Docs

In above image and below Docs# 1-4 , documents are listed in the general order of what takes precedence in governance.

• PUBLIC LEGAL DOCUMENTS: General to all Georgia Condominiums and Non-profits and taking precedence over the Declaration (of Condominium), below are links to the “Georgia Condo Act” and the “Georgia Nonprofit Code“.
• MCGILL PLACE – SPECIFIC LEGAL DOCUMENTS: Specific to McGill Place our Declarations, Bylaws and Rules and Regs are kept in the CMA Portal for resident only access.

Doc#1- Declaration (of Condominium)– GOVERNS PROPERTY, OWNER’S RESPONSIBILITIES & BUSINESS
(McGill Declarations are in CMA Portal-see top of this page)
A Covenant, Condition and Restriction is also known as CC&Rs. Our Declaration parallels the vast majority of the Georgia Condominium Act which is customized for every condominium. To amend the Declaration requires a 66-2/3% affirmative vote of the owners. The Declaration sets votes per unit, defines the boundary of a unit, restrictions, collection of assessments, the rental cap of 20%, right to access units, insurance requirements, and Architectural Controls. Think of this document as what governs property, owner’s responsibilities and business.
Our Declaration incorporates elements from the 3 State of Georgia legal docs listed below, with links to the free online sources of these documents :

1. Georgia Condominium Act  –GOVERNS PROPERTY AND OWNER’S RESPONSIBILITIES
   This document controls properties that have recognized the Condominium Act of Georgia as their controlling document. 330 McGill recognizes this Act and it is documented in the Declaration of Condominium. The Act is a comprehensive statutory document that ensures equity among owners and residents of condominiums. The Act is what empowers the Association to collect assessments, provides automatic liens for past due amounts, and collection powers.
2. Non-profit Code of Georgia –GOVERNS BUSINESS
   The Association is a “not-for-profit corporation” and from the BUSINESS point of view is governed by this Code. This law requires the Association to be registered with the Secretary of State and have officers. Board members are “Directors” and their titles relate to fulfilling the requirements of this Code.
   Where the community documents are silent, this Code may provide insight. For example, financial transparency in Ga nonprofits, how to conduct voting, board powers, venue, and members. However, members of a condominium are usually controlled by the Declaration and/or the Ga Condo Act since mandatory membership is required as an owner.
3. Articles of Incorporation-see #2 below this.

Doc#2- Articles (of Incorporation) is the document filed with a state to create a corporation.

Doc#3- Association Bylaws– GOVERNS BUSINESS (McGill Bylaws are in CMA Portal-see top of this page)
Bylaws along with the Non-profit Code of Georgia , govern how the Association operates as a BUSINESS. For example, the election of officers, business meetings, notice of meetings, conflicts of interest, and authority to assign management to CMA. All Board members are “Directors” under the declarations, but Directors may be designated as “Officers” under the By Laws and determined by the board. Think of the Non-Profit Code and Bylaws as what governs Association BUSINESS, but not property, owners or residents.

Doc#4- Rules and Regulations (R&R) (McGill R&R are in CMA Portal-see top of this page)
The Declarations permit the Board of Directors to create additional rules and regulations (e.g., R&R) to respond to issues not addressed by the Declaration. For example, to set vehicle and parking standards, trash and recycling, what is permissible on the Common Elements, and also pool hours. R&R are meant to provide clarification, augment existing documents, or set additional rules or regulations where needed when other documents are silent.

What is the difference between a Domestic Nonprofit Corporation and an HOA?
While a condo association (McGill Place) and a homeowners association (HOA) are similar in purpose, the main difference between the two governing bodies pertains to what their respective owners actually own. See the breakdown below:

• Condominium Association (McGill Place): In a condo association, each condo owner is a member of the association and they’re the sole owner of their individual unit’s interior. Each condo owner also has joint ownership of shared areas. These include lobbies, parking garages and amenities such as swimming pools, fitness facilities, tennis courts and dog parks.
• Homeowners Association (HOA) : Similar to a condo association, each member owns their individual property, which includes their home and the real estate on which the home resides. However, the individual members don’t share joint ownership of common areas. Instead, the homeowners association (HOA) – which usually exists as an independent entity or is owned by the developer or an HOA management company – owns these shared areas.

After consulting with McGill Place Legal Council about financial transparency in 2023 it was found the the board of directors can set what-ever is agreed upon with the majority vote of the board.
1-  NonProfit Code GA Section 14-3-1602 – Members’ right to copy and inspect records
INTERNET      PDF
2- NonProfit Code GA Section 14-3-1620 – Furnishing financial statements to members
INTERNET      PDF

The language in the Bylaws for 330 McGill says “IF.”  By law, the Board is only required to have open meetings if your documents said “SHALL.” Otherwise, open meetings are only allowed if the Board decides that a given meeting would be “open.”  In those instances, proper advance notice will be required to be sent to the owners.

We all love our pets and here are the 1986 rules. The 35 lb. rule is not enforced but the rest are if a fellow resident complains:

Doc#1: DECLARATIONS Section 6.6         Animal or Pets. No Owner or occupant may keep any pets other than generally recognized household pets on any portion of the Condominium, and no Owner or occupant may keep more than two (2) pets per Unit. No Owner or occupant may keep any pet weighing more than thirty-five (35) pounds on any portion of the Condominium; provided, however, that this requirement shall not apply to an Owner or Occupant that has a pet that weighs more than thirty­ five (35) pounds at the time of the recording of this Declaration in the Fulton County, Georgia land records. Any Owner or Occupant permitted to keep a pet that weighs more than thirty-five pounds under this Section 6.6 may not replace pets that die or are otherwise removed from the Condominium with a pet which will weigh more than thirty-five pounds at mature species weight. No Owner or occupant may keep, breed or maintain any pet for any commercial purpose. Notwithstanding the above, the offspring of any permitted pet may temporarily remain on the Property even if the two (2) pet per Unit restriction is otherwise exceeded until the offspring have been weaned.

Pets may not be left unattended outdoors (either on the Common Elements and Limited Common Elements), kept outdoors in fenced areas, or staked or tethered on the Common Elements. Pets shall not be housed, leashed, or otherwise kept on patios, porches, breezeways, or Common Elements. Dogs must be kept on a leash and be under the physical control of a responsible person at all times while on the Common Elements. No structure for the care, housing, or confinement of any pet shall be constructed or maintained on any part of the Common Elements, including the Limited Common Elements, without the prior written approval of the Board of Directors or the Architectural Control Committee as provided in Section 6.5 of this Article. Feces left upon the Common Elements by dogs must be removed by the owner of the dog or the person responsible for the dog. Each Owner or occupant shall be responsible for any and all damage to the Common Elements caused by their pets.

Any pet which endangers the health of any Owner or occupant of any Unit or which creates a nuisance or unreasonable disturbance, as may be determined in the sole discretion of the Board of Directors, must be permanently removed from the Condominium upon seven (7) days’ written notice by the Board of Directors. If the Owner or occupant fails to comply with such notice, the Board may remove the pet. Any pet which, in the sole discretion of the Board, presents an immediate danger to the health, safety or property of any member of the community may be removed by the Board without prior notice to the pet’s owner.

Any Unit Owner who keeps or maintains any pet upon any portion of the Condominium shall be deemed to have indemnified and agreed to hold the Association, its directors, officers, and the Association’s management company, if any, free and harmless from any loss, claim or liability of any kind or character whatever arising by reason of keeping or maintaining such pet within the Condominium.

Building deterioration never takes a day off which is the purpose of reserve studies. Reserve funds are indispensable to a property aging safely and successfully. The 2022 McGill Place Reserve Study can be found in the McGill portal.
Here is a movie: https://www.youtube.com/watch?v=B-52cE3f9mo
Here is a document Reserve Studies 101 for 2022
Q: Why should we set aside funds for future owner to enjoy? We are not a charity!
A: Reserves are NOT charities for future owners, they are setting a little aside month-to-month to take care of ongoing deterioration. If the property is not well cared for, property values take a hit. It is committing to taking care of our property with no special assessments or lagging property values.
Q: Which projects are appropriate to be funded through reserves?
A: A project must pass all parts of a 4-part test: (1) Common area maintenance responsibility (2) Limited useful life (3) Predictable remaining useful life (4) It must be more expensive than the monthly dues can handle. These projects are identified through the reserve component list in a reserve study.
Q: What information is collected on each reserve component?
A:  (1)Project Description, (2)Identifying Information, (3)Useful Life (yrs), (4)Remaining life (yrs), (5)Replacement Cost
Q: How many years does a reserve study go into the future?
A: 30 years
Q: What is considered an acceptable funding percentage?
A: The 0-30% Funded range involves a high risk of special assessment, so it’s good to stay
out of that range. The “above 70% Funded” level puts the homeowners at low risk of
special assessments, revealing the board has set assessments appropriately to take
care of the needs of the building.

Doc: #1 DECLARATIONS Exhibit “C” (at end)
Unit Boundaries

Unit Upper and Lower Boundaries. The upper boundary of each Unit is the horizontal plane of the unfinished lower interior surface of the ceiling (of the upper story in two story units). The upper boundary includes the plaster, dry-wall or other material forming the finished interior surface of the ceiling. The lower boundary of each Unit is the horizontal plane of the upper unfinished surface of the floor (of the lower story in two story units). The lower boundary includes the wood, tile or other material forming the finished flooring. The upper and lower boundaries of each Unit extend to their intersection with each other and the perimetrical boundaries of the Unit.

Unit Perimetrical Boundaries. The perimetrical boundaries of each Unit are the vertical planes of the interior unfinished surface of the walls of the Unit (whether such walls separate the Unit from other Units or the Common Elements) and the vertical planes of the exterior surfaces of windows and entry doors, including sliding glass doors. The perimetrical boundaries include all doors and windows therein, and all sheetrock, lath, and wallboard. The materials constituting the interior finished surfaces of the walls, including without limitation, the molding, tiles, wallpaper and paint are within the boundaries of each Unit. The perimetrical boundaries of each Unit extend to their intersection of the upper and lower boundaries of the Unit.

General.
Unit Responsibility: Window screens and all fixtures, equipment and appliances located within the boundaries of each Unit are deemed to be a part of such Unit. Any heating and/or air conditioning compressors, units, components or other apparatus serving a Unit located beyond the boundaries of the Unit shall be deemed a part of that Unit. If any chutes, flues, ducts, conduits, wires, bearing walls, bearing columns, or any other apparatus located partially inside and partially outside of the designated boundaries of a Unit, any portions thereof serving only that Unit shall be deemed a part of that Unit.
Condo Responsibility=Common Elements: Any portions of building thereof serving more than one Unit or any portion of the Common Elements shall be deemed a part of the Common Elements. 

From: DECLARATION OF CONDOMINIUM FOR 330 MCGILL PLACE A CONDOMINIUM ATLANTA, GEORGIA 1986
ARTICLE II THE CONDOMINIUM
2.3         Common Elements. The Common Elements consist of all portions of the Condominium that are not Units.

2.4         Limited Common Elements. Those portions of the Common Elements which are assigned to the exclusive use of a certain Unit or Units, as hereinafter set forth, are Limited Common Elements. Each Unit is assigned the following Limited Common Elements:
(a) entry ways, door steps, stairways, and appurtenant fixtures and facilities which provide direct access to the Unit, and
(b) any balcony, porch, sidewalk, enclosed or fenced patio, together with the enclosure or fence therefor located adjacent to a Unit and directly serving that Unit.
In the event that any of the items described herein or other Common Elements serve more than one but less than all Units, such items shall be Limited Common Elements appurtenant to the Units served thereby. Reassignment of Limited Common Elements may be accomplished pursuant to Section 44-3-82 of the Act. Assignment of Common Elements not previously assigned as Limited Common Elements may be accomplished upon the approval of a majority of the Board of Directors in accordance with procedures set forth in Section 44-3-82 of the Act.

2.5         Alterations. Alterations within Units may only be made subject to the provisions of Section 44-3-90(a) of the Act.

2.6         Partition. Unless the condominium form of ownership hereby established is terminated as provided herein, no Unit Owner or other person shall bring any action for partition of the whole or any part of any Unit or the whole or any part of the Common Elements.

Basically what 2.7 below says: if an element is part of and unique ONLY to your unit and ONLY affects your unit, even if it extends into the limited common or common elements, it is your responsibility to maintain.
If that same element is affected and shared by multiple units and extends into the limited common or common elements, then it is the Association’s responsibility.

• The attic is considered a common element since at McGill Place it serves multiple units.
• Mechanical HVAC connected to your unit is your responsibility, unless it serves multiple units like the condensate pipe.
• Plumbing is your responsibility to where your unit cutoff valve is in the laundry room. Where the the plumbing becomes shared it is a common element.
  
• Electric is your responsibility to your unique Georgia Power meter outside.

2.7         Maintenance and Repair of Condominium.
(a)         Association. The Association shall be responsible, as a common expense, for maintaining and repairing the Common Elements (including the Limited Common Elements), and any damage caused to Units or the Limited Common Element while performing or as a consequence of such maintenance and repairs.
(b)         Unit Owners. Each Unit Owner shall be responsible, at his sole cost, for maintaining and repairing his Unit and any damage caused to the Common Elements (including the Limited Common Elements) while performing or as a consequence of such maintenance and repairs, or as a result of his or his family’s negligence or misuse, or as a result of his or his family’s intentional wrongful act.

Below is a very basic overview of what defines Personal Property Insurance and the Condo Master Policy.
For more nuance here is INSURANCE 101:  Slide show from a 2/08/2022 Community Insurance Meeting with Insurance Professional Judy Dreher.

 PERSONAL PROPERTY INSURANCE  This insurance is for what the Condo Master Policy does not cover (HO6=Owners Insurance/HO4= Renters Insurance):

1. What to insure with this policy? Upgrades to the basic builder’s box outlined in “Unit Legal Boundaries” (above dropdown).
2. This might be envisioned as a box that when turned upside down, what falls out are your personal upgrades (these are not insured by the Condo Master Policy). For example: If your building burned down the Condo Master Policy would cover up to what were basic construction builders specs in 1986: The very basics of wallboard, flooring, lighting, cabinets, and appliances. If you have upgraded floors, lighting, cabinets, countertops, etc., make sure your personal property insurance covers these.
3. Personal furnishings and belongings would also be under this policy.
4. See Insurance 101 Slide Show for Loss Assessments, Loss of Use and Personal Liability Protection.

CONDO MASTER POLICY  This insurance is part of your HOA fee and is divided into 2 insurance categories, 1.Dwelling and 2.Water Damage,  with different deductibles:

1. Dwelling Coverage: This covers the basic builder’s box ONLY, outlined above, and everything OUTSIDE the box and in our community.
   1. There is a 5k deductible, to get back the basic builder’s box without said upgrades. This is casualty insurance written based on an accident, mishap, or disaster. This coverage provides insurance protection from fire, wind, hail, riots, vehicle damage, smoke and earthquakes.
   2. Up until this 5k amount the owner pays for damages – adjust your personal insurance to cover this if 100% insurance is desired.
2. Water Damage Insurance: 
   1. Both to Individual Owners (basic builders box) &  the Condominium Association (CONDO MASTER POLICY = everything else) there is a 25K deductible:
      1. 25K deductible for INDIVIDUAL OWNERS : basic builder’s box = H2O protection specific to 1 unit- water heater leaks, pipes bursting because didn’t leave water dripping during freeze (https://330mcgill.com/preventing-frozen-pipe-damage/), etc.
      2. 25K deductible for Condominium Association (CONDO MASTER POLICY): H2O damage protection serving multiple units= roofs, HVAC condensate pipes between units, sewer backups, etc.
   2. Up until this 25K amount water damage to a basic builders box the individual owners insurance pays for damages – adjust your personal insurance to cover this if 100% insurance is desired.
   3. McGill Place sits on a hill so there are no flood zone hazards.
3. To send the Condo Master Policy Certificate of Insurance to your Mortgage Company: 
   1. https://www.cauinsure.com/CertRequest
   2. Fill out the form and they will send it to your mortgage company.