Documents

There are 3 options to obtain the Declaration, Articles of Incorporation and Bylaws of McGill Place:

Legal Hierarchy

(ABOVE)
There is a hierarchy that exists which sets forth which law or document takes precedence over another. The Declaration of Condominium and the Non-profit  Code of Georgia also weigh in on condominium formation and operation.  

  1. OWNERS: If you are a community owner you may go to Sentry’s CommunityPro Portal to download governing documents:  https://www.accesssentrymgt.com/dx/sentrywp/
    Once logged in go to:

          • Information Center 
            • Cabinet: Association Records
            • Drawer: Community Information
            • Folder: Governing Documents
            • At the bottom are the Declaration of Condominium (14 documents), Articles of Incorporation, and Bylaws, and Rules and Regulations.
  2. REAL-ESTATE TRANSACTIONS If you need a document for closing or a real-estate transaction, you will need to request the governing documents at www.sentrymgt.com (Sentry Management) by selecting the menu option “Order Closing Documents.” Also see “Selling” here: https://330mcgill.com/homes/.
  3. OTHER OPTIONS: Governing documents may also be accessed and printed for a nominal fee by going to the Clerk of Court: https://www.gsccca.org/ 
    Establish an account
    Go to “Search” then “Name Seach” then “Real-Estate Index”
    Then do a search using the following variables:
    Instrument Type: “Condominium Declaration”
    County: “Fulton”
    Name Search: “330 McGill Place.”
    EXAMPLE DISPLAY: 25
RESERVE STUDY UNDERSTANDING

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.

WHICH DOCUMENT CONTROLS?

WHICH DOCUMENT CONTROLS?
Owners and residents may need to refer to the community documents to get answers to questions. This information is to help owners, including tenants, understand the purpose of each condominium document. They are listed in the general order of governance.

Condominium Act of Georgia
This document controls properties that have recognized the Act as their controlling document. 330 McGill recognizes the 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.

Declaration of Condominium
Our Declaration mirrors the vast majority of the Act. This document is different for every condominium, so ours may not even be close to another property even when ascribing to the Act. The Declaration is specific to 330 McGill Place and to amend the Declaration requires a 66-2/3% affirmative vote of the owners. This document, for example, 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 and owner’s responsibilities.

Non-profit Code of Georgia
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. Remember board members are “Directors” and there titles relate to fulfilling the requirements of the Code and designating things like signing authority.

Where the community documents are silent, this Code may provide insight. For example, how to conduct voting, board powers, venue, and members. However, members of a condominium is usually controlled by the Declaration and/or the Act since mandatory membership is required as an owner.

Association By Laws
By Laws 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 Sentry. All Board members are “Directors” under the declarations, but Directors may be designated as “Officers” under the By Laws and determined by the board. Directors don’t have to be Officers, but generally are because owners don’t want to be unpaid officers. See the officer list at the bottom of this newsletter. Think of the Code and By Laws as what governs Association business, not property, and owners or residents.

Rules and Regulations (R&R)
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.

UNIT LEGAL BOUNDARIES

Units

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.

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. 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, but any portions thereof serving more than one Unit or any portion of the Common Elements shall be deemed a part of the Common Elements. If any chutes, flues, ducts, conduits, wires, bearing walls, bearing columns, or any other apparatus lie 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, but any portions thereof serving more than one Unit or any portion of the Common Elements shall be deemed a part of the Common Elements.

INDIVIDUAL UNIT INSURANCE VS CONDO MASTER POLICY

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. There is a 25K deductible, this is for anything involving H2O: HVAC condensate leaks, water heater leaks, sewer backups, etc.
    2. Up until this 25K amount the owner 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.