must be on the property
if he or she has guests at the pool.
No one under the age of fourteen (14)
years will be allowed in the swimming pool area unless accompanied
by an adult of age eighteen (18) years and older.
All residents and guests shall follow
the rules posted at the pool area.
No lifeguard is provided. Swim at
your own risk.
Glass of any kind is not allowed in
the pool area.
Radios, disk players, tape players or
any other sound-producing devices shall not be operated in the pool
area unless earphones or headsets are used to prevent anyone else
from hearing the audio.
Running, horseplay, or diving is not
permitted in the pool area.
Pool gates must be kept closed at all
Pets are not allowed in the pool area
or in the water.
Children who are not toilet trained
must wear rubber pants over swimsuits. Diapers are not allowed
inside the pool. Soiled diapers shall not be disposed of in the pool
Pool equipment or furniture shall not
be removed from the pool area.
Residents and guests shall comply
with all local codes and regulations applicable to pool use
(including health and sanitation codes), shall not indecently expose
themselves or act in a manner that is offensive to others or
constitutes a nuisance.
Barbeque Grills are prohibited in the pool area.
GENERAL: Bylaws, Article
VII, Section 1.
There shall be no more than two (2)
permanent residents in any one (1) bedroom unit and no more than
four (4) permanent residents in any two (2) bedroom unit. Anyone who
resides at the Condominium for more than four (4) consecutive weeks
or for more than eight (8) weeks in any calendar year shall be
deemed a permanent resident.
All homeowners and renters shall be
registered with the Association Board of Directors.
3. Residents may not make any exterior change, alteration or construction (includes enclosing patios and balconies); add additional lighting, or erect, nail, place or post any object, decorations such as wall hangings, wreathes, lights, etc. on the common or limited common element without prior written approval from the Board. All seasonal decorations (yard art, decorative flags, lights etc.) placed or erected on the common or limited common areas must have prior written approval from the Board. Non-approved items placed or attached in the common areas or limited common areas are subject to removal. Decorative objects may be placed on an individual unit front door.
DBS satellite dishes, MMDS dishes,
and TV antennas may only be installed on the "limited common
elements" of patios or porches and may not extend (out, up, hang
over the edge, etc.) beyond these particular elements. DBS dish
antennas cannot exceed one (1) meter (approximately 39 inches) in
diameter and MMDS dish antennas cannot exceed one (1) meter in
diameter or diagonally. Transmitting antennas are prohibited.
Homeowners are required to notify the Association Board before the
installation of any antenna. NOTE: Optional satellite dish TV is
available throughout the community. Homeowners must register with
the Hillsdale I Association to obtain service. Please contact Sharper Image prior to installation. All installations shall be completed in a professional manner with the cable wires entering units from the rear of the building. No cable wire shall enter a unit from the front of the building and are subject to removal by the association at homeowner’s expense. All cable wires on the rear of the building shall be installed in a manner that results in minimal visibility. Correct installation shall be the responsibility of the homeowner. If installation is deemed to not be satisfactory, the association will correct it at homeowner’s expense.
Residents shall not place any signs
or billboards on the common area outside the unit or along the
Parkway. "For Sale" signs are not permitted on vehicles. Bulletins
or flyers may not be placed on vehicles, mailboxes, light poles or
any other location on the Property except as approved by the
Covenants Committee or Board.
Tennis is the only sport or
recreational activity allowed in the tennis courts. Pets are not
allowed. Gates must be kept closed at all times.
Recreational activities, sports, or
similar activities [except recreational walking, adult/adult
supervised biking and scootering, or skating (no skateboards)] are
not permitted on the paved areas or on the sidewalks.
Bird feeders of any type are not
allowed in the community.
Yard sales are not permitted on the
Property except as approved by the Board.
Residents and their guests shall
conduct themselves in the unit and on the Condominium Property so as
not to unreasonably disturb other residents with noise, commotion,
or other disturbances. This includes all activities at the tennis
courts, pool, and clubhouse.
When in Doubt - Contact
Sharper Image Management