Stockton's Mill Homeowner's Association Bylaws

Article 1

1.1. The name of this corporation: shall be known as STOCKTON'S MILL HOMEOWNERS ASSOCIATION, INCORPORATE, hereinafter called "Stockton‘s Mill" or the "Association.

1.2. The principal oflice of the Association shall be in Cobb County, Georgia. Meetings of members and directors may be held at such places within the State of Georgia, County of Cobb, as may be designated by the Board of Directors.

1.3. The Association shall conduct its affairs and maintain its records on an Association year which shall run from the 1^st day of April of each year, through the 31^st day of March of the following year.

Article 2

2.1. The Association is organized lor the following purposes:

(a) To provide a forum for group interests of the community.

(b) To develop. encourage, promote, organize, and coordinate social functions and meetings for the benefit of the members.

(c) To provide recreational and social facilities for its members, such facilities to include swimming, tennis, and other sports facilities and common areas.

(d) To own, equip, maintain, and operate recreational facilities and common areas.

(e) To safeguard and improve community and individual property investment, future land use plans, zoning ordinances, and to review future building development, both within and nearby this community.

(f) To generally provide for the mutual assistance, enjoyment, entertainment, and well-being of the members.

2.2. Anything herein contained to the contrary notwithstanding, the purpose of the Association shall not include participation in any political campaign in behalf of any candidate for public office, nor shall any part of its property or income be devoted to such purpose.

Article 3

3.1. The Association is not organized, and shall not be operated for pecuniary gain nor profit. No part of the property of the corporation, and no part of its net earnings or income shall inure to the benefit of any member of the

Association.

3.2. The Association shall not be authorized to engage in any regular business activity ordinarily carried on for proiit, or any activity, except in the‘ furtherance of the purposes stated above for which the Association is organized. Said Association is organized under the Georgia Non-Profit Corporation Code, and shall be entitled to all rights, privileges and immunities, and shall be subject to the obligations and liabilities thereunder.

3.3. In the event of dissolution of the Association, the residual assets of the Corporation shall be distributed over to one or more organizations described in Sections 501 (c) (3) and 170 (c) (2) of the Internal Revenue Code of 1954, as amended, or corresponding sections of any prior or future Internal Revenue Code. or to the federal, state, or local governments, for exclusively public purposes.

3.4. The Association shall be managed by officers elected annually by the general membership. The elected officers shall confirm Committee Chairpeople, conduct periodic general membership meetings, and discharge their duties as further described herein, in compliance with the By-Laws of the Association.

General Business of the Association, amendments to By-Laws, and other group functions of the Association shall be conducted in periodic general membership meetings where each member has a voice in the Association as further defined herein.

Robert's Rules of Order, newly revised, shall govem this Association, and the conduct of its Meetings in all cases in which they are not inconsistent with these By·Laws.

Article 4

4.1. The membership of the Association shall be open to homeowners in Stockton's Mill, Phase l (to include homeowners in the area formerly designated as Cork Wren development), and Phases Il-V, Cobb County, Georgia. Homeowners shall be defined as owner and immediate family of developed property only.

4.2. To become a member, an eligible person shall apply for membership in the Association. With such application, such prospective member shall tender the application fee and initiation fee, if any, which fee shall be established and set out herein·after. Upon approval of the applicaiion by the Board of Directors of the Association, the applicant shall agree to abide by all the rules and regulations of the Association.

4.3. The membership appiication of all eligible persons shall be approved by the Board of Directors of the Association, which approval shall be a determination of such applicant‘s eligibility as established in Section 4.1. above. The Board of Directors may refer the initial review of this matter to the Membership Cbmmittee, which shall perform such review function as envisioned herein and shall, after making such reasonabie determination as is appropriate, refer the membership application back to the Board of Directors for approval thereof. All matters relating to such membership application shall be confidential, except that all information regarding one‘s application and the review thereof shall be available to such applicant.

4.4. There shall be two classes of membership. These shall be: (I) "Recreation Members" and (2) ”Homeowncr Members". Any household eligible pursuant to Section 4.1. shall be eligible for either classification. Recreation membership entitles all members of that household to use the swimming pool and tennis courts as all well as all other rights and privileges of membership, and sltall be subject to the rules and regulations established for the use of the facilities, as well as all other rules and regulations of the Association. Homeowner membership entitles all such households to voting at all general membership meetings, to holding office within the Association, and the use of the Association common areas exclusive of the facilities, and subjects such members to all rules and regulations of the Association.

4.5. Only one membership is allowed for any particular lot owned in Stockton's Mill. In the case of a house being leased, either the Lessor or the Lessee may hold that membership, but not both. The Association membership is held in one rcsident‘s name, and all persons registered as residing in the house are entitled to exercise the membership privileges, as outlined in the rules and regulations. The Board of Directors will maintain a list of members households, and the residents therein.

4.6. Membership in the Association shall be transferable to persons eligible in accordance with the provisions of Section 4, above, subject to the approval of the Board of Directors. Such member, desiring to transfer his membership, shall notify the Board of Directors for such purpose. Such form shall contain information as to the name of the proposed transferee, and such additional information as may be appropriate and necessary for the Board of Directors to render the necessary approval. Such transfer document shall contain such transferee’s acquiescence in the financial obligations of the Association, and the transferees willingness to be bound by the rules and regulations established for the Association relating to the use of facilities. The Board of Director‘s approval as specified herein shall relate solely to the transferees eligibility as established in Section 4.1, above.

4.7. Notwithstanding the above, a member may not transfer his membership in the Association, unless and until all membership dues owed the Association are made current, or any obligation outstanding and owing is, in fact, paid. Any transfer made in violation of the Section and/or Section 4.6, above, shall be voidable at the option of the Board of Directors.

4.8. The Board of Directors may terminate any membership that fails to pay dues, fines, or approved assessments within 45 days of the date due. A late surcharge may be added within the 45 day period if notice of such is given before the due date. Before temiinating a membership. three notices of the obligation due must be served the member, the last of which must be signed for.

4.9. The Association's facilities shall be available only to the membership and their guests, and shall not be available to the public in general. Such eligibility for membership shall not be available to the public in general, but shall be that as specified in Section 4.1, above, and shall in no way be detemtined on the basis of race, color, or religion.