Legal

LEGAL: Links 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/document takes precedence over another.

  1. If you are a community member go to Sentry’s Portal :  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, Articles of Incorporation and Bylaws.
  2. If you are not a member go to the Clerk of Court: https://www.gsccca.org/ 
    Establish an account then do a search.

 

 

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 the 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.